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West Virginia medical cannabis rules: what to know and how to check

West Virginia allows medical cannabis only. To buy it, you need a serious medical condition, a certification from a physician registered with the state, and an ID card from the Office of Medical Cannabis (OMC). You can buy only inside a permitted dispensary. Dispensaries can’t deliver, and smoking medical cannabis is against the law. Check the dispensary on OMC’s list before you buy.

Checked against the Office of Medical Cannabis (OMC) and West Virginia law on . Next review: .

CHSA does not test, certify or endorse products or retailers.

Official source

West Virginia’s cannabis regulator: Office of Medical Cannabis (OMC)

These links go to the regulator’s own website. CHSA does not copy or host license records, so you always see the official, current version.

What’s different in West Virginia

West Virginia allows medical cannabis only. Adult (recreational) use is not legal. The state's Medical Cannabis Act was signed on April 19, 2017. The Office of Medical Cannabis (OMC), part of the West Virginia Department of Health, runs the program.

To buy, you must live in West Virginia, have a serious medical condition on the state's list, and get a certification from a physician registered with OMC. Then you apply to OMC for an ID card. The fee is $50 and can be waived for financial hardship. A card lasts up to one year. Carry it whenever you have medical cannabis.

Smoking medical cannabis is against the law, and that includes any kind of burning. Dry leaf or plant form is allowed for vaporizing. Other forms are pills, oils, topicals, tinctures, liquids and skin patches. Dispensaries can't sell edibles, but a patient or caregiver may mix medical cannabis into food to help the patient take it.

Only permitted dispensaries may sell medical cannabis, and only inside the store. They may not deliver. Growing your own is not allowed. A county can ban medical cannabis businesses by a vote of its residents. OMC says patients may not take medical cannabis outside West Virginia.

A patient may not drive with more than 3 nanograms of active THC per milliliter of blood serum.

Hemp products such as delta-8 THC are different. They are sold under a separate permit from the West Virginia Department of Agriculture and only to people 21 and older.

West Virginia medical cannabis rules at a glance

These are the main state rules for medical cannabis. West Virginia has no adult-use market. Numbers in brackets link to the law, the state’s rules or OMC.

West Virginia rules, with sources
Topic The rule Source
Minimum age Medical use only, with a registered physician's certification and an OMC ID card. Patients under 18 can qualify, but they must have a caregiver: a parent or legal guardian, someone a parent or guardian names, or a person the state allows when no parent or guardian is available. [1] W. Va. Code § 16A-5-6; OMC Patients/Caregivers page
How much you can have Patients may buy up to 6 ounces of flower or 60 grams of concentrate, or a mix of the two, in any rolling 30-day period, unless their physician sets a lower limit. Keep medical cannabis in its original package and carry your ID card with it. [2] OMC Patient Purchase Limits; W. Va. Code § 16A-3-2(a)(6)–(7)
Growing at home Not allowed. State law makes it unlawful to grow medical cannabis without a grower/processor permit. [3] W. Va. Code § 16A-3-3(b)(3)
Delivery Not allowed. A dispensary may not deliver medical cannabis to a home or any other place. It may dispense only inside its facility, to a patient or caregiver who shows a valid ID card to an employee. [4] W. Va. Code R. § 64-112-7.5.4, 4.1, 6.1
Required lab tests An independent lab, with a certificate from the state Office of Laboratory Services, tests samples at harvest and before products go to a dispensary. At a minimum, labs test for pesticides, solvents, water activity and moisture, THC and CBD levels, and microbial contaminants. [5] W. Va. Code R. § 64-111-9.3, 10.3, 10.4; W. Va. Code § 16A-7-4
Labels Labels must show the dispensary's name and address, your name, the date dispensed, the form and amount, the packaging date, a use-by or expiration date, the number of doses, the species and THC and CBD percentages, and warnings about pregnancy, driving, children, keeping it in the original container and unlawful use. [4] W. Va. Code R. § 64-112-4.3, 8.3; W. Va. Code § 16A-8-1(h)
Packaging Dispensaries must hand over medical cannabis in a sealed, properly labeled, child-resistant package. Keep unused medical cannabis in the original package it came in. [6] W. Va. Code § 16A-8-1(h); § 16A-3-2(a)(6)
Edible THC limits Dispensaries may not sell edibles. Making or selling medical cannabis in edible form is unlawful, except that a patient or caregiver may mix it into food to help the patient take it. [3] W. Va. Code § 16A-3-3(b)(2), (c)
Poison control West Virginia Poison Center: 1-800-222-1222 . Free, confidential, 24/7. Call 911 if someone has trouble breathing or won’t wake up. wvpoisoncenter.org

