West Virginia Statewide Rule
West Virginia Medical Cannabis Dispensary Zoning Limits
Key Facts
- Setback statute
- W. Va. Code §16A-8-2
- School/daycare setback
- 1,000 feet from property line
- Local approval
- Municipal authorization required
- Permit issuer
- Office of Medical Cannabis
Summary
A West Virginia medical cannabis dispensary may not be located within 1,000 feet of a school or daycare property line under W. Va. Code §16A-8-2. Applicants must obtain municipal authorization and comply with local zoning before the Office of Medical Cannabis will grant a license.
§16A-8-2. Facility requirements. (a) General rule. — (1) A dispensary may only dispense medical cannabis in an indoor, enclosed, secure facility located within this state, as determined by the bureau. (2) A dispensary may not operate on the same site as a facility used for growing and processing medical cannabis. (3) A dispensary may not be located within one thousand feet of the property line of a public, private or parochial school or a daycare center. (4) A dispensary may, pursuant to bureau conditions and limitations, sell medical devices and instruments which are needed to administer medical cannabis under this act. (b) Adjustment or waiver of prohibition. — The bureau may amend a prohibition under subsection (a)(3) of this section if it is shown by clear and convincing evidence that the amendment is necessary to provide adequate access to patients. An amendment may include additional security, physical plant of a facility or other conditions necessary to protect children. Previous §16A-8-1. Dispensing to patients and caregivers. §16A-8-2. Facility requirements.
Full Breakdown
Under W. Va. Code §16A-8-2, a medical cannabis dispensary must operate from an indoor, secure, enclosed facility and may not be located within 1,000 feet of the property line of a public, private, or parochial school or a daycare center; the Office of Medical Cannabis may adjust this only on a clear-and-convincing showing. Before the state issues a dispensary license, the applicant must present proof of municipal authorization confirming compliance with all local regulatory requirements, so cities and counties apply their own zoning, site-plan, and business-licensing rules. Dispensary permits are also limited in number by region.
Violations & Penalties
A dispensary operating without a state permit or the required local authorization faces license denial or revocation, criminal charges, and civil penalties.
Frequently Asked Questions
Can a West Virginia city ban medical cannabis dispensaries?
How close can a dispensary be to a school?
Sources
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