Ahead of the beginning of the legislative session in West Virginia, many legislators gathered at a press event on Jan. 5 to discuss topics such as funding various organizations (such as firefighting or cybersecurity), but Senate President Craig Blair touched on cannabis.

Blair was asked if adult-use cannabis was a reliable way of “quelling the fentanyl scourge,” according to West Virginia Public Broadcasting. “My gut tells me it might not happen this year,” said Blair. “But you’re going to see it sooner than later because that is a way to combat that issue.”

He added that he will be sponsoring a bill that would punish those who manufacture and distribute illegal fentanyl. “Do I think anybody will ever be put to death in the state of West Virginia,” said Blair. “I doubt it. But what we’re wanting to do is send a message out to these animals that are selling us, and manufacturing this, to stay the hell out of West Virginia.”

The West Virginia Department of Health and Human Resources reported in 2020 that the opioid crisis was a public health emergency. “West Virginia is one of the states most impacted by the current opioid crisis. In 1999, West Virginia had a lower rate of overdose deaths than the national average at 4.1 per 100,000 population versus a national rate of 6.0,” the report explained. “In 2001, West Virginia surpassed the national rate and in 2010 became the state with the highest rate of overdose deaths in the nation. West Virginia continues to lead the nation in overdose deaths, with its highest rate of 57.8 recorded in 2017.”

More recent data from late 2022 shows that the state reported 1,403 fatal overdoses in West Virginia between March 2021 and March 2022, with 84% of that number including fentanyl. During the press event, Blair allegedly claimed that 70% of cannabis in West Virginia tests positive for containing fentanyl.

He also claimed that when he drives by and/or visits dispensaries in other neighboring states, many of the parked vehicles have West Virginia license plates, so he sees cannabis on the horizon.

House Minority Leader Sean Hornbuckle showed support for cannabis legalization as well. “We’re a believer in adult-use cannabis,” he said in reference to his democratic associates. He added that citizen support for cannabis is “well into the 60s,” described legalization as “something that we can have in our toolkit that can help pay for items,” and suggested a constitutional amendment for voters to choose if they want to legalize.

West Virginia’s medical cannabis program became law in 2017, but license registration didn’t open until May 2021, and the first dispensary didn’t open until November 2021.

However, attempts to push adult-use legalization have still been met with resistance. In summer 2021, advocates in four cities attempted to collect signatures for cannabis decriminalization efforts, although the initiatives didn’t proceed to the ballot. Advocates for a cannabis decriminalization initiative began collecting signatures in June 2022 but also didn’t see much progress.

The city of Huntington, West Virginia welcomed the opening of its first dispensary, called Huntington Gardens, which is owned by Ukrainian immigrants, in September 2023. According to co-owners Frederick Bartolovic and Kayla McClaskey, many Ukrainians are moving into the cannabis industry. “I am sure that the blue and yellow in the middle of Herd Country must be odd to see for some, especially this time of the year with football season,” said McClaskey. “Rest assured though, it is not some bold representation of the Mountaineers of [West Virginia University], in fact the owners of the new dispensary are actually Ukrainian immigrants who have lived and built many successful businesses across Colorado, California, Michigan, New Jersey, and now here in West Virginia.”

According to NBC News as of a year ago, more than 271,000 people have been admitted into the U.S. since the Ukraine-Russia war began.

West Virginia shared a border with five states, including. Kentucky, Maryland, Ohio, Pennsylvania, and Virginia. Maryland adult-use cannabis sales began in July 2023 and as of Jan. 8, the state has collected more than $700 million in sales. Meanwhile, Ohio became the 23rd state to legalize adult-use cannabis in November 2023. Pennsylvania legalized medical cannabis back in 2016 but advocates are still working to get adult-use passed.

Kentucky Gov. Andy Beshear has continually provided updates on the progress of the state’s medical cannabis program, and reported in October 2023 that it isn’t expected to launch until January 2025.

Virginia legalized adult-use cannabis in 2021 with a goal of legal sales beginning this month, but state legislators have not yet implemented a regulatory framework. Virginia NORML Executive Director JM Pedini spoke with WUSA9 about the delay. “This is really frustrating for Virginians right now,” JM Pedini said. “It is entirely typical for there to be some amount of time between the date that legalization takes effect in the state and the date that retail sales can begin. But three years is far too long.” Reports from late last year also showed that like people in West Virginia, Virginia medical cannabis patients residents are traveling to other states to get their medicine.

