West Virginia Republicans File Bill to Allow Terminally Ill Patients Access to Medical Marijuana Outside State Program

A new West Virginia bill filed by a trio of Republicans would create a pathway for certain terminally ill patients to use medical marijuana outside the state’s existing, more restrictive program. House Bill 5658 was introduced today and referred to the House Health and Human Resources Committee, and then to the Judiciary Committee. The measure is sponsored by Delegate Chris Anders (R), Delegate Jeffrey Stephens (R) and Delegate Chuck Horst (R).

According to the bill’s summary, its purpose is to create the “Compassionate Access to Medical Cannabis Act,” also referred to as Ryan’s Law.

Under the proposal, a person diagnosed with a terminal illness—defined in the bill as a condition that will result in death within a year or less if the disease follows its normal course—could legally possess and use medical cannabis with written documentation from a physician. The legislation specifies that it applies to individuals not currently enrolled in the state’s existing medical marijuana program.

The bill would allow qualifying patients to use medical cannabis in certain health care settings, including hospitals and hospice facilities, though smoking and vaping would remain prohibited. Patients would need to provide a valid identification card and a copy of their physician’s written documentation to the health care facility.

Importantly, the proposal states that health care facilities would not be required to recommend or administer medical marijuana. It also clarifies that cannabis would remain a Schedule I substance under state law and that the measure does not alter federal classifications.

If approved, the legislation would create a limited but significant expansion of access for terminally ill West Virginians seeking medical marijuana outside the traditional state program.