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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

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2019 Marijuana Packaging Law Updates

The sale, production, growth, and administration of marijuana in West Virginia is governed by the West Virginia Medical Cannabis Act (W. Va. Code 16A-1-1 et seq) under the auspices of the Medical Cannabis Program. Under the program, dispensaries are able to sell seeds, immature medical cannabis plants, medical cannabis plants and medical cannabis to qualified patients. Additionally, the Act refers to marijuana as “cannabis”. Other commonly used terms in the Act are cannabidiol (CBD) and Tetrahydrocannabinol (THC).

The conditions below are some of the approved medical conditions that patients may request a medical license for:

  • Cancer
  • HIV
  • Amyotrophic lateral sclerosis
  • Parkinson’s disease
  • Multiple sclerosis
  • Epilepsy
  • Crohn’s disease
  • PTSD
  • Sickle cell anemia

Although you may have been diagnosed with one of the above conditions, it is important to ensure you meet all requirements for your medical license as set out by West Virginia’s cannabis act and other regulations.

If you are a dispensary wanting to sell your inventory to another medical cannabis organization, you must have the following information on your label:

  • Concentration of Tetrahydrocannabinol (THC)
  • Concentration of Tetrahydrocannabinol acid (THCA)
  • Concentration of Tetrahydrocannabivarin (THCV)
  • Concentration of Cannabidiol (CBD)
  • Concentration of Cannabinadiolic acid (CBDA)
  • Concentration of Cannabidivarine (CBDV)
  • Concentration of Cannabinol (CBN)
  • Concentration of Cannabigerol (CBG)
  • Concentration of Cannabichromene (CBC)
  • Any other concentration amounts of a cannabinoid that is greater than 0.1%

Packaging Requirements:

  • Original seal of packages may not be broken
  • Packages must be child-resistant
  • Packages must minimize exposure to oxygen
  • Packages must be tamper-proof or tamper evident
  • Packages must be light-resistant
  • Packages must be opaque
  • Packages must be re-sealable

Label Requirements:

  • Unique Identifier Number (UIN)
  • Be easily readable
  • Be weather-resistant
  • Be tamper-resistant
  • Be conspicuously placed on the container or package
  • Include the name, address, and permit number of the grower/dispensary and processor
  • List the form, quantity and weight of medical cannabis inside the package
  • List the number of individual doses that are in the package (along with percentage of THC and percentage of CBD)
  • Contain the harvest lot number
  • Contain the batch number
  • Contain the date the medical package was packed
  • Contain the employee identification number of the employee who prepared the package
  • Contain the employee identification number of the employee who packed the package (if different from the employee above)
  • Contain the name and address of the dispensary
  • Contain the expiration date
  • Contain instructions for correct storage of the product
  • Contain the following statement:
    • “This product is for medicinal use only. Women should not consume during pregnancy or while breastfeeding except on the advice of the practitioner who issued the certification and, in the case of breastfeeding, the infant’s pediatrician. This product might impair the ability to drive or operate heavy machinery. Keep out of reach of children”
  • Contain a warning that the product must be kept in the original container which it was dispensed in
  • A warning that unauthorized use of medical marijuana is illegal and will subject the unauthorized person buying the medical marijuana to criminal penalties

Commercially Available Products

Packaging of medical marijuana cannot resemble trademarked product labeling that is currently available. This includes resemblance to any commercially available foods or beverages

Prohibited Packaging

  • Dispensaries cannot use statements that lead the consumer to believe that the product is anything other than medical marijuana.
  • Packages cannot contain seals, flags, crests, coat of arms or any other insignia that would lead the consumer or patient to believe that the product is endorsed, manufactured or approved for use by any state, county or municipality
  • Packages cannot contain cartoons, color schemes, characters, images or graphics that appeal to children or minors.

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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