Ukrainian immigrants looking for a better future are turning to opportunities in medical cannabis in multiple states.

The Herald-Dispatch reports that a pair of Ukrainian immigrants are owners of a new dispensary opening up in Huntington, West Virginia. While one of the operators emigrated to the U.S. decades ago, they are proudly supporting their home country as it battles Russian forces.

Over 271,000 Ukrainian refugees have been admitted to the U.S. since Russia invaded Ukraine over a year ago, according to the Department of Homeland Security, as of Last February. 117,000 of those came via the Biden administration’s “Uniting for Ukraine” program, which allows Americans to sponsor Ukrainians.

Huntington Gardens co-owner Frederick Bartolovic, professor from Marshall University’s Art Department, and his partner Michelle Strader painted a Ukraine-inspired mural on the building with yellow and blue to show support for the homeland. Co-owner Rita Tsalyuk, a cannabis entrepreneur and native of Ukraine, left her country over 30 years ago, but is promoting awareness for the injustices of Russia’s invasion of Ukraine.

Some immigrants are working their way into the cannabis industry in multiple states, including West Virginia. Kayla McClaskey told the paper that she is opening a new dispensary in Huntington for the Colorado-based multistate operator Yuma Way.

“Huntington Gardens at 1338 3rd Avenue should be open by mid-October,” McClaskey told The Herald-Dispatch. “We still haven’t made a decision on our hours of operation, but will finalize all of that [once] our inspections are complete and we are closer to opening.”

​​​​​​Senate Bill 386, signed into law on April 19, 2017, by Gov. Jim Justice, created the Medical Cannabis Act that allows for cannabis to be used for certified medical use. Huntington is the second-largest city in West Virginia, and dispensaries are just beginning to open in the city.

“I am sure that the blue and yellow in the middle of Herd Country must be odd to see for some, especially this time of the year with football season,” McClaskey said. “Rest assured though, it is not some bold representation of the Mountaineers of WVU, in fact the owners of the new dispensary are actually Ukrainian immigrants who have lived and built many successful businesses across Colorado, California, Michigan, New Jersey, and now here in West Virginia.”

Members of the Worldwide Cannabis Community Stand with Ukraine

High Times reported in April 2022 about the small but growing cannabis community in Ukraine that’s standing strong with their country as the nation resists the Russian invasion.

One group, Freedom March, has been advocating for progressive drug policy, leading demonstrations for the legalization of cannabis in Ukraine and defending the rights of medicinal cannabis patients since 2005. Freedom March member Nazarii Sovsun says the majority of the group’s activists are involved in the resistance to the Russian invasion in some fashion.

Freedom March has launched a fundraising campaign, Cannabis Stands with Ukraine, that is seeking donations from the worldwide cannabis community and freedom lovers everywhere. Donations to Freedom March will support the cause in conjunction with the Kyiv School of Economics Charitable Foundation, which has already purchased nearly $300,000 worth of emergency medical supplies for delivery to the region, according to wire transfer documentation and invoices provided by Sovsun.

Reform is taking place on Ukrainian soil as well. Ukrainian President Volodymyr Zelensky last June called on lawmakers to legalize medical cannabis, saying the treatment could provide relief to those in the country suffering from the “trauma of war.” 

Huntington’s First Dispensary

Berner, as it turns out, was the first entrepreneur to open up a dispensary in the city, as part of his large dispensary chain Cookies, according to a Sept. 22 press release. Cookies opened their first West Virginia cannabis dispensary on Saturday, Sept. 23 at 2689 5th Ave. in Huntington.

Cookies is partnering with local retailer Country Grown Cannabis to open the Cookies dispensary at 2689 5th Ave in Huntington on Saturday, Sept. 23. Cookies is also collaborating with West Virginia professional growers Harvest Care Medical to cultivate Cookies’ acclaimed cannabis cultivars.

“We have been working hard to ensure the highest quality product is ready for the market, and we are excited to offer Cookies products to the growing number of West Virginia patients in need of medical cannabis,” Berner said in a press release. “We can’t wait for West Virginia patients to enjoy our world-class staple menu, and experience a cannabis dispensary like no other—an experience that Cookies is proud to bring to West Virginia.”

The opening of Huntington Gardens and the latest Cookies location provide choices for residents of the city who are taking advantage of West Virginia’s fairly recent medical cannabis law.

