West Virginia Cannabis Regulations

Regulatory Agency: Office of Medical Cannabis (OMC)  ·  Regulations checked: March 26, 2026

Cannabis Landscape Overview

West Virginia legalized medical cannabis in 2017 when Governor Jim Justice signed SB 386, the West Virginia Medical Cannabis Act. The Office of Medical Cannabis (OMC), housed within the Department of Health, oversees the program. After years of regulatory development and licensing delays, the program became operational in 2024 with the first dispensary sales.

As of 2026, West Virginia's program is in its early growth phase with licensed growers, processors, dispensaries, and laboratories serving registered patients. Qualifying conditions include cancer, HIV/AIDS, ALS, Parkinson's disease, multiple sclerosis, PTSD, Crohn's disease, epilepsy, intractable seizures, chronic pain, terminal illness, and neuropathies. Patients may obtain a 30-day supply as determined by their physician. Smokable flower was not initially permitted but subsequent legislative changes have expanded product availability. Home cultivation is not allowed.

Packaging Requirements

General Standards

• All medical cannabis products must be in child-resistant packaging meeting CPSC standards
• Tamper-evident seals required on all containers
• Packaging must be opaque and not reveal the product
• No packaging that is attractive to children or resembles candy, food, or beverages marketed to minors
• Single-dose edible products must be individually packaged

Dispensary Packaging

• Products must be placed in a sealed, opaque exit bag before leaving the dispensary
• Exit bags must include the dispensary name and license number

Labeling Requirements

Mandatory Label Information

• Product name, type, and form
• Grower, processor, and dispensary names and permit numbers
• THC and CBD content per dose and per package
• Net weight or volume
• Batch or lot number for traceability
• Date of manufacture or harvest and expiration date
• Complete ingredient list for processed products
• Allergen information
• West Virginia medical cannabis symbol

Required Warnings

• "For use only by a registered patient with a valid identification card"
• "Keep out of reach of children"
• "May cause impairment—do not drive or operate heavy machinery"
• "Not approved by the FDA"
• "Do not use if pregnant or breastfeeding"

Advertising Rules

West Virginia restricts medical cannabis advertising under the Medical Cannabis Act and OMC regulations. Licensees may not advertise in a manner that targets individuals under 21. No advertising within 500 feet of schools, playgrounds, or child care centers. Television and radio advertising is prohibited. Digital advertising must use age-gating mechanisms. All advertisements must display the licensee's permit number and include a statement that products are for registered patients only. Therapeutic or health claims are not permitted unless approved by the OMC.

Licensing Overview

The OMC issues permits in four categories: grower, processor, dispensary, and laboratory. The number of permits is capped by statute—10 grower permits, 10 processor permits, and up to 100 dispensary permits distributed across state senate districts. Applicants must be West Virginia residents (or entities with majority West Virginia ownership), pass background checks, and demonstrate financial capability and operational expertise. Permit fees are set by the OMC. All permittees must use the state's seed-to-sale tracking system, maintain detailed records, and submit to compliance inspections. Vertical integration is permitted, with entities allowed to hold one permit of each type.

Cannabis Taxes in West Virginia (2026)

West Virginia cannabis businesses collect and remit multiple overlapping taxes. Below is a summary of the rates that apply to retail cannabis sales as of 2026. Regulatory agency: West Virginia Office of Medical Cannabis.

• Excise tax: 10% excise tax on medical cannabis paid by grower/processor (passed through to retail price)
• Sales tax: 6% state sales tax
• Local cannabis tax: No additional local cannabis tax
• Medical exemption: West Virginia is medical-only; qualifying patients pay 6% state sales tax plus the built-in grower/processor excise
• Effective combined rate: ~16% medical combined (including pass-through excise)

The 10% excise is paid upstream by growers/processors rather than at the point of sale to patients.

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