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Legalization Status

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Not Decriminalized

Medical Marijuana (1)

Medical Since 2018

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Not Recreational

West Virginia Governing Body Information


2018 Marijuana Packaging Law Updates


West Virginia very recently passed the bill to legalize medical cannabis. Senate Bill 386 was passed to allow the use of cannabis for specific chronic medical conditions in 2017 and will go into effect July 2018.

Possession of any amount of marijuana in the Mountain State is a misdemeanor subject to a minimum 90 days incarceration and up to a thousand dollar fine. Sale or distribution of any amount of cannabis will incur a mandatory minimum sentence of one year.

Medical Cannabis Laws in West Virginia

Despite strict possession laws, medical marijuana is allowed in the state of West Virginia as long as the patient has a qualifying condition such as HIV/AIDS, epilepsy, PTSD, chronic nerve pain, spinal cord damage, and any terminal illness. Patients can have a thirty day supply of cannabis-infused products such as pills, oils, topicals, or tinctures. While herbal cannabis isn’t allowed, cannabis-infused oils or liquids can be vaporized or nebulized.

Cannabis Business Rules in West Virginia

Currently cultivation of marijuana is not permitted for individuals without authorization from the state. West Virginia allows state-licensed dispensaries; however there are currently none open.  This doesn’t mean that medical cannabis businesses who want to expand shouldn’t look into application options and decide what kind of packaging to use. The first operational dispensary will be open in 2019, giving plenty of time to find safe, secure, and legal packaging.

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