Cannabis Rules & Regulations: West Virginia

Cannabis Rules & Regulations: West Virginia

West Virginia Cannabis History

Medical marijuana was legalized in 2017 in West Virginia, then Senate Bill 386 also known as the West Virginia Medical Cannabis Act, was passed, making medical marijuana available to patients with specific chronic medical conditions.  The bill established the West Virginia Medical Cannabis Commission, set forth rules and timelines for the establishment of a statewide medical marijuana system, and established July 1, 2019, as the date to begin certifying patients for medical cannabis use.

Previous attempts that ultimately failed to advance include Senate Bill 546 and House Bill 2909.


West Virginia Child-Resistant Packaging Rules

West Virginia’s regulations for child-resistant medical marijuana packaging are established in §64-110-16. Packaging and labeling of medical cannabis, and include the following:

§64-110-16. Packaging and labeling of medical cannabis.

  • 16.1. A grower/processor shall package and label at its facility each form of medical cannabis prepared for sale. The original seal of a package may not be broken, except for quality control testing at an approved laboratory, for adverse loss investigations conducted by the bureau or by a dispensary that purchased the medical cannabis.
  • 16.2. A grower/processor shall package the medical cannabis in a package that minimizes exposure to oxygen and that is:
    • 16.2.a. Child-resistant.
    • 16.2.b. Tamper-proof or tamper-evident.
    • 16.2.c. Light-resistant and opaque.
    • 16.2.d. Resealable.
  • 16.3. A grower/processor shall identify each process lot of medical cannabis with a unique identifier.
  • 16.4. A grower/processor shall obtain the prior written approval of the bureau of the content of any
  • label to be affixed to a medical cannabis package. Each label must:
    • 16.4.a. Be easily readable.
    • 16.4.b. Made of weather-resistant and tamper-resistant materials.
    • 16.4.c. Be conspicuously placed on the package.
    • 16.4.d. Include the name, address and permit number of the grower/processor.
    • 16.4.e. List the form, quantity and weight of medical cannabis included in the package.
    • 16.4.f. List the amount of individual doses contained within the package and the species and percentage of THC and CBD.                            
    • 16.4.g. Contain an identifier that is unique to a particular harvest batch of medical cannabis, including the number assigned to each harvest lot or process lot in the harvest batch.
    • 16.4.h. Include the date the medical cannabis was packaged.
    • 16.4.i. State the employee identification number of the employee preparing the package andpackaging the medical cannabis.
    • 16.4.j. State the employee identification number of the employee shipping the package, if different than the employee described in subdivision 16.4.i.
    • 16.4.k. Contain the name and address of the dispensary to which the package is to be sold.
    • 16.4.l. List the date of expiration of the medical cannabis.
    • 16.4.m. Include instructions for proper storage of the medical cannabis in the package.
    • 16.4.n. Contain the following warning stating: 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.
    • 16.4.o. Contain a warning that the medical cannabis must be kept in the original container in which it was dispensed.
    • 16.4.p. Contain a warning that unauthorized use is unlawful and will subject the purchaser to criminal penalties.
  • 16.5. Labeling by a grower/processor of any medical cannabis may not bear:
    • 16.5.a. Any resemblance to the trademarked, characteristic or product-specialized packaging of
    • any commercially available food or beverage product.
    • 16.5.b. Any statement, artwork or design that could reasonably lead an individual to believe that
    • the package contains anything other than medical cannabis.
    • 16.5.c. Any seal, flag, crest, coat of arms or other insignia that could reasonably mislead an individual to believe that the product has been endorsed, manufactured or approved for use by any state, county or municipality or any agency thereof.
    • 16.5.d. Any cartoon, color scheme, image, graphic or feature that might make the package attractive to children.


Useful Links for West Virginia Cannabis Regulations

West Virginia Medical Cannabis Commission
West Virginia Patient/Caregiver Information
Medical Cannabis Advisory Board Information
West Virginia Laws and Penalties


West Virginia Cannabis Growers Application

The West Virginia Department of Health and Human Resources, Bureau for Public Health, Office of Medical Cannabis ceased accepting permit applications for medical cannabis growers, processors, dispensaries, and laboratories on February 18, 2020 at 3:00 p.m. EST.  No additional applications are being accepted at this time.  Applicants should be aware that it may take an extended period of time for the refund of permit fees in the case of a non-successful application. Click here to view a list of applicants. 

Editor's Note: Status as of 4/9/2021


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