West Virginia
West Virginia became the 29th medical-cannabis state when Governor Jim Justice signed the Medical Cannabis Act (SB 386) on April 19, 2017. The first legal sale did not occur until November 12, 2021 — an implementation lag of 1,668 days, roughly four and a half years from enactment to a single dispensed product. There is no adult-use program, no home cultivation, and no decriminalization of non-medical cannabis. The program runs under statutory permit caps of 10 growers, 10 processors, and 100 dispensaries. As of October 31, 2025, 9 growers and 9 processors were operational, and 64 of 76 listed dispensary permits carried an operational date. The operating dispensary base works out to 3.62 dispensaries per 100,000 residents and 5.08 operating growers per million residents. The state recorded 35,394 active patients as of October 31, 2025, up from 28,585 in November 2023. The average price of flower sold in dispensaries was $7.14 per gram in October 2025, down from an $8.03 peak in July 2024. The dispensable product menu is narrow: smoking is prohibited and dispensaries may not sell cannabis in edible form. A 10 percent privilege tax on dispensary gross receipts, embedded in the shelf price, is the only cannabis-specific levy and has not changed since enactment.
Licensing & Market
West Virginia's Medical Cannabis Act sets permit caps of 10 growers, 10 processors, and 100 dispensaries (WV Code 16A-6). As of October 31, 2025, 9 growers and 9 processors were operational. Of 76 dispensary permits listed in the 2025 Biennial Report, 64 carried an operational date — an activation rate of 84.2 percent on the listed-permit base; the remaining 12 were permitted but not yet open. The state does not separately publish a count of grower permits awarded but not operational, so an awarded-versus-operational grower gap cannot be stated. There are 5.08 operating growers per million residents and 3.62 operating dispensaries per 100,000 residents. Vertical integration is permitted: common ownership of grower, processor, and dispensary permits is allowed and is used by the operating multistate operators, subject to the per-category caps. No owner-residency requirement applies, and the operating permittees are out-of-state multistate operators including Trulieve, Verano, Columbia Care, and Holistic. The grower and processor application fee is $5,000, with a $50,000 one-year permit fee and a $5,000 annual renewal; the dispensary application fee is $2,500, with a $10,000 per-location annual permit fee and a $2,500 annual renewal. The state tracks product through Metrc.
| Field | Value | Source |
|---|---|---|
| Cultivator licenses awarded | Not available in the public record | — |
| Cultivator licenses operational | 9 | [8] |
| Cultivator activation rate | Not available in the public record | — |
| Operating cultivators per million | 5.08 | [9] |
| Retail licenses awarded | 76 | [10] |
| Retail licenses operational | 64 | [11] |
| Retail activation rate | 84.2% | [12] |
| Dispensaries per 100k | 3.62 | [13] |
| Vertical integration | allowed with restrictions | [14] |
| License caps exist | Yes | [15] |
| Licenses transferable | Not available in the public record | — |
| Residency required | No | [16] |
| Residency duration (months) | Not available in the public record | — |
| Municipalities allowing | Not available in the public record | — |
| Municipalities total | Not available in the public record | — |
| Municipal opt-in rate | Not available in the public record | — |
| Track-and-trace system | Metrc | [17] |
| Cultivator application fee | $5,000 | [18] |
| Cultivator annual fee | $50,000 | [19] |
| Retail application fee | $2,500 | [20] |
| Retail annual fee | $10,000 | [21] |
Consumer Rules
Patient access is keyed to a 30-day supply rather than a fixed possession ounce limit, and the state publishes no per-transaction flower, concentrate, or edible purchase cap. Home cultivation is not permitted; growing cannabis without a bureau permit remains unlawful under WV Code 16A-3-3(b)(3). The dispensable product menu is restricted by statute: smoking medical cannabis is prohibited and dispensaries may not sell cannabis in edible form (WV Code 16A-3-3(b)(1)-(2)). Permitted dispensed forms are limited to pill, oil, topical, a form medically appropriate for vaporization or nebulization, tincture, liquid, and dermal patch (WV Code 16A-3-2(a)(2)); dry leaf is dispensable only as authorized by bureau rule for vaporization. A patient or caregiver may incorporate medical cannabis into edible form for the patient's own ingestion (WV Code 16A-3-3(c)). There is no licensed commercial delivery channel, though caregivers designated under WV Code 16A-5 may transport medical cannabis to their patients. Consumption lounges are not authorized; no on-site or social-consumption license category exists under WV Code 16A.
