West Virginia Bill to Facilitate Banking for Medical Marijuana Program
Bill Link: HB2538
Effective Date: 6/5/2019
Overview: West Virginia Gov. Jim Justice signed a bill into law that creates a mechanism to handle banking services for the state’s medical marijuana program.

The legislation empowers the West Virginia Treasurer to authorize financial institutions to provide banking services for the state fees, penalties, and taxes collected under the West Virginia medical marijuana program.

Under the law, the state government cannot “prohibit, penalize, incentivize, or otherwise impair” financial institutions that accept accounts for medical cannabis businesses operating in compliance with state law. The bill also commits the state to do everything “permitted by law” to defend these financial institutions and cover “payment of the amount of any judgment obtained, damages, legal fees and expenses, and any other expenses incurred.”

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West Virginia Expands Medical Marijuana Program Despite Federal Prohibition
Bill Link: SB1037
Effective Date: 5/29/2019
Overview: West Virginia Gov. Justice signed a bill to expand the state’s medical marijuana program despite federal prohibition.

The legislation makes a number of changes to the state’s medical marijuana laws that will streamline the program, increase access for patients and open up the market for medicinal cannabis.

• Removes a requirement that a doctor must be present in a dispensary at all times.
• Increases the allowable number of dispensaries in the state from 30 to 100 and removes a limit on the number of dispensaries allowed in one region.
• Increases the number of dispensary licenses one person may hold from two to 10.
• Removes a restriction that a grower or processor cannot own a dispensary.
• Creates legal protections for state employees involved in the medical marijuana program
• Removes language requiring physicians to first consider other treatments “including treatments involving opioids” before issuing a marijuana certificate to a patient.
• Allows the Department of Health and Human Resources to pre-register patients before the official July 1 date.

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West Virginia Legalizes Medical Marijuana
Bill Link: SB386
Effective Date: 4/23/2017
Overview: West Virginia Gov. Jim Justice signed a bill that creates a limited medical marijuana program. The new law takes a step toward nullifying federal marijuana prohibition in practice within the state.

The new law creates a structure setting up a limited medical marijuana program in the Mountain State.

Patients with certain medical conditions will be able to access medical marijuana in the form of pills, oils, gels, creams, ointments, tinctures, liquid, and non-whole plant forms for administration through vaporization. It bans smoking marijuana and prohibits patients from growing their own. It also imposes hefty fees on growers, processors and dispensaries.

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