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Office of Medical Cannabis

Senate Bill 386 created the Medical Cannabis Act that allows for cannabis to be used for certified medical use by a West Virginia resident with a serious medical condition and is limited by law to the following forms: pill; oil; topical forms including gels, creams or ointments; a form medically appropriate for administration by vaporization or nebulization, excluding dry leaf or plant form unless dry leaf or plant forms become acceptable under rules adopted by the Bureau for Public Health; tincture; liquid; or dermal patch.

S.B. 386 was signed into law on April 19, 2017, by Governor Jim Justice. Under the Act, the Bureau may not issue the patient and caregiver identification cards necessary to obtain medical cannabis until July 1, 2019.  

Status of Medical Cannabis program: 
The Office of Medical Cannabis (OMC) remains committed to developing a system for persons with serious health conditions to purchase medical cannabis as originally envisioned by legislation passed in 2017.  Now that a banking solution has been secured, we expect multiple stages of program implementation to occur such as hiring additional staff, continuation of rules implementation, industry build out, registration of certifying providers, and registration of patients, etc.  OMC is committed to a goal of less than two years for patients with a qualifying medical condition being able to procure quality-tested medical cannabis in West Virginia.  

Medical Cannabis permit applications to open December 19:
The OMC will begin accepting permit applications for medical cannabis growers, processors, dispensaries, and laboratories on December 19, 2019.  The announcement of upcoming application availability is the first step in the process of permitting industry applicants. 
A link to the web-based application will be available at www.medcanwv.org beginning at 3:00 p.m. EST, on December 19, 2019.  No paper option will be available. The application period will be open for 60 days, ending on February 18, 2020 at 3:00 p.m. EST.  After February 18, 2020, no additional applications will be accepted.
“This is a key step in the process to make medical cannabis available to West Virginians with serious medical conditions,” said Jason Frame, Director of the West Virginia Office of Medical Cannabis. “We and many others continue to work toward a goal of providing eligible West Virginia residents the ability to procure quality-tested medical cannabis.”
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.
Due to a recent supreme court decision (TENNESSEE WINE AND SPIRITS RETAILERS ASSN. v. RUSSELL F. THOMAS, EXECUTIVE DIRECTOR OF THE TENNESSEE ALCOHOLIC BEVERAGE COMMISSION, ET AL.), the residency requirement referred to by West Virginia Code §16A-6-3 Grant of Permit will not be applied to applicants seeking a West Virginia permit to operate as a medical cannabis organization.

The West Virginia Office of Medical Cannabis seeks written proposals for development of a four hour physician training course as described in Article 3 of the Medical Cannabis Act. All proposals which must be accepted as continuing medical education by both the West Virginia Board of Medicine and the West Virginia Board of Osteopathic Medicine should be submitted by email to medcanwv@wv.gov.
Medical Cannabis Advisory Board Report and Recommendations for the Governor and Legislature 

Pending Legislative Rules

Chapter 16A.      Medical Cannabis Act

64-109   Medical Cannabis Program - General Provisions

64-110   Medical Cannabis Program - Growers/Processors

64-111   Medical Cannabis Program - Laboratories

64-112   Medical Cannabis Program - Dispensaries

64-113   Medical Cannabis Program - Safe Harbor Letter

Frequently Asked Questions
General Information
Patient/Caregiver Information
Growers/Processors/Dispensaries/Laboratories Information
Physician Information
Medical Cannabis Advisory Board Information
Medical Cannabis Advisory Board Members Announced 
Additional Program Questions

Additional Helpful Links
Correspondence from the Office of the State Treasurer (Processing of Funds Relating to Medical Cannabis) (05/10/2018)
Correspondence from the Office of the State Treasurer (Processing of Funds Relating to Medical Cannabis) (03/01/2018)
Jason Frame Selected to Lead West Virginia Office of Medical Cannabis (02/02/2018)
U.S. Department of Justice Enforcement Policy Press Release
U.S. Department of Justice Memo on Enforcement

Medical Cannabis Advisory Board Meeting Documents
West Virginia Medical Cannabis Act & Office Structure Presentation (PowerPoint 8/16)
"Considerations for Issuing Grower, Processor or Dispensary Permits" and "Methods for Assessing Distribution of Serious Medical Conditions and Medical Cannabis Interest Among Physicians and Patients" (PowerPoint 10/11/2017)
Work Group Membership (10/11/2017)
Medical Cannabis: Patient and Physician Interest Survey Results and Data (PowerPoint 12/14/2017)
West Virginia Medical Cannabis:  Patient and Physician Interest Survey and Other Available Data Report (02/06/2018)
West Virginia Medical Cannabis Advisory Board Report and Recommendations (02/22/2018)

Please continue to check this website for additional updates.  To contact this office, please e-mail medcanwv@wv.gov or call (304) 356-5090. 
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