| Field | Value | Source |
|---|---|---|
| Home grow allowed | No | [22] |
| Home grow plant limit | Not available in the public record | — |
| Possession limit (oz) | Not available in the public record | — |
| Delivery legal | No | [23] |
| Delivery operational | No | [24] |
| Consumption lounges legal | No | [25] |
| Consumption lounges count | 0 | [26] |
| Purchase limit, flower (oz) | Not available in the public record | — |
| Purchase limit, concentrate (g) | Not available in the public record | — |
| Purchase limit, edibles (mg) | Not available in the public record | — |
| All product forms legal | No | [27] |
| Restricted product forms | Smoking medical cannabis is prohibited and dispensaries may not sell cannabis in edible form (WV Code 16A-3-3(b)(1)-(2)). Permitted dispensed forms are limited to: pill; oil; topical (gel/cream/ointment); a form medically appropriate for vaporization or nebulization; tincture; liquid; and dermal patch (16A-3-2(a)(2)). Dry leaf/plant form is prohibited except as authorized by bureau rule for vaporization. A patient or caregiver may incorporate medical cannabis into edible form for the patient's own ingestion (16A-3-3(c)). | [28] |
Taxation
West Virginia levies a single cannabis-specific tax: a 10 percent privilege tax on the gross receipts a dispensary receives from sales of medical cannabis to a patient or caregiver (WV Code 16A-9-1(b)). The statute bars the tax from appearing as a separate line item on the consumer's receipt, so it is embedded in the shelf price rather than added at the register. There are no THC-potency tiers and no authorized local cannabis tax. Medical cannabis is not tax-exempt — it carries the full 10 percent privilege tax. The rate has not changed since the 2017 Medical Cannabis Act. Whether the state's general consumer sales tax applies on top of the privilege tax could not be established from a primary source and is left unstated. No full-year cannabis tax revenue figure is published in the public record. The only public revenue figure is cumulative: roughly $34 million in privilege tax, licensing fees, and interest collected from the first sale in November 2021 through October 2025, reported by the West Virginia State Treasurer's Office through press accounts. Those funds were held unspent in the Medical Cannabis Program Fund as of that reporting.
| Field | Value | Source |
|---|---|---|
| Excise tax | 10% | [29] |
| Excise tax type | per price | [30] |
| Sales tax | Not available in the public record | — |
| Wholesale tax | Not available in the public record | — |
| Potency tax exists | No | [31] |
| Potency tax, flower | Not available in the public record | — |
| Potency tax, concentrate | Not available in the public record | — |
| Potency tax, edibles | Not available in the public record | — |
| Local tax (max) | Not available in the public record | — |
| Local tax (typical) | Not available in the public record | — |
| Total effective rate | 10% | [32] |
| Medical tax exempt | No | [33] |
| Medical tax rate | 10% | [34] |
| Annual tax revenue | Not available in the public record | — |
| Tax revenue per capita | Not available in the public record | — |
| Tax changed since legalization | No | [35] |
| Tax direction | unchanged | [36] |
Operator Data
The average price of flower sold in West Virginia dispensaries was $7.14 per gram in October 2025, which converts to $202.42 per ounce. That price is down from an $8.03 per-gram peak in July 2024 and from $8.43 in October 2023; the trend over the period reported by the Office of Medical Cannabis is declining. Nine growers and nine processors were operational as of October 31, 2025, against statutory caps of 10 each. The state publishes no public wholesale price index, so wholesale-level price compression and operator margins cannot be quantified from public records. No annual sales total is published; the Office of Medical Cannabis reports only monthly sales figures captured in Metrc, ranging from roughly $6.95 million in November 2023 to roughly $8.40 million in August 2024. The state does not publish a peak-versus-current permit series or a license-attrition count. What the public record shows is a small medical market with a near-full operational permit base relative to its statutory caps and a flower price that has fallen over the reported period.
