West Virginia

West Virginia legalized medical cannabis in 2017 when Governor Jim Justice signed the West Virginia Medical Cannabis Act (SB 386). The Office of Medical Cannabis within the Department of Health oversees the program, which became operational with its first dispensary opening in 2021. As of December 2025, approximately 35,200 patients hold approved medical cannabis cards, served by over 65 operational dispensaries and 123 registered physicians. The state has issued permits for up to 100 dispensary locations. Qualifying conditions include cancer, HIV/AIDS, PTSD, terminal illness, intractable seizures, Crohn's disease, and chronic pain. In March 2026, the House of Delegates passed HB 5260 to allow edible THC products at dispensaries, signaling ongoing program expansion. Home cultivation remains prohibited.

Ask the Expert about West Virginia

Regulator

Office of Medical Cannabis, West Virginia Department of Health

Key Legislation

W. Va. Code §16A-1-1 et seq.

Year Legalized

2017

Program Size

~35,200 approved patients

Key Facts

Over 65 operational dispensaries with permits issued for up to 100 locations
123 registered physicians certified to recommend medical cannabis
HB 5260 passed the House in March 2026 to allow edible THC products
First dispensary opened in 2021, four years after the Act was signed
Home cultivation is prohibited; patients must purchase from licensed dispensaries

Key Legislation

W. Va. Code §16A-1-1 et seq. (West Virginia Medical Cannabis Act)

Regulatory Body

Office of Medical Cannabis, West Virginia Department of Health

Country Info

ISO Code

Region

North America

Tier

Tier 2 — Emerging

Status

Medical — Legal

Sources

West Virginia Office of Medical Cannabis West Virginia Medical Cannabis Act (W. Va. Code §16A-1-1)

Disclaimer: This information is for general reference only and does not constitute legal advice. Cannabis regulations change frequently. Always verify with official sources and local legal counsel before making compliance decisions.