Overview
On April 19th, 2017, Gov. Jim Justice signed Senate Bill 386 – which was then amended on May 20, 2019, into Senate Bill 1037 – allowing for the medicinal use of cannabis for qualifying patients 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 unless dry leaf or plant forms become acceptable under rules adopted by the Bureau for Public Health; tincture; liquid; or dermal patch. The Bureau of Public Health is tasked with regulating the Act, including the development of the program’s rules and regulations for medical cannabis growers, processors, and dispensaries.
Types of WV Medical Cannabis Businesses
Growers
The state shall award up to 10 grower permits (with up to two locations per permit). There will be a nonrefundable $5,000 application fee and a $50,000 registration fee required during the submission of the application that shall be refunded if the permit is not awarded. The Bureau may not issue more than one individual grower or processor permit to one person.
Processors
The state shall award up to 10 processor permits. There will be a nonrefundable $5,000 application fee and a $50,000 registration fee required during the submission of the application that shall be refunded if the permit is not awarded. The Bureau may not issue more than one individual grower or processor permit to one person.
Dispensaries
The state shall award no more than 100 dispensary permits. The bureau may not issue more than two 10 individual dispensary permits to one person. Applicants will pay $2,500 per dispensary application and a registration fee of $10,000 for each dispensary location, that will be refunded if the permit is not awarded.
Regulating Departments
The Bureau of Public Health is in the early stages of the development of the program. Emergency Regulations for the program have been filed with the WV Secretary of State as outlined in the below hyperlinks. These rules will explain the program’s operation, including how applications for business licenses are to be submitted by growers/processors, dispensaries, patients and caregivers, and physicians.