| Field | Value | Source |
|---|---|---|
| Wholesale flower ($/lb) | Not available in the public record | — |
| Wholesale flower period | Not available in the public record | — |
| Wholesale trend | Not available in the public record | — |
| Wholesale price compression | Not available in the public record | — |
| Retail flower ($/oz) | $202.42 | [37] |
| Operator margin | Not available in the public record | — |
| Total market sales | Not available in the public record | — |
| Adult-use sales | Not available in the public record | — |
| Per-capita sales | Not available in the public record | — |
| YoY sales growth | Not available in the public record | — |
| License attrition (count) | Not available in the public record | — |
| License attrition | Not available in the public record | — |
| Peak cultivation licenses | Not available in the public record | — |
| Current cultivation licenses | 9 | [38] |
Consumer Data
The program served 35,394 active patients as of October 31, 2025, up from 28,585 in November 2023, through 64 operating dispensaries — 3.62 dispensaries per 100,000 residents. The average price of flower fell from $8.43 per gram in October 2023 to $7.14 in October 2025. No published annual sales total exists to compute per-capita spending across the population, and the Office of Medical Cannabis reports an average patient spend of roughly $337 per month as of October 2025. The state publishes no estimate of legal-market capture — the share of total consumption met by licensed dispensaries versus the unregulated market — so the degree to which the medical program has displaced the legacy market cannot be stated from public sources.
| Field | Value | Source |
|---|---|---|
| Per-capita sales | Not available in the public record | — |
| Dispensaries per 100k | 3.62 | [13] |
| Legal market capture | Not available in the public record | — |
| Legal capture source | Not available in the public record | — |
| Retail price trend | declining | [40] |
Equity Programs
West Virginia's Medical Cannabis Act contains no social or economic equity program: there is no equity license set-aside, no equity-designated activation metric, no income cap for equity applicants, and no dedicated equity fund (WV Code Chapter 16A). The state publishes no minority-ownership or women-ownership share for permittees. The Act establishes a Medical Cannabis Program Fund for tax and fee revenue, with a statutory allocation formula directing 55 percent to the Bureau for Public Health and the remainder to other uses including substance-abuse and community services; as reported through October 2025, the roughly $34 million accumulated in that fund had not been disbursed. West Virginia has not enacted automatic or cannabis-specific record expungement. General relief exists outside the cannabis program: a first-offense possession of less than 15 grams is eligible for conditional discharge under WV Code 60A-4-407.
| Field | Value | Source |
|---|---|---|
| Equity program exists | No | [41] |
| Equity program type | Not available in the public record | — |
| Equity licenses awarded | Not available in the public record | — |
| Equity licenses operational | Not available in the public record | — |
| Equity activation rate | Not available in the public record | — |
| Equity fund exists | No | [42] |
| Equity fund size | Not available in the public record | — |
| Equity fund disbursed | Not available in the public record | — |
| Equity fund disbursement rate | Not available in the public record | — |
| Minority ownership | Not available in the public record | — |
| Women ownership | Not available in the public record | — |
| Community reinvestment | Not available in the public record | — |
| Expungement exists | No | [43] |
| Expungement automatic | No | [44] |
| Expungements processed | Not available in the public record | — |
| Income cap for equity | Not available in the public record | — |
Enforcement
West Virginia tracks regulated product seed-to-sale through Metrc. Beyond the tracking system, the state does not publish most operational enforcement metrics as clean annual public figures: enforcement actions against permittees, illicit-market enforcement actions, regulatory budget and staffing, mandatory testing analytes, per-batch testing cost, product recalls, and the fine schedule are not available in the public record. The Office of Medical Cannabis reports inspection activity on a biennial rather than annual basis — roughly 817 physical inspections over November 2023 through October 2025, plus virtual and Metrc-review inspections — so a clean inspections-per-year physical count cannot be stated. The absence reflects the regulator not reporting these figures in an annually sourceable form, not an absence of the underlying activity.