A West Virginia cannabis advocacy group called Charleston Can’t Wait has recently been collecting signatures to put a decriminalization measure on the ballot this November in Fairmount and Charleston.

The organization is connected to West Virginia Can’t Wait, which is led by former 2020 governor candidate Stephen Smith. Described as “a movement to win a people’s government in the Mountain State,” it strives to support political candidates who represent the people of West Virginia and aren’t accepting donations from corporations or the fossil fuel industry.

Charleston Can’t Wait is on track to collect the required 2,000 signatures for its decriminalization effort by July 14. As of May 27, the organization’s Facebook page reported an update on the overwhelming support from local residents. “We’re a whole heap of signatures closer tonight! Why? Because nearly every single person we ask says YES,” the organization said on its social media.

If voted into law, those caught in possession of cannabis would be charged a fine similar to that of a speeding ticket. “So, that’s what the goal is, and essentially, the ordinance that we have would do. It’s commonly referred to as, ‘No fines, no time and no court costs,’” said West Virginia Can’t Wait Director Sarah Hutson.

According to the Times West Virginia, Charleston Can’t Wait is aiming to collect 3,000 signatures in Fairmount. Only 2,010 are required, which is 15% of the city’s 13,402 residents, but they currently have under 100 signatures. In Charleston however, only 1,919 valid signatures are required, and over 1,000 signatures have been collected so far.

“In Charleston’s Charter, you do not need to pre-file to do a ballot initiative, you just start collecting signatures and then turn them in at the end,” Hutson said. “Whereas, here in Fairmont, you have to actually start with a committee of five people who are going to be responsible for the petition and you have to have an affidavit signed by each of them, then the city provides the format of the signature collection.”

Fairmount was chosen as a focus location because the organization had previously been established there in 2020 with Smith’s run for governor. To Hutson though, it was a matter of local support. “We didn’t really choose Fairmont, Fairmont chose us.”

West Virginia passed a medical cannabis law in 2017, which was signed by Gov. Jim Justice. However, the state didn’t open up license registration until May 2021, which initially began with 1,400 applicants and quickly increased to 4,000 by November 2021. West Virginia welcomed the opening of its first dispensary, located in Morgantown, in November 2021.

Medical cannabis dispensary rollout has continued, albeit not at a rapid pace. According to West Virginia Public Broadcasting, seven out of the 10 cultivators are operational now, but only 17 out of the state’s 100 dispensary allowances are currently open.

Johnny McFadden, co-founder of Mountaineer Integrated Care, explained that the state’s 17 dispensaries aren’t enough to serve the state’s many medical cannabis patients. “Unfortunately, they’re not spread out, especially the Eastern Panhandle.” said “You look at the map, there’s nothing, and that is a huge barrier to patient access right now.” To date, West Virginia’s Office of Medical Cannabis has received 10,031 medical cannabis patient applications.

McFadden added that the desire to hire local has caused a few delays. “You couldn’t possibly have legal cannabis experience as a potential employee, unless you’re breaking the law, which makes it tough to put it on a resume,” McFadden said.

Charleston Can’t Wait advocates are regularly hosting education and signature collecting events, which are happening nearly every weekend between now and July 14.

A West Virginia group is working on a ballot initiative to decriminalize the possession of small amounts of cannabis.

West Virginia Can’t Wait Field Director Sarah Hutson said if enough citizen petitions are approved, and then voters pass the initiative, cannabis possession would be handled similar to a speeding ticket. Possession within Fairmont city limits would still count as a misdemeanor charge, but there would be no jail time, associated fees or court costs.

“So, that’s what the goal is, and essentially, the ordinance that we have would do. It’s commonly referred to as, ‘No fines, no time and no court costs,’” Hutson said.

West Virginia Can’t Wait is a grassroots political movement headed by Stephen Smith, who ran for West Virginia governor in 2020. Its members work to recruit, train and back “No-corporate cash candidates,” and give back to community leaders who “do the work that the government fails to do,” according to their website.

Now, they are experimenting with three municipal ballot campaigns in cities in West Virginia. In Charleston and Fairmont they are working for the decriminalization of cannabis possession and in Morgantown they are working on improving housing conditions. [Read more at Cumberland Times-News]

It has taken a little more than four years, but West Virginia has finally opened its first medical marijuana dispensary. 

