How to Qualify for Medical Marijuanas in WV In 2024 in 3 Easy Steps

Photo by Nils Huenerfuerst

Is Medical Marijuana Legal In West Virginia?

Yes, currently medical marijuana is legal for cardholding patients who have one of the qualifying conditions approved for a medical marijuana prescription. Most states including West Virginia decide which medical diagnoses are appropriate for cannabis as treatment. When applying for your West Virginia medical marijuana card a doctor will check for a diagnosis for one of these conditions.

Recreational cannabis is currently not legal, however, it is a political hot topic and factoring into the 2024 election. This post will focus on the current state of cannabis law, explore those qualifying conditions, explain how to qualify for your medical marijuana card, and give you a clearer picture of the laws at work in West Virginia.

Let’s start by diving into the legal history of cannabis law in West Virginia including any changes on the horizon.

 

West Virginia Medical Marijuanas Laws

In 2015, Senate Bill 546 and House Bill 2909 both attempted to start the ball rolling with medical marijuana legalization. They failed to push the needle forward with legalizing medical marijuana. It would not be until 2017 when Senate Bill 386 would get passed creating the West Virginia Medical Cannabis Act.

Governor Jim Justice signed this into law on April 19, 2017, and it went into effect in July 2018 but would not be legally implemented until July 1, 2019.

In 2024 House Bill 4005 was introduced to legalize edibles in West Virginia but it’s currently dead. Additionally, House Joint Resolution 3 is on the docket for the legalization of recreational cannabis in West Virginia. If you’re wanting recreational legalization this is an important voting year for this issue.

Understanding the law is vital for not only legally using cannabis but also to implement change by voting on cannabis in your state. For example, there is a process for petitioning to add new qualifying conditions. Additionally, cannabis sales in a state can introduce a whole new income stream to the state.

Speaking of cannabis law, let’s review the legal requirements for your medical marijuana card and any legal limitations.

West Virginia Medical Marijuana Card Requirements & Limitations:

There are some requirements to qualify for your medical marijuana card in West Virginia. Here’s what you need when applying for your medical marijuana card:

• A Photo For Your Id
• Photo Id For Proof
• Proof Of Residence
• Certification From A State Approved Physician

Green Health Docs has state-approved physicians on deck to provide you with your recommendation. We’ll elaborate on this process and more information about these requirements later in this post.

There are also limitations for medical marijuana. Currently, the only forms of cannabis available to West Virginia medical marijuana patients are:

• Pill
• Oil
• Topical Forms including gels, creams, and ointments
• Dry Leaf or “Flower” for vaporization or nebulization
• Tinctures
• Liquids
• Dermal patches

Currently, edibles remain illegal in West Virginia. Also, while you can purchase flower it remains illegal to smoke weed in West Virginia and non-medical use also remains illegal.

West Virginia Medical Marijuana Qualifying Conditions

According to West Virginia medical marijuana law, cannabis is only available to patients diagnosed with “serious medical conditions” that are determined by state law to be eligible for a prescription. These conditions are:

• Cancer
• HIV/AIDS
• Amyotrophic Lateral Sclerosis (ALS)
• Parkinson’s Disease
• Multiple Sclerosis
• Damage to the Nervous Tissue of the Spinal Cord with Objective Neurological Indication of Intractable Spasticity
• Epilepsy
• Neuropathies
• Huntington’s Disease
• Crohn’s Disease
• Post-Traumatic Stress Disorder (PTSD)
• Intractable Seizures
• Sickle Cell Anemia
• Severe Chronic or Intractable Pain of Neuropathic Origin or Severe Chronic or Intractable Pain
• ​Terminal Illness that is Defined as a Medical Prognosis of Life Expectancy of Approximately 1 Year or Less if the Illness Runs its Normal Course​

How To Apply For A Medical Marijuanas Card In WV

Getting your medical marijuana card in West Virginia is simple thanks to Green Health Docs. Here’s how to get started.

1. Schedule Your Appointment

You can fill out this form or call or text us 240-356-1000 to make an appointment. Appointments are available the same day.

2. Talk With Your Doctor

Meet with your doctor to discuss your condition and they can see if you qualify for a medical marijuana card.

3. Sign Up To Get Your Card

If approved, you’ll receive your written certification within 24-48 hours which you can then use to apply online.

• Register on the state website
• Verify the account via the link sent to your email
• Complete the application in the registration portal (MyComplia)
• Submit your payment via mail (check or money order) or online payment option available with personal checking account information. A financial hardship waiver is available to be requested for people whose income qualifies.

You have to renew your WV medical marijuana card in a year.

Photo by Tuan Nguyen

West Virginia Medical Marijuana Card FAQs

Here are a few common questions about medical marijuana in West Virginia.

What Is Required For A West Virginia Medical Marijuana Card?

To review here are the requirements for a West Virginia card. You’ll need to provide the right documentation as outlined here.

You’re required to provide:

• Digital photo of passport quality
• Photo ID, such as a copy of your driver’s license, passport, or state ID.
• Proof of West Virginia residency. A list of appropriate proof of residency documents can be found here.
• Physician Certification from a state-certified physician.

Does WV Medicaid Cover Medical Marijuanas?

West Virginia’s medicaid does not currently cover medical marijuana. The federal status of cannabis as a Schedule 1 substance means that federal programs like Medicaid cannot cover medical marijuana even if it is legal.

Does West Virginia Accept Out-Of-State Medical Marijuana Cards?

West Virginia does allow for reciprocity under specific conditions but does not have any reciprocity agreements.

According to the West Virginia Medical Marijuana Act §16A-3-5 the state may enter into reciprocity agreements with states with similar laws but this is only in the case of terminally ill cancer patients.

When Will Medical Marijuana Dispensaries Open In West Virginia?

Currently, dispensaries are open. Here’s a full list of medical marijuana dispensaries in West Virginia. The first medical marijuana dispensary opened in November 2021. Recreational cannabis is to be voted on in the 2024 election. If it does pass, it could take years because the state will have to field applications for dispensary, cultivation, licenses and implement the laws if they pass.

Final Thoughts

West Virginia residents will be able to vote on recreational cannabis. Time will tell if it passes. However, if you qualify for your medical marijuana card it may make more sense to apply. This can help you save money on any potential taxes while also ensuring you get your medicine in a timely manner.

Getting your medical marijuana card in West Virginia can be seamless thanks to Green Health Docs. You can use this website to find a doctor and get your recommendation process sorted within 24 hours. Additionally, we will continue to keep you abreast of legal changes to West Virginia state laws.

 

This article has been reviewed by Dr. Anand Dugar, an anesthesiologist, pain medicine physician and the founder of Green Health Docs. Graduating from medical school in 2004 and residency in 2008, Dr. Dugar has been a licensed physician for almost 20 years and has been leading the push for medical cannabis nationwide.