Update: The implementation of the West Virginia Medical Cannabis Program and licensing of medical cannabis businesses has been on hold while the state sought out banking solutions for their proposed medical cannabis businesses. Recently, a bill passed to amend the situation. Read our latest blog regarding West Virginia for an update on the state's program rollout.
West Virginia Medical Cannabis Program Overview
Governor Jim Justice signed Senate Bill 386, known as the Medical Cannabis Act, on April 19, 2017, making the medicinal use of marijuana for qualifying patients legal in West Virginia. Patients will be able to obtain medical cannabis in the following forms: pill, oil, topical forms including gels, creams, or ointments, a form medically appropriate for administration by vaporization or nebulization, tincture, liquid, or dermal patch.
Types of Permits Available:
- Grower’s Permit – Up to 10 permits to be issued by the state.
- Processor’s Permit – Up to 10 permits to be issued by the state.
- Dispensary Permit – Up to 30 permits to be issued by the state.
Still not sure which permit you’d like to apply for? Read our blog for information on each business permit available in West Virginia.
April 19, 2017 – S.B. 386 was signed into law
By December 2017 – Emergency Rules established
By First Quarter of 2018 – Bureau shall begin accepting applications for marijuana businesses
If you are planning on applying for a West Virginia Dispensary Permit, there’s a bit of information you’ll need to have prepared in order to submit your application.
How to Obtain a West Virginia Dispensary Permit
Individuals wanting to obtain a West Virginia Dispensary Permit must submit an application which includes the following:
- Verification of all principals, operators, financial backers or employees of a medical cannabis grower/processor or dispensary.
- A description of responsibilities as a principal, operator, financial backer or employee.
- Any release necessary to obtain information from governmental agencies, employers and other organizations.
- A criminal history record check.
- Details relating to a similar license, permit or other authorization obtained in another jurisdiction, including any suspensions, revocations or discipline in that jurisdiction.
- A description of the business activities in which it intends to engage as a medical cannabis organization. The application for a Dispensary Permit will require specific business plans including, but not limited to, the following:
- Employment policies and procedures.
- See our Employee Manual Template
- Security policies and protocols
- See our Security Plan Template
- A process for receiving, packaging, labeling, handling, tracking, transporting, storing, disposing, returning, and recalling products containing medical cannabis in accordance with all applicable laws, rules and regulations
- See our Product Safety Plan Template
- Maintenance and sanitation of the site or the facility, or both.
- Inventory maintenance and reporting procedures
- See our Inventory Control Plan Template
- Employment policies and procedures.
- A statement that the applicant:
- Is of good moral character.
- Possesses the ability to obtain in an expeditious manner the right to use sufficient land, buildings and other premises and equipment to properly carry on the activity described in the application and any proposed location for a facility.
- Is able to maintain effective security and control to prevent diversion, abuse and other illegal conduct relating to medical cannabis.
- Is able to comply with all applicable State laws and rules relating to the activities in which the applicant intends to engage under this act.
- The name, residential address, and title of each financial backer and principal of the applicant.
- Any other information the Bureau of Public Health may require.
Additionally, applicants must submit the required fees with their permit application. The required fees include a non-refundable application fee of $5,000; and a permit fee of $50,000, which is refundable if the permit is not awarded to the applicant.
Interested In Starting A Medical Cannabis Business In West Virginia?
It’s best to use this time to better prepare yourself for when the state makes applications for medical marijuana business licenses available.
To educate yourself more on the application process and start drafting your application, download our West Virginia Marijuana Business Starter Package, which includes:
- An Informational Overview of West Virginia’s pending medical marijuana laws
- An Application Guide and Checklist which gives a detailed summary and checklist of all action items you’ll need to complete before submitting your application
- A Business Plan Template to help you start drafting the required plans and executive summary for your business
- A Financial Plan Template to give you and your investors a comprehensive 3-year projection of what you can possibly expect when selling marijuana