West Virginia recalls

We did not find a public recall list on OMC’s website. State rules say a grower/processor must recall medical cannabis that poses a risk to public health, and use press releases or other notices to reach patients who got it. 18 CHSA does not monitor West Virginia recalls yet. If you think a product made you sick, call Poison Help, then report it to OMC.

How West Virginia compares

Compare West Virginia with the other states CHSA covers.

Sources

  1. W. Va. Code § 16A-5-6 (minors) West Virginia Legislature · Retrieved
  2. West Virginia Patient Purchase Limits West Virginia Department of Health, Bureau for Public Health, Office of Medical Cannabis (OMC) · Retrieved
  3. W. Va. Code § 16A-3-3 (unlawful use of medical cannabis) West Virginia Legislature · Retrieved
  4. W. Va. Code R. § 64-112 (Medical Cannabis Program: Dispensaries), effective May 8, 2025 West Virginia Department of Health, Bureau for Public Health (filed with the West Virginia Secretary of State) · Published · Retrieved
  5. W. Va. Code R. § 64-111 (Medical Cannabis Program: Laboratories), 2025 revision West Virginia Department of Health, Bureau for Public Health (filed with the West Virginia Secretary of State) · Retrieved
  6. W. Va. Code § 16A-8-1 (dispensing to patients and caregivers) West Virginia Legislature · Retrieved
  7. West Virginia Office of Medical Cannabis (home page) West Virginia Department of Health, Bureau for Public Health, Office of Medical Cannabis (OMC) · Retrieved
  8. Patients/Caregivers West Virginia Department of Health, Bureau for Public Health, Office of Medical Cannabis (OMC) · Retrieved
  9. Frequently Asked Questions (FAQ) West Virginia Department of Health, Bureau for Public Health, Office of Medical Cannabis (OMC) · Retrieved
  10. W. Va. Code § 16A-3-2 (lawful use of medical cannabis) West Virginia Legislature · Retrieved
  11. W. Va. Code § 16A-5-1 (identification cards) West Virginia Legislature · Retrieved
  12. W. Va. Code § 16A-5-10 (prohibitions) West Virginia Legislature · Retrieved
  13. W. Va. Code § 16A-7-4 (laboratory) West Virginia Legislature · Retrieved
  14. W. Va. Code § 16A-7-6 (county prohibition) West Virginia Legislature · Retrieved
  15. W. Va. Code § 16A-8-2 (dispensary facility requirements) West Virginia Legislature · Retrieved
  16. WV Medical Cannabis Facilities - Dispensary List West Virginia Department of Health, Bureau for Public Health, Office of Medical Cannabis (OMC) · Retrieved
  17. OMC program statistics (data as of August 31, 2026) West Virginia Department of Health, Bureau for Public Health, Office of Medical Cannabis (OMC) · Published · Retrieved
  18. W. Va. Code R. § 64-110 (Medical Cannabis Program: Growers/Processors), 2025 revision West Virginia Department of Health, Bureau for Public Health (filed with the West Virginia Secretary of State) · Retrieved
  19. Adverse Event Reporting West Virginia Department of Health, Bureau for Public Health, Office of Medical Cannabis (OMC) · Retrieved
  20. W. Va. Code § 19-12E-12 (Select Plant-Based Derivatives Regulation Act: Industrial Hemp) West Virginia Legislature · Retrieved
  21. Hemp and Kratom Products West Virginia Department of Agriculture · Retrieved
  22. Resources West Virginia Department of Health, Bureau for Public Health, Office of Medical Cannabis (OMC) · Retrieved
  23. West Virginia Poison Center West Virginia Poison Center, West Virginia University Health Sciences Charleston Division · Retrieved

CHSA does not test, certify or endorse products or retailers.