West Virginia Cannabis Software

West Virginia Cannabis License Types

West Virginia operates a medical-only cannabis program established by Senate Bill 386, signed into law on April 19, 2017, as the West Virginia Medical Cannabis Act. Recreational cannabis remains illegal in the state. The program is codified under West Virginia Code Chapter 16A and administered by the West Virginia Department of Health, Bureau for Public Health, Office of Medical Cannabis (OMC), located in Charleston. All permit holders are referred to as medical cannabis organizations under state law, and the terms "permit" and "license" are used interchangeably in practice the statute uses "permit" throughout.

West Virginia's program authorizes four permit types: grower, processor, dispensary, and independent testing laboratory. All medical cannabis organizations are required to maintain an electronic inventory tracking system that is directly accessible to the Bureau through its electronic database, per WV Code §16A-7-1. For growers and processors, this system must function as a full seed-to-sale tracker from plant origin through sale to a dispensary. For dispensaries, the system must track cannabis from purchase through sale to each individual patient or caregiver and must verify identification card validity at the point of every transaction.

Important Application Status Note: The OMC ceased accepting permit applications for growers, processors, and dispensaries on February 18, 2020. No additional grower, processor, or dispensary applications are being accepted at this time. Only applications for independent testing laboratories continue to be accepted. Existing permit holders may renew their permits pursuant to the procedures in WV Code §16A-6-6.

Grower Permit

A grower permit authorizes a medical cannabis organization to cultivate, harvest, and process medical cannabis plants for sale to licensed processors and dispensaries. Growers may also obtain seed and plant material from other in-state grower/processor permit holders. Under WV Code Chapter 16A, growers may not source seeds or plant material from out-of-state operations.

West Virginia law requires that all cannabis cultivation take place in an indoor, enclosed, secure facility. Outdoor cultivation is not permitted under any circumstances. Grower facilities must include electronic locking systems, electronic surveillance systems, and any other security features required by the Bureau under OMC regulations at 64CSR111. The Bureau may require motion-activated video surveillance, and recordings must be retained on-site or off-site for a period not to exceed 180 days, unless a longer retention period is required for investigative or litigation purposes.

Under WV Code §16A-6-4, the Bureau may issue a maximum of ten grower permits statewide. All ten original grower permits were filled during the 2020 application process, and the program is not accepting new grower applications.

The non-refundable application fee for a grower permit is $5,000. The annual permit fee is $50,000, which is submitted with the application and returned if the permit is not granted. The renewal fee is $5,000, covering all locations, and is also returned if renewal is not granted. Renewal applications must be filed with the Bureau no more than six months and no less than four months prior to permit expiration. All fees under WV Code §16A-6-6 must be paid by certified check or money order no other payment methods are accepted.

All grower permits are nontransferable. A permit amendment fee of $250 applies when amending a permit to indicate relocation within the state or the addition or deletion of approved activities.

Processor Permit

A processor permit authorizes a medical cannabis organization to acquire cannabis from licensed growers and manufacture it into finished medical cannabis products for sale to licensed dispensaries. Processors produce the forms of cannabis that patients are authorized to use, including oils, tinctures, topical preparations, vaporization products, dry leaf, liquid preparations, dermal patches, and following 2021 amendments to the Medical Cannabis Act edible cannabis products sold through licensed dispensaries.

Like growers, processors may only operate in indoor, enclosed, secure facilities with electronic locking systems, electronic surveillance, and other OMC-required security features. Processors must contract with an OMC-approved independent testing laboratory to test all cannabis produced. Testing is required at harvest and at final processing stages before any product may be transferred to a dispensary. The laboratory must report test results electronically through the seed-to-sale tracking system in a manner prescribed by the Bureau.

The Bureau may issue a maximum of ten processor permits statewide. As with growers, all permits were awarded during the initial 2020 application process, and no new processor applications are being accepted.

The non-refundable application fee for a processor permit is $5,000. The annual permit fee is $50,000, submitted with the application and returned if not granted. The renewal fee is $5,000, returned if renewal is not granted. Renewal must be filed between four and six months before expiration, and all fees must be paid by certified check or money order. Processor permits are nontransferable.

Vertical Integration: Since the passage of SB 1037 in 2019, West Virginia permits vertical integration a single organization may hold both a grower or processor permit and one or more dispensary permits. A majority of West Virginia's active medical cannabis operators have taken advantage of this structure, establishing integrated supply chains from cultivation through retail dispensing. Vertical integration was not authorized under the original 2017 act.

Dispensary Permit

A dispensary permit authorizes a medical cannabis organization to acquire cannabis and cannabis products from licensed growers and processors and dispense them directly to registered patients and caregivers. A dispensary may only dispense to a patient or caregiver upon presentation of a valid identification card issued by the Bureau. Before dispensing, the dispensary must verify the patient's or caregiver's identification card using the electronic tracking system and confirm that the dispensing would not exceed any limitations set by the certifying practitioner on the form of cannabis authorized for that patient.

A dispensary may not dispense a form of cannabis that the patient's certifying practitioner has prohibited or not authorized. This requirement means dispensaries must actively verify at the point of sale that the product form whether oil, tincture, edible, vaporization product, dry leaf, or other is consistent with the practitioner's written certification. Dispensing a prohibited form is a violation of the Medical Cannabis Act.

Dispensaries are limited to dispensing no more than a 30-day supply in a single transaction, until the patient has exhausted all but a seven-day supply of a prior dispensing. Prior to each dispensing transaction, the dispensary must file receipt information with the Bureau through the electronic tracking system. The receipt must include the dispensary's name, address, and Bureau-assigned identification number; the patient's and caregiver's name and address; the form and quantity of cannabis dispensed; and any practitioner requirements or limitations. Each dispensary must post a copy of its permit in a location that is easily observable by patients, caregivers, law enforcement officers, and Bureau agents.

