West Virginia

West Virginia Green Check Verified

Programs

Dispensaries

Geography

  • Pennsylvania – Medical Only
  • Maryland – Medical Only
  • Virginia – Medical & Adult Use (in progress)
  • Kentucky – None
  • Ohio – Medical Only

Regulatory Agency


Financial Institutions

  • Banks: 46
  • Credit Unions: 85

Chapter 16A Medical Cannabis Act

(13) “Financial institution” means a bank, a national banking association, a bank and trust company, a trust company, a savings and loan association, a building and loan association, a mutual savings bank, a credit union, or a savings bank.

Chapter 16A. Medical Cannabis Act. Article 2 – Definitions, Sec.16A-2-1. Definitions

West Virginia Code: §12-1-14. Banking Services for Medical Cannabis.

(a) The Legislature finds and declares that the inability to provide banking services needed to collect and remit the fees, penalties, and taxes authorized under the West Virginia Medical Cannabis Act has delayed the implementation and is precluding access by the patients potentially eligible to be prescribed medical cannabis and investment by the persons and entities interested in providing services under the Act. The purpose of this section is to provide a solution to the banking problems encountered by the state in connection with the Act.

West Virginia’s Official Cannabis Banking Services Provider

Element Federal Credit Union

Licenses

  • Growers
  • Processors
  • Dispensaries

§16A-6-13. Limitations on permits.

The following limitations apply to approval of permits for growers, processors, and dispensaries, subject to the limitations in subsection (b) of this section:

  1. The bureau may not issue permits to more than 10 growers: Provided, That each grower may have up to two locations per permit.
  2. The bureau may not issue permits to more than 10 processors.
  3. The bureau may not issue permits to more than 100 dispensaries.
  4. The bureau may not issue more than 10 individual dispensary permits to one person.
  5. The bureau may not issue more than one individual grower permit to one person.
  6. The bureau may not issue more than one individual processor permit to one person.
  7. A dispensary may only obtain medical cannabis from a grower or processor holding a valid permit under this act.
  8. A grower or processor may only provide medical cannabis to a dispensary holding a valid permit under this act.
  9. A person may hold a grower permit, a processor permit, and a dispensary permit, or any combination thereof, concurrently.

Approved Forms of Cannabis (§16A-2-1. Definitions.)

Subject to rules promulgated under this act, medical cannabis may only be dispensed to a patient or caregiver in 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 until dry leaf or plant forms become acceptable under rules adopted by the bureau;
  • Tincture;
  • Liquid; or
  • Dermal patch.

Unless otherwise provided in rules adopted by the bureau under section two, article eleven of this chapter, medical cannabis may not be dispensed to a patient or a caregiver in dry leaf or plant form.

§64-112-5. Limitations on dispensing.

5.1. A dispensary may not dispense to a patient or caregiver:

5.1.a. A quantity of medical cannabis greater than the amount indicated on the patient’s certification, if any.

5.1.b. A form or dosage of medical cannabis that is listed as a restriction or limitation on the patient certification.

5.1.c. A form of medical cannabis not permitted by the Act or this rule […]

5.2. A dispensary may not dispense an amount of medical cannabis greater than a 30-day supply to a patient or caregiver until the patient has exhausted all but a seven-day supply provided pursuant to the certification currently on file with the bureau.

https://apps.sos.wv.gov/adlaw/csr/readfile.aspx?DocId=53209&Format=PDF

§16A-7-5. Prices.

The bureau and the Department of Revenue shall monitor the price of medical cannabis sold by growers, processors and by dispensaries, including a per-dose price. If the bureau and the Department of Revenue determine that the prices are unreasonable or excessive, the bureau may implement a cap on the price of medical cannabis being sold for a period of six months. The cap may be amended during the six-month period. If the bureau and the Department of Revenue determine that the prices become unreasonable or excessive following the expiration of a six-month cap, additional caps may be imposed for periods not to exceed six months.

Contacts:

Phone:
304-356-5090
Fax:
304-558-0035

Questions can also be emailed to:
medcanwv@wv.gov

West Virginia Division of Financial Institutions
https://dfi.wv.gov/Pages/default.aspx

West Virginia Division of Financial Institutions
900 Pennsylvania Avenue
Suite 306
Charleston, WV 25302

Phone
(304) 558-2294
Fax
(304) 558-0442

Institutions
https://dfi.wv.gov/banking/insitutions/Pages/default.aspx
Deposit Cap Calculation
25% Deposit Cap Limitation