| Field | Value | Source |
|---|---|---|
| Track-and-trace system | Metrc | [17] |
| Inspections per year | Not available in the public record | — |
| Enforcement actions (licensees) | Not available in the public record | — |
| Unlicensed-market enforcement actions | Not available in the public record | — |
| Regulatory budget | Not available in the public record | — |
| Regulatory staff | Not available in the public record | — |
| Mandatory testing analytes | Not available in the public record | — |
| Testing cost per batch | Not available in the public record | — |
| Product recalls per year | Not available in the public record | — |
| Fine schedule (min) | Not available in the public record | — |
| Fine schedule (max) | Not available in the public record | — |
Penalties & Criminal Law
West Virginia has not decriminalized or legalized non-medical cannabis. The 2017 Medical Cannabis Act created a regulated medical program without increasing any controlled-substances penalty, and the penalties for unlicensed activity under the Uniform Controlled Substances Act are unchanged. Simple possession of any amount is a misdemeanor under WV Code 60A-4-401(c), carrying confinement of 90 days to 6 months and a fine up to $1,000; a first offense for possession of less than 15 grams is eligible for conditional discharge under WV Code 60A-4-407. Unlicensed cultivation, and delivery or possession with intent to deliver, are felonies under WV Code 60A-4-401(a)(ii) as Schedule I non-narcotic offenses, carrying 1 to 5 years and a fine up to $15,000; delivery of a small amount for no remuneration is treated as simple possession. Felony exposure keys to conduct rather than a possession weight threshold, so no possession ounce limit triggers a felony. West Virginia sets no per se THC blood limit for impaired driving, relying on an impairment standard under WV Code 17C-5-2. Cannabis records are not expunged automatically. The most recent sourced racial-disparity figure is secondary: the ACLU, using 2018 federal arrest data, reported a Black-to-white cannabis-possession arrest-rate ratio of 7.31 for West Virginia.
| Field | Value | Source |
|---|---|---|
| Max penalty, unlicensed cultivation | Felony. Cultivating (manufacturing) marijuana without a permit is a felony under WV Code 60A-4-401(a)(ii) (marijuana = Schedule I, non-narcotic): imprisonment 1-5 years and/or a fine up to $15,000. The 2017 Medical Cannabis Act made unpermitted growing separately unlawful (16A-3-3(b)(3)) but did not reduce the controlled-substances penalty. | [45] |
| Max penalty, unlicensed sale | Felony. Delivery, or possession with intent to deliver, marijuana without authorization is a felony under WV Code 60A-4-401(a)(ii): imprisonment 1-5 years and/or a fine up to $15,000. Delivery of a small amount of marijuana for no remuneration is treated as simple possession (misdemeanor) under 60A-4-401(a). | [46] |
| Felony threshold (grams) | Not available in the public record | — |
| Felony threshold type | sale | [47] |
| Penalty, possession over limit | Simple possession of marijuana (any amount) is a misdemeanor under WV Code 60A-4-401(c): confinement 90 days-6 months and/or a fine up to $1,000. A first offense for possession of less than 15 grams of marijuana is eligible for conditional discharge/deferral under 60A-4-407. | [48] |
| Penalty, public consumption | Not available in the public record | — |
| DUI per se limit (ng) | Not available in the public record | — |
| DUI zero tolerance | No | [49] |
| Penalties increased post-legalization | No | [50] |
| Penalty direction | unchanged | [51] |
| Penalty direction details | West Virginia has not decriminalized or legalized non-medical cannabis. Simple possession remains a misdemeanor (60A-4-401(c)) and unlicensed cultivation/delivery a felony (60A-4-401(a)(ii)). The 2017 Medical Cannabis Act (SB 386) created a regulated medical program but left the Uniform Controlled Substances Act penalties for unlicensed activity unchanged. No cannabis penalty has been increased. | [52] |
| Post-legalization arrests (annual) | Not available in the public record | — |
| Racial disparity ratio | 7.31 | [53] |
| Expungement exists | No | [43] |
| Expungement automatic | No | [44] |
Sources
- ↑ U.S. Census Bureau, Vintage 2024 Population Estimates (NST-EST2024-POP), West Virginia https://www2.census.gov/programs-surveys/popest/tables/2020-2024/state/totals/NST-EST2024-POP.xlsx
- ↑ USPS / U.S. Census Bureau standard two-letter abbreviation for West Virginia.
- ↑ Dashboard compilation date 2026-06-07. Primary program data from the WV OMC 2025 Biennial Report (data through Oct 31, 2025). Population is Census Vintage 2024 (July 1, 2024).