Trulieve, a cannabis company with retail locations in multiple states, has officially opened shop. It marked the occasion by holding a ribbon cutting event in Morgantown, West Virginia on Friday, completing plans it first initiated earlier this year when it received dispensary permits from the state.

“We’re thrilled to be first to market in West Virginia and to continue building the foundation for the West Virginia’s emerging medical cannabis market,” Kim Rivers, the CEO of Trulieve, said in a statement.

“Our team is especially eager to leverage our first-mover advantage to bolster local economies by creating sustainable jobs and investing in marginalized communities. We look forward to serving West Virginia patients, who have been patiently waiting for this day to arrive, with an unparalleled retail experience and the high-quality medical cannabis products they can rely on for safe and effective relief.”

The company said it “first announced plans to enter West Virginia in February 2021 after securing four dispensary permits from the state’s Office of Medical Cannabis.” Over the last three months, Trulieve said it “has strategically scaled its cultivation capacity to meet forthcoming patient demand and plans to open more dispensary storefronts across West Virginia in the coming year,” while also establishing partnerships with various community organizations throughout the Mountain State.

“The company participated in several educational and community events this October and will continue its efforts assisting future patients and partnering with healthcare practitioners around the applications of medical cannabis,” the company said in a press release.

A publicly traded company, Trulieve bills itself as “an industry leading, vertically integrated cannabis company and multi-state operator in the U.S. operating in 11 states, with leading market positions in Arizona, Florida, and Pennsylvania.”

Friday’s opening of the retail location in Morgantown is a long time coming for medical cannabis advocates in West Virginia. 

Lawmakers in West Virginia passed a bill legalizing medical marijuana in 2017, and the bill was signed into law by Republican Governor Jim Justice.

But as has been the case in other states that have legalized the treatment, the rollout of the new medical cannabis law has been slow. In West Virginia’s case, the implementation of the law was “initially delayed because of concerns about who will provide banking services to the state’s medical cannabis program and to medical cannabis businesses,” according to the Marijuana Policy Project.

Legislators in the state sought to mitigate the dilemma with the passage of a 2019 bill “that allowed credit unions to bid for the state’s account and sought to protect state employees from potential prosecution,” MPP explained. Justice signed the legislation into law.

Earlier this year finally brought meaningful progress. In May, West Virginia finally opened up registration for eligible patients to join the medical marijuana program. 

Per the state’s Office of Medical Cannabis, patients suffering from the following qualifying conditions are eligible to join the program: cancer, position status for human immunodeficiency virus or acquired immune deficiency syndrome, amyotrophic lateral sclerosis, Parkinson’s disease, multiple sclerosis, damage to the nervous tissue of the spinal cord with objective neurological indication of intractable spasticity, epilepsy, neuropathies, Huntington’s disease, Crohn’s disease, post-traumatic stress disorder, intractable seizures, sickle cell anemia, severe chronic or intractable pain of neuropathic origin or severe chronic or intractable pain and terminal illness that is defined as a medical prognosis of life expectancy of approximately one year or less if the illness runs its normal course.

Shortly after opening up registration in May, the Office of Medical Cannabis said that it had received nearly 1,400 applications from would-be patients. That number has grown considerably since then. 

Trulieve said that, as of November 4, the office had received more than 4,000 applications. 

Many medical cannabis patients in the state have been fighting for safe access for years. On Friday morning, the first legal purchase of medical cannabis in the state was made by a combat veteran Sgt. Rob Frye, according to The Record Delta. After working in the U.S. Army for nearly two decades, Sgt. Fyre was medically retired and received a Purple Heart, due to being hit by a roadside bomb in 2003. “I came home to West Virginia, and I’ve been fighting for the legalization of marijuana ever since,” he shared.

Over the past couple of weeks, we’ve talked a lot about what is happening at the federal level – with the passage of the SAFE Banking in the House of Representative, the reintroduction of the Marijuana Opportunity Reinvestment and Expungement (MORE) Act, and the introduction of many bills, we’ve seen the momentum continue to rise in the 117th Congress. So this week, I’m going to go over numerous updates happening at the state level. When we see movement at the state level, this directly correlates to success at the federal level, although not immediate. Think about it… more constituents voting in support of cannabis initiatives and more state legislators speaking in favor of moving cannabis measures means more overall support in the United States. That support at the local and state levels streamlines up to members of Congress at the federal level. So let’s take a look at a few updates in the states.

