West Virginia legislation · 2026 Regular Session
West Virginia HB5260: Relating generally to medical cannabis
Status: Passed one chamber, March 4, 2026
What the bill says
To amend and reenact §16A-3-2 and §16A-3-3 of the Code of West Virginia, 1931, as amended, relating generally to medical cannabis; modifying allowable forms of medical cannabis to include edible form; specifying certain requirements applicable to medical cannabis dispensed in edible form; and modifying the unlawful use of medical cannabis. CHAPTER 16A. MEDICAL CANNABIS ACT. article 3. medical cannabis program. §16A-3-2. Lawful use of medical cannabis. (a) Notwithstanding any provision of law to the contrary, the use or possession of medical cannabis as set forth in this act is lawful wi.
From the engrossed text, February 26, 2026:
A BILL to amend and reenact §16A-3-2 and §16A-3-3 of the Code of West Virginia, 1931, as amended, relating generally to medical cannabis; modifying allowable forms of medical cannabis to include edible form; specifying certain requirements applicable to medical cannabis dispensed in edible form; and modifying the unlawful use of medical cannabis. CHAPTER 16A. MEDICAL CANNABIS ACT. article 3. medical cannabis program. §16A-3-2. Lawful use of medical cannabis. (a) Notwithstanding any provision of law to the contrary, the use or possession of medical cannabis as set forth in this act is lawful within this state, subject to the following conditions: (1) Medical cannabis may only be dispensed and (B) a caregiver who is in possession of a valid identification card issued by the bureau. (2) Subject to rules promulgated under this act, medical cannabis may only be dispensed to a patient or caregiver in the following (B) Oil; (C) Topical forms, including gels, creams or ointments; (D) A form medically appropriate for administration by vaporization or nebulization, excluding dry leaf or plant form until dry leaf or plant forms become acceptable under rules adopted by the bureau; (E) Tincture; (F) Liquid; or (G) Dermal patch; or (H) Edible: Provided, That any medical cannabis product produced or dispensed in edible form in this state must comply with the requirements of subsection …