West Virginia: Medical Marijuana Handbook

West Virginia:

West Virginia Marijuana Tax Rate

Sales Tax Medical Excise Tax Medical Max Medical Tax Sales Tax Recreational Excise Tax Recreational Max Recreational Tax
N/A 10.00% 10.00% N/A N/A N/A

2024 West Virginia Medical Marijuana Handbook

West Virginia has 5 bordering states consisting of Kentucky, Maryland, Ohio, Pennsylvania, and Virginia.

Medical marijuana is legal in Maryland , but there is no cannabis sales tax on it. There is no cannabis excise tax charged on medical marijuana in Maryland.

Medical marijuana is legal in Ohio and is subject to a cannabis sales tax of 5.75%. There is no cannabis excise tax charged on medical marijuana in Ohio.

Medical marijuana is legal in Pennsylvania , but they choose not to tax medical marijuana. There is, however, a 5% cannabis excise tax on all sales of medical marijuana in Pennsylvania.

Medical marijuana is legal in Virginia and is subject to a cannabis sales tax of 5.30%. There is no cannabis excise tax charged on medical marijuana in Virginia.

Medical Marijuana is illegal in Kentucky, so there is no tax on medical marijuana in those states.

About West Virginia Medical Marijuana

Is medical marijuana legal in West Virginia?

Yes, medical marijuana is legal in West Virginia

When and how did West Virginia legalize marijuana for medical use?

West Virginia legalized medical marijuana in 2017. This law was passed using Senate Bill 386 . The official name for this law is the The Medical Cannabis Act

West Virginia Medical Marijuana possession limits


  • 30-day supply but only when patient has a 7-day supply left


  • N/A

Is it legal to grow marijuana for medicinal use at home in West Virginia?

No, medical marijuana patients are not allowed to grow marijuana for medicinal use a home.

Are there medical dispensaries available to patients?

Yes, as long as the patient presents the appropriate documentation for West Virginia.

Medical marijuana may only be dispensed in infused pills, oils, topical form (including gels, creams, and ointments), liquids, tinctures, or dermal patches. It may also be dispensed in a form medically appropriate for administration by vaporization or nebulization. It cannot be dispensed in dry leaf or plant form as of now.

Is there a list of specific conditions for medical marijuana in West Virginia?

  • Amyotrophic lateral sclerosis
  • Cancer
  • Crohn’s disease
  • Epilepsy
  • Huntington’s disease
  • Intractable seizures
  • Multiple sclerosis
  • Neuropathies (chronic nerve pain)
  • Parkinson’s disease
  • Post-traumatic stress disorder
  • Severe chronic or intractable pain
  • Spinal cord damage
  • Sickle cell anemia.
  • Terminal illness with a life expectancy of one year or less

The list above, and more detailed information on it, can be found in the West Virginia medical marijuana law

Does West Virginia have a medical registry system or ID card?

Yes, West Virginia keeps track of their medical marijuna patients.

Medical cannabis can only be dispensed to a patient or caregiver with a valid identification card. There is a $50 processing fee per application but this can be waived if the applicant proves that they cannot afford the fee. Cards are valid for one year unless the medical professional specifies that the person can obtain medical marijuana through a specific earlier date.

Does West Virginia recognize patients from other states?

No, West Virginia does not recognize patients from any state.

Are there any age restrictions for medical marijuana in West Virginia?

At least 18 years of age with a qualifying condition

Extra Resources

** This Document Provided By SalesTaxHandbook **
Source: http://www.salestaxhandbook.com/west-virginia/marijuana/medical