A West Virginia medical cannabis license is one of 10 grower, 10 processor or 100 dispensary permits capped in W. Va. Code 16A-6-13 and issued by the Office of Medical Cannabis, and no new permit round is open as of Nov. 2026. The program is medical only, and HB 5260 (2026) proposed edibles at 10 mg THC per serving.
Medical only; permits capped at 10 growers, 10 processors, 100 dispensaries; no open round as of Nov. 2026
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West Virginia is a medical only market run by the Office of Medical Cannabis (OMC), a division of the Department of Health, under the Medical Cannabis Act, W. Va. Code chapter 16A. Section 16A-6-13 caps permits at 10 growers, 10 processors and 100 dispensaries, with up to 10 dispensaries per person, and lets one company hold all three. The original rounds are closed, so entry means buying a permit holder.
Every permit needs county board of health approval and a county commission statement that it has not voted to disapprove. HB 5260 (2026) proposed edibles at 10 mg THC per serving; check the Legislature's bill history for its final status before you budget an edibles line. Compare cannabis licensing in every state.
With 10 grower permits at up to two locations each, cultivation grows by adding a second site or expanding the first. A 20,000 sq ft indoor grow at $150 to $500+ per sq ft runs $3 million to $10 million or more. Design takes 30 to 60 days and the build 3 to 6 months after permits.
West Virginia's average commercial electricity price was 11.73 cents per kWh in 2025 against a 13.37 cent U.S. average, per EIA Electric Power Annual, Table 2.10. Humid summers load the dehumidifiers and mountain winters add heating hours. Siting is county by county: a county that voted to disapprove is closed, and the board of health letter is the first gate.
Testing. Growers and processors contract with an independent laboratory that the state approves and the Office of Laboratory Services certifies, and test at harvest and again at final processing (16A-7-4). The panel and limits sit in the laboratory rule, 64CSR111, amended effective May 8, 2025.
Security and tracking. The grower and processor rule, 64CSR110, carries its own security and surveillance section (64-110-8) and electronic tracking system section (64-110-21), amended effective May 8, 2025. Read both for camera placement and retention before the architect draws the building.
Packaging and edibles. The 16A-3-2 form list that HB 5260 would amend covers pill, oil, topical, tincture, liquid, patch, vapor and dry leaf forms. HB 5260 (2026) proposed edibles capped at 10 mg THC per serving with 15% potency variance, lozenge or gelatin form only, seven plain shapes, no color additives and the universal symbol on each piece.
| Topic | West Virginia rule | Design response |
|---|---|---|
| Grower permits | 10 statewide, up to two locations each; county board of health approval | Two site programs sized to demand with rooms planned to yield (grow room layout and airflow), Anden dehumidifiers for humid Appalachian summers |
| Processing | 10 processors; oils, tinctures, patches and vapor forms under 16A-3-2 | Extraction suite from C1D1 room requirements; used Precision Extraction systems, Thompson Duke cartridge filling |
| Edibles (HB 5260) | Proposed in HB 5260: 10 mg THC per serving, 15% variance, lozenges and gelatins only, plain shapes, universal symbol | Depositor and lozenge line built to the shape list (edibles equipment) |
| Dispensary | 100 statewide, 10 per holder; county commission statement required | Vault and intake room sized for tracked inventory (processing facility layout) |
Buy into one of the permit holders. Section 16A-6-13 caps dispensaries at 100 statewide and 10 per person, and OMC is not running a new round. Each location needs county board of health approval and a county commission statement that it has not voted to disapprove.
Not by new application as of Nov. 2026: no permit round is open, so entry is by acquisition. The cap is 10 grower permits, one per person with up to two locations. A holder can add a second location, which is where most new cultivation square footage will come from. For an open grower market nearby, compare Maryland.
Edibles are not among the forms 16A-3-2 listed before 2026: pill, oil, topical, tincture, liquid, patch, vapor and dry leaf. HB 5260 (2026) proposed edibles made by permitted processors, capped at 10 mg THC per serving, in lozenge or gelatin form, plain geometric shapes, no color additives and the universal symbol on each piece. Check its final status on the Legislature's bill history before you buy a depositor.
Yes. Section 16A-6-13 lets a person hold a grower permit, a processor permit and up to 10 dispensary permits concurrently, and dispensaries may buy only from permitted growers and processors. For a vertically integrated holder, plans usually cover cultivation, extraction and dispensary back of house.
No. Adult use is not authorized: chapter 16A is a medical program, and 16A-3-3 makes it unlawful to grow cannabis without a bureau grower/processor permit, so patients cannot grow at home. For an adult use build nearby, see Virginia.
Regulator: West Virginia Office of Medical Cannabis, Department of Health. Last reviewed November 7, 2026.