West Virginia: GOP Senators Introduce Bill to Allow Medical Marijuana Edibles

Key Points
  • West Virginia Senate Bill 892 proposes allowing medical marijuana dispensaries to provide edible cannabis products to registered patients for the first time.
  • The bill sets strict regulations on edibles, including a 10 mg THC limit per serving, approved shapes, and bans on designs or forms that appeal to children.
  • Packaging requirements include opaque, individual wrapping with clear labeling about medical use, safety warnings, and the state-required universal cannabis symbol.
  • SB 892 mandates dispensaries to report edible marijuana transactions to the state's Controlled Substances Monitoring Program Database, enhancing tracking and oversight.

A new bill filed in the West Virginia Senate would make a significant change to the state’s medical marijuana program by allowing dispensaries to provide edible forms of medical cannabis to registered patients for the first time. Senate Bill 892, introduced today by State Senator Jack Woodrum (R), State Senator Bennett Queen (R), and State Senator Zachery Maynard (R), amends the state’s Medical Cannabis Act to authorize regulated processors to manufacture medical marijuana in edible form while creating strict limits on potency, shape, labeling, and packaging.

Under current law, medical marijuana in West Virginia may be dispensed in forms such as pills, oils, gels, creams, tinctures, liquids, dermal patches, and plant material for vaporization, but edibles are not allowed. SB 892 would change that by explicitly adding edible products as a lawful form of medical cannabis, provided they meet detailed regulatory requirements.

The bill caps each edible serving at no more than 10 milligrams of THC. Edibles would be required to be produced in specific shapes such as squares, rectangles, circles, ovals, diamonds, or parallelograms, and may not resemble candy, cartoons, animals, fruit, or any item typically marketed to children. Products would also be prohibited from containing images, logos, or designs other than the state-required universal symbol.

Packaging rules are equally strict. Each edible must be individually packaged in opaque material and display the universal cannabis symbol on both sides. Labels must clearly state that the product is for medical use only, warn against use during pregnancy or breastfeeding, caution against operating machinery, and instruct patients to keep the product in its original container.

In addition to legalizing edibles, SB 892 also adds a new reporting requirement for dispensaries. Information about edible medical marijuana dispensed to patients would be entered into West Virginia’s Controlled Substances Monitoring Program Database, the same system used to track prescriptions for Schedule II, III, IV, and V drugs and opioid antagonists. This includes reporting the patient’s name, the prescribing practitioner, the form of marijuana dispensed, and the quantity provided.

The measure has been referred to the Senate Health and Human Resources Committee for consideration.