- ↑ WV Medical Cannabis Act (SB 386) signed by Gov. Jim Justice on April 19, 2017; per WV Code 16A-16-1 the act was effective upon passage (criminal provisions 90 days later; patient ID cards could not issue until July 1, 2019). West Virginia became the 29th medical-cannabis state https://www.mpp.org/news/press/west-virginia-becomes-29th-medical-marijuana-state-gov-jim-justice-signs-sb-386-law/
- ↑ [SECONDARY] First legal medical cannabis sale occurred Nov 12, 2021, when Trulieve's Morgantown dispensary became the first to sell in West Virginia (corroborated by NORML, Nov 12 2021, and Trulieve investor release, Nov 8 2021). The earliest grower 'date operational' in the OMC 2025 Biennial Report is 6/29/2021 and the earliest dispensary operational dates are Dec 2021 https://norml.org/blog/2021/11/12/medical-cannabis-sales-finally-set-to-begin-in-west-virginia/
- ↑ CALC: first sale (2021-11-12) minus enactment (2017-04-19) = 1,668 days.
- ↑ U.S. Census Bureau Vintage 2024 Population Estimates (NST-EST2024-POP), West Virginia July 1, 2024 = 1,769,979 (parsed from the primary xlsx) https://www2.census.gov/programs-surveys/popest/tables/2020-2024/state/totals/NST-EST2024-POP.xlsx
- ↑ WV OMC 2025 Biennial Report, Table 13 (Growers) lists 9 growers with a 'date operational' (Columbia Care, Mountaineer Holding/Trulieve, Harvest Care, Buckhannon Grow, Tariff Labs, Holistic WV Farms, Verano WV, Mountaineer Integrated Care, Armory Pharmaceutical). Statutory cap is 10 grower permits. ).pdf https://omc.wv.gov/Documents/2025%20Bienniel%20Report%20(1
- ↑ CALC: 9 operational growers / (1,769,979 / 1,000,000) = 5.08 per million.
- ↑ WV OMC 2025 Biennial Report, Table 15 (Dispensaries) lists 76 dispensary permits (by license number); statutory cap is 100 dispensary permits distributed across senate districts. ).pdf https://omc.wv.gov/Documents/2025%20Bienniel%20Report%20(1
- ↑ WV OMC 2025 Biennial Report, Table 15 — 64 of the 76 listed dispensary permits carry a 'date operational'; the remaining 12 have no operational date (permitted but not yet open). ).pdf https://omc.wv.gov/Documents/2025%20Bienniel%20Report%20(1
- ↑ CALC: 64 operational / 76 permitted dispensaries x 100 = 84.2%.
- ↑ CALC: 64 operational dispensaries / (1,769,979 / 100,000) = 3.62 per 100K.
- ↑ WV Code 16A-6 permits grower, processor, and dispensary permits; common ownership across all three is permitted and widely used — the OMC 2025 Biennial Report shows the same entities holding grower + processor + dispensary permits (e.g., Columbia Care WV, Trulieve/Mountaineer Holding, Harvest Care Medical, Verano WV, Holistic WV Farms). Subject to statutory per-category caps (10 grower / 10 processor / 100 dispensary). ).pdf https://omc.wv.gov/Documents/2025%20Bienniel%20Report%20(1
- ↑ WV OMC 2025 Biennial Report: 'The Medical Cannabis Act allows for up to 10 grower permits, 10 processor permits, and 100 dispensary permits.' (WV Code 16A-6). ).pdf https://omc.wv.gov/Documents/2025%20Bienniel%20Report%20(1
- ↑ WV Code 16A-6-2 (Permits) sets out application requirements (criminal history, good moral character, financial fitness) but imposes NO owner-residency requirement, and the operating permittees are out-of-state multistate operators (Trulieve/FL, Verano/IL, Columbia Care/NY, Holistic Industries) per the OMC 2025 Biennial Report — confirming majority out-of-state ownership is permitted https://code.wvlegislature.gov/16A-6-2/
- ↑ WV OMC 2025 Biennial Report: 'The OMC uses Metrc, a seed-to-sale data system, to ensure permittee accountability.' (NCS Analytics layers reporting on Metrc; MyComplia houses patient/permittee records.) ).pdf https://omc.wv.gov/Documents/2025%20Bienniel%20Report%20(1
- ↑ WV Code 16A-6-6(1)(A): grower/processor initial application fee is $5,000 (nonrefundable) https://code.wvlegislature.gov/16A-6-6/
