West Virginia § 16A-3-3 Unlawful use of medical cannabis

West Virginia Statutes

§ 16A-3-3 — Unlawful use of medical cannabis

West Virginia § 16A-3-3

Ch. 16AMEDICAL CANNABIS ACT

Art. 3MEDICAL CANNABIS PROGRAM

This text of West Virginia § 16A-3-3 (Unlawful use of medical cannabis) is published on Counsel Stack Legal Research, covering West Virginia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

W. Va. Code § 16A-3-3 (2026).

Text

(a)Except as provided in section two of this article, section four of article seven, article thirteen or article fourteen of this chapter, the use of medical cannabis is unlawful and shall, in addition to any other penalty provided by law, be deemed a violation of the Uniform Controlled Substances Act under chapter sixty-a of this code.

(b)It shall be unlawful to:

(1)Smoke medical cannabis.

(2)Except as provided under subsection (c), incorporate medical cannabis into edible form or sell in edible form.

(3)Grow medical cannabis unless the grower/processor has received a permit from the bureau under this act.

(4)Grow or dispense medical cannabis unless authorized as a health care medical cannabis organization under article thirteen of this chapter.

(5)Dispense medical can

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(a) Except as provided in section two of this article, section four of article seven, article thirteen or article fourteen of this chapter, the use of medical cannabis is unlawful and shall, in addition to any other penalty provided by law, be deemed a violation of the Uniform Controlled Substances Act under chapter sixty-a of this code.

(b) It shall be unlawful to:

(1) Smoke medical cannabis.

(2) Except as provided under subsection (c), incorporate medical cannabis into edible form or sell in edible form.

(3) Grow medical cannabis unless the grower/processor has received a permit from the bureau under this act.

(4) Grow or dispense medical cannabis unless authorized as a health care medical cannabis organization under article thirteen of this chapter.

(5) Dispense medical cannabis unless the dispensary has received a permit from the bureau under this act.

(c) Edible medical cannabis. — Nothing in this act shall be construed to preclude the incorporation of medical cannabis into edible form by a patient or a caregiver in order to aid ingestion of the medical cannabis by the patient.