Under WV Code §16A-6-4, the Bureau may issue a maximum of 100 dispensary permits statewide. The Bureau determines the geographic distribution of permits based on considerations including population and access, and may adjust dispensary boundaries every two years with notice published in the State Register. Counties may also pass ordinances through a vote of county residents prohibiting the operation or location of medical cannabis organizations within their boundaries. Any such prohibition remains in effect unless changed by a subsequent county vote. Operators must confirm the ordinance status of their target county before committing to a dispensary location.

The non-refundable application fee for a dispensary permit is $2,500. The annual permit fee is $10,000 per location, submitted with the application and returned if not granted. The renewal fee is $2,500, covering all locations, and is returned if renewal is not granted. Renewal must be filed between four and six months before expiration. All fees must be paid by certified check or money order. Dispensary permits are nontransferable.

Independent Testing Laboratory

An independent testing laboratory permit authorizes a facility to test cannabis and cannabis products on behalf of licensed growers and processors. All growers and processors are required by WV Code Chapter 16A to contract with a Bureau-approved independent laboratory. Testing is mandatory at two stages: at harvest and at final processing. No cannabis product may be transferred to a dispensary without passing required testing.

Under OMC regulations at 64CSR111, an approved cannabis testing laboratory must employ at least one qualified director to supervise collection, handling, and testing operations, and must maintain standard operating procedures approved by the body that issued the laboratory's certificate of accreditation. Laboratories must be capable of generating a certificate of analysis (COA) for each process lot, harvest lot, or harvest batch at the grower's or processor's request. All test results must be reported electronically through a seed-to-sale tracking system accessible to both the grower or processor whose cannabis was tested and to the Bureau.

Following 2022 legislation, the total number of testing laboratory permits in West Virginia is limited to two. As of late 2025, both laboratory permits are active. Unlike the other permit types, the OMC continues to accept laboratory applications, though the two-permit cap limits availability.

Application Process and Fees

Applications for grower, processor, and dispensary permits are currently closed. The OMC accepts laboratory applications on an ongoing basis, subject to the two-permit statutory cap. When applications were open, they were submitted directly to the Office of Medical Cannabis in a form and manner prescribed by the Bureau, and were evaluated through a scored, numerical review process designed to assess operational readiness, financial capacity, security planning, and regulatory compliance.

The application package required by WV Code §16A-6-5 includes verification of all principals, operators, financial backers, and employees; a description of each person's responsibilities; all releases necessary for the Bureau to conduct background investigations; a criminal history record check; and an affidavit of capital adequacy demonstrating that the applicant has sufficient financial resources to establish and operate the facility. Applicants must demonstrate the ability to obtain land, buildings, and equipment in an expeditious manner and to implement and maintain security, tracking, recordkeeping, and surveillance systems.

A continuing duty to report applies to all permit holders. Any change in facts or circumstances reflected in the original application including changes in principals, financial backers, or approved activities must be reported to the Bureau promptly. Failure to report changes is grounds for permit action. An amendment fee of $250 applies for permitted amendments such as relocation within the state or the addition or deletion of approved activities.

Compliance Requirements

Electronic Inventory Tracking: Per WV Code §16A-7-1, every medical cannabis organization must implement an electronic inventory tracking system directly accessible to the Bureau. Growers and processors must track cannabis from seed through plant to final sale to a dispensary. Dispensaries must track all cannabis from purchase through dispensing to each patient or caregiver, including verification of identification card validity. All organizations must maintain a daily log recording beginning inventory, acquisitions, amounts purchased and sold, disbursements, disposals, and ending inventory. Quarterly reports must be submitted to the Bureau and compiled for public posting on the Bureau's website.

Security Requirements: All grower and processor facilities must be indoor, enclosed, and secure, with electronic locking systems and electronic surveillance. The Bureau may require motion-activated surveillance coverage of all areas where cannabis is present, with recordings retained on-site or off-site for up to 180 days. Transportation between organizations must comply with OMC rules covering shipping containers, vehicle security, numbered trailer seals, driver documentation, and tracking of all in-transit cannabis movements.

Employee Disqualification and Background Checks: Under WV Code Chapter 16A, no individual may hold any position paid or volunteer with a medical cannabis organization if they have been convicted of any felony criminal offense related to the sale or possession of illegal drugs, narcotics, or controlled substances. For dispensaries, the Bureau may grant waivers for otherwise disqualified individuals, subject to any additional restrictions the Bureau determines appropriate. No comparable waiver provision exists for grower or processor positions. All principals, operators, financial backers, and employees are subject to criminal history record checks.

Taxation: Under WV Code Chapter 16A, Article 9, a 10% privilege tax is imposed on the gross receipts of every dispensary from the sale of medical cannabis to patients and caregivers. The tax rate applies to total gross receipts without any deduction for business costs. Critically, the statute prohibits dispensaries from adding this tax as a separate charge or line item on any sales receipt, invoice, or other documentation provided to patients the tax must be absorbed into the product price. The tax is remitted quarterly via electronic payment, and any dispensary ceasing operations must immediately pay all outstanding tax obligations. Tax revenues are deposited into the Medical Cannabis Program Fund.

Product Advertising: The Bureau restricts advertising and marketing of medical cannabis consistent with federal rules governing prescription drug advertising and marketing. The OMC's Marketing Approval Policy applies to all industry organizations and requires advance OMC review for marketing materials.