- ↑ WV Code 16A-6-6(1)(B): grower/processor permit fee is $50,000, valid for one year; (C) renewal fee is $5,000 per year thereafter https://code.wvlegislature.gov/16A-6-6/
- ↑ WV Code 16A-6-6(2)(A): dispensary initial application fee is $2,500 (nonrefundable) https://code.wvlegislature.gov/16A-6-6/
- ↑ WV Code 16A-6-6(2)(B): dispensary permit fee is $10,000 for each location, valid for one year; (C) renewal fee is $2,500 per year thereafter https://code.wvlegislature.gov/16A-6-6/
- ↑ WV Code 16A-3-3(b)(3): it is unlawful to grow medical cannabis unless permitted by the bureau; West Virginia does not permit patient/caregiver home cultivation (a 2025 bill, HB 3230, would change this but is not law) https://code.wvlegislature.gov/16A-3-3/
- ↑ WV Code 16A-8 conditions dispensing on presentation of a valid ID card at the dispensary; the Act establishes no commercial dispensary home-delivery program. Caregivers (designated under 16A-5) may obtain and transport medical cannabis to their patients, but there is no licensed retail delivery channel https://code.wvlegislature.gov/16A-8-1/
- ↑ No licensed commercial cannabis delivery channel exists in West Virginia (see delivery_legal) https://code.wvlegislature.gov/16A-8-1/
- ↑ WV Code 16A-3-3(b)(1) prohibits smoking medical cannabis, and the Act establishes no on-site/social consumption license category; consumption lounges are not legal https://code.wvlegislature.gov/16A-3-3/
- ↑ No licensed consumption-venue category exists under WV Code 16A; count = 0 https://code.wvlegislature.gov/16A-3-3/
- ↑ WV Code 16A-3-2(a)(2) limits dispensable forms; 16A-3-3(b)(1)-(2) prohibits smoking and the sale of edibles — so not all product forms are legal https://code.wvlegislature.gov/16A-3-2/
- ↑ WV Code 16A-3-2(a)(2) (permitted forms) and 16A-3-3(b)(1)-(2),(c) (smoking and edible-sale prohibitions; patient self-incorporation exception) https://code.wvlegislature.gov/16A-3-3/
- ↑ WV Code 16A-9-1(b): a privilege tax of 10 percent of the gross receipts a dispensary receives from the sale of medical cannabis to a patient or caregiver; the tax may not be added as a separate line item to the consumer's receipt https://code.wvlegislature.gov/16A-9-1/
- ↑ WV Code 16A-9-1(b): 10% of gross receipts (ad valorem / per-price) https://code.wvlegislature.gov/16A-9-1/
- ↑ WV Code 16A-9-1: West Virginia levies a flat 10% privilege tax with no THC-potency tiers https://code.wvlegislature.gov/16A-9-1/
- ↑ WV Code 16A-9-1(b): the 10% privilege tax on dispensary gross receipts is the cannabis-specific tax; it is embedded in price (not charged to the consumer as a separate line item) https://code.wvlegislature.gov/16A-9-1/
- ↑ WV Code 16A-9-1: medical cannabis is NOT tax-exempt — it carries the 10% privilege tax on dispensary gross receipts https://code.wvlegislature.gov/16A-9-1/
- ↑ WV Code 16A-9-1(b): 10% privilege tax on dispensary gross receipts from medical cannabis sales https://code.wvlegislature.gov/16A-9-1/
- ↑ WV Code 16A-9-1: the 10% privilege tax rate has been in place since the 2017 Medical Cannabis Act and has not changed https://code.wvlegislature.gov/16A-9-1/
- ↑ WV Code 16A-9-1: rate unchanged at 10% since enactment https://code.wvlegislature.gov/16A-9-1/
- ↑ Derived from WV OMC 2025 Biennial Report, Table 1 — average price per gram of flower sold in dispensaries was $7.14 in Oct 2025; x 28.3495 g/oz = $202.42/oz. Full monthly per-gram series in _timeseries. ).pdf https://omc.wv.gov/Documents/2025%20Bienniel%20Report%20(1
- ↑ WV OMC 2025 Biennial Report, Table 13 — 9 operational growers. ).pdf https://omc.wv.gov/Documents/2025%20Bienniel%20Report%20(1
- ↑ CALC (same as market_access): 64 operational dispensaries / (1,769,979/100,000) = 3.62 per 100K.
