West Virginia Medical Marijuana Doctors

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How to Get Your WV Medical Marijuana Card

West Virginia Senate Bill 386 was signed into law on April 19, 2017, creating the Medical Cannabis Act. The law allows state residents who have a serious medical condition, as certified by an approved physician, to receive medical marijuana treatment. Run by the West Virginia Office of Medical Cannabis, the program requires annual recertification by a state-approved physician. Qualified patients may purchase medical marijuana products, with use of their WV Medical Marijuana ID Card, at licensed dispensaries.

West Virginia FAQS

PATIENT RIGHTS

The following is not legal advice and is intended for educational purposes only.

Confidentiality

According to the West Virginia Medical Cannabis Act, all information obtained by the bureau relating to patients, caregivers, and other applicants shall be confidential and not subject to public disclosure, including the following:

  • Individual identifying information about patients and caregivers
  • Certifications issued by practitioners
  • Information on identification cards
  • Information provided by the West Virginia State Police under Section 2, Article 5 of West Virginia Code Chapter 16A
  • Information relating to the patient’s serious medical condition.

Employment

Employers may not discharge, threaten, refuse to hire, or otherwise discriminate or retaliate against an employee regarding an employee’s compensation, terms, conditions, location or privileges solely on the basis of such employee’s status as an individual who is certified to use medical cannabis. Patients shall not be subject to arrest, prosecution or penalty in any manner, or denied any right or privilege, including civil penalty or disciplinary action by a state licensing board or commission, solely for lawful use of medical cannabis.

However, employers are not required to make any accommodation of the use of medical cannabis on the property or premises of any place of employment. Employers may also discipline an employee for being under the influence of medical cannabis in the workplace or for working while under the influence of medical cannabis when the employee’s conduct falls below the standard of care normally accepted for that position. Likewise, employers are not required to commit any act that would put the employer or any person acting on its behalf in violation of federal law.

Patients may be prohibited by an employer from performing any task which the employer deems life-threatening, to either the employee or any of the employees of the employer – or which could result in a public health or safety risk – while under the influence of medical cannabis. (The Medical Cannabis Act specifically notes that “prohibition shall not be deemed an adverse employment decision even if the prohibition results in financial harm for the patient.”)

A patient may not perform any employment duties at heights or in confined spaces, including, but not limited to, mining while under the influence of medical cannabis.

School

A student shall not be subject to discipline solely for the lawful use of medical cannabis.

A parent/guardian of any student who has been issued a medical cannabis identification card shall notify the school principal before medical cannabis may be administered on or in school property or at a school-related event. Such notification must be on a form that includes the name of the student and the name and contact information for the student’s caregiver. In addition to such notification, a parent/guardian shall provide the following documentation to the school principal:

  • The student’s identification card,
  • The caregiver’s identification card, and
  • A certification issued by a medical cannabis physician. 

This notification and documentation shall be kept on file as part of the student’s educational record and updated at least annually by the student’s parent/guardian.

A parent/guardian must provide written notice to the school principal within ten days of any of the following:

  • A change in the student’s designated caregiver,
  • A change in the student’s physician for the purpose of certifying medical cannabis use by the student,
  • If the student ceases to have a serious medical condition for which medical cannabis may be used, or
  • If the student’s, caregiver’s or certifying physician’s identification card or registration has been terminated or discontinued.

Upon notification and receipt of the required documentation, a school principal shall allow a designated caregiver to administer medical cannabis to a student on or in school property or at a school-related event in accordance with a physician’s certification.

Medical cannabis shall not be stored on school property nor shall it be administered by school personnel unless the student is the child or is in the legal custody of a school employee and the school employee is the student’s designated caregiver. Medical cannabis administered on or in school property or at a school-related event shall be in a form permitted by West Virginia law and may not be administered in dry leaf or plant form. 

If medical cannabis is administered on or in school property, the designated caregiver shall abide by the school’s policies and procedures for visitors to the school. Medical cannabis administration shall occur in an area outside of the view of other students and in accordance with any policies and procedures established by the school. A designated caregiver shall not administer medical cannabis in a manner that creates disruption to the educational environment or the school-related event, or that causes exposure to other students or persons.

A student, even if 18 years or older or emancipated, may not possess or self-administer medical cannabis on or in school property or at a school-related event. In this event, the student must still provide the required notifications and documentation, and must designate a caregiver for the purposes of medical cannabis possession and administration.

After the designated caregiver administers medical cannabis to a student, the caregiver shall remove any remaining medical cannabis from the school property or school-related event. As is the case with controlled or illegal substances, student possession, use, distribution, sale, or being under the influence of marijuana or marijuana derivatives is inconsistent with the West Virginia Department of Education’s policy.

Prohibited Use

A patient may not operate or be in physical control of any of the following while under the influence with a blood content of more than three nanograms of active tetrahydrocannabis (THC) per milliliter of blood in serum:

  • Chemicals which require a permit issued by the Federal Government or a state government or an agency of the Federal Government or a state government.
  • High-voltage electricity or any other public utility.
  • Vehicle, aircraft, train, boat or heavy machinery.