- ↑ WV OMC 2025 Biennial Report, Table 1 — average flower price/gram fell from a $8.03 peak (Jul 2024) to $7.14 (Oct 2025), and is down ~15.4% from $8.43 in Oct 2023; trend is declining. ).pdf https://omc.wv.gov/Documents/2025%20Bienniel%20Report%20(1
- ↑ WV Code Chapter 16A contains no social/economic equity program for medical cannabis permittees https://code.wvlegislature.gov/16A/
- ↑ WV Code Chapter 16A establishes a Medical Cannabis Program Fund for tax/fee revenue (not an equity fund); no dedicated social-equity fund exists https://code.wvlegislature.gov/16A/
- ↑ West Virginia's Medical Cannabis Act (Chapter 16A) contains no cannabis-specific expungement program, and West Virginia has not enacted automatic marijuana-record expungement; relief is limited to general conditional discharge (60A-4-407) and general misdemeanor expungement statutes https://code.wvlegislature.gov/16A/
- ↑ No automatic cannabis-record expungement exists in West Virginia https://code.wvlegislature.gov/16A/
- ↑ WV Code 60A-4-401(a)(ii) (manufacture of a Schedule I non-narcotic = felony, 1-5 years and/or up to $15,000) and 16A-3-3(b)(3) (growing without a permit unlawful) https://code.wvlegislature.gov/60A-4-401/
- ↑ WV Code 60A-4-401(a)(ii) (delivery/PWID of a Schedule I non-narcotic = felony, 1-5 years and/or up to $15,000; small no-remuneration delivery treated as possession) https://code.wvlegislature.gov/60A-4-401/
- ↑ WV Code 60A-4-401: felony status keys to manufacture/delivery/possession-with-intent (conduct), not to a possession weight threshold https://code.wvlegislature.gov/60A-4-401/
- ↑ WV Code 60A-4-401(c): simple possession is a misdemeanor (90 days-6 months and/or up to $1,000); first-offense possession of <15 g eligible for conditional discharge under 60A-4-407 https://code.wvlegislature.gov/60A-4-401/
- ↑ WV Code 17C-5-2 defines DUI by an 'impaired state' (under the influence of a controlled substance); there is no numeric per se THC limit and no drug zero-tolerance provision https://code.wvlegislature.gov/17C-5-2/
- ↑ WV Code Chapter 16A (2017 Medical Cannabis Act) created a medical program without increasing any controlled-substances penalty; non-medical cannabis penalties under 60A-4-401 are unchanged https://code.wvlegislature.gov/60A-4-401/
- ↑ WV Code 60A-4-401 / Chapter 16A: criminal penalties for non-medical cannabis are unchanged since the medical program's enactment https://code.wvlegislature.gov/60A-4-401/
- ↑ WV Code 60A-4-401 and 16A-3-3: West Virginia has not decriminalized or legalized non-medical cannabis; the 2017 Medical Cannabis Act left controlled-substances penalties intact https://code.wvlegislature.gov/60A-4-401/
- ↑ [SECONDARY] ACLU, 'A Tale of Two Countries: Racially Targeted Arrests in the Era of Marijuana Reform' (2020, 2018 arrest data): West Virginia's Black-to-white marijuana-possession arrest-rate ratio = 7.31 (Black rate 2,516.95 vs white 344.26 per 100,000; the report's WV state page rounds to '7.3x'). Among the five darkest-red (worst-disparity) states. Underlying primary: FBI UCR 2018 arrest data. Verified against the report PDF directly https://www.aclu.org/sites/default/files/field_document/tale_of_two_countries_racially_targeted_arrests_in_the_era_of_marijuana_reform_revised.pdf