Wyoming

In Wyoming, lawmakers failed to pass a bill to legalize marijuana this session. However, last week two measures were submitted to the state to place medical cannabis legalization and adult-use decriminalization measures before voters on the 2022 ballot. 

Connecticut

Last week, Governor Ned Lamont (D) said he’ll be upset if the legislature fails to deliver him a bill to legalize marijuana in a special session that is set to take place this week. The Senate approved a legalization proposal in the final days of the regular session last week, but an expected House vote was called off as time ran short in the face of Republican opposition and threats to a filibuster.

Ohio, South Carolina, and West Virginia

The Sensible Movement Coalition (SMC), an Ohio-based marijuana group, is helping campaigns in West Virginia and South Carolina get cannabis decriminalization on their local ballots this year. SMC has traditionally pushed for reforms within Ohio – and has seen multiple successes in getting decriminalization enacted there – they’re now lending expertise to activist-led campaigns in other traditionally conservative states. 

Nebraska

Marijuana activists are gearing up for a “mass scale” campaign to put medical cannabis legalization on the state’s 2022 ballot after the state legislature failed to pass a bill to enact the reform this session. 

Rhode Island

For the first time in Rhode Island, a bill to legalize cannabis for recreational use has advanced in the state. The Judiciary Committee approved a marijuana legalization bill that’s being championed by leadership in the chamber. 

Texas and Louisiana

The governors of Texas and Louisiana on Thursday separately indicated that they will sign marijuana reform bills that have recently been delivered to their desks. 

Delaware

A vote on a marijuana legalization bill that was scheduled in the House of Representatives was canceled, despite attempts to propose amendments to reach the three-fifths supermajority support. Rep. Edward Osienski (D), who filed the measure, said lawmakers need more time to consider a series of proposed changes before reaching a consensus and moving forward. 

Texas

A newly formed progressive coalition that’s being led by two former Democratic congressional candidates, Julie Oliver and Mike Siegel, is aiming to take cannabis and other issues directly to voters by putting reform measures on local ballots across the state. Although Texas legislators made progress this session on some marijuana policy changes, activists were hoping for more. The new coalition, Ground Game Texas, works to engage voters on issues like marijuana reform that are popular among young people and Democrats.

These are just a few of the many updates that are happening state by state. It’s extraordinary to see the momentum building throughout the country with the help of advocates and public support. I implore you to get involved with state initiatives to propel cannabis policy reform forward, as every person has a voice to be heard. To keep updated on what’s happening at the state level please be sure to check out our state policy map that can be found HERE. Additionally, I would love the opportunity to hear from you about the difficulties you face in the cannabis space. If you have the time please feel free to email me at Madeline@TheCannabisIndustry.org. 

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It’s been four years since West Virginia legalized medical cannabis, and until now, they have not had an actual program in place for patients to get relief. Now, eligible patients can finally register and officially become a part of the program.

While medical cannabis business permits started being awarded as far back as October of last year, it has taken this long for them to get things up and running for patients to be able to get involved. The state just recently was able to get a testing lab approved, which was a missing step necessary for the program to move forward.

Patients who suffer from cancer, HIV/AIDS, Parkinson’s disease, multiple sclerosis, epilepsy, and chronic pain are eligible to register. In order to get medical cannabis, like in other legal states, patients must get a recommendation from a registered doctor. In order to get a medical cannabis card, once they are approved, patients can visit medcanwv.org.

Now that sales are on track to start, they are expected to reach up to $700,000 this year in the state. 

A Promising Start For Medical Cannabis In West Virginia

As of Monday of this week, according to the Office of Medical Cannabis, a subset of the Department of Health and Human Resources, almost 1,400 applications have been received from potential patients.

“There are many West Virginians who are experiencing chronic pain due to a serious medical condition,” said Dr. Ayne Amjad, the state health officer and commissioner of DHHR’s Bureau for Public Health. “Registering for a medical cannabis card through the web portal will ensure these patients will have access to medical cannabis at the time products are available, which is anticipated by fall 2021.”

So far, DHHR has announced Analabs Inc. as the testing laboratory for the industry. In total, The Office of Medical Cannabis has granted licenses to 100 dispensaries as well as 10 growers and 10 processors to produce the product. Of the dispensaries, there are 32 different companies, and 23 counties will be dispensary sites.

This will probably be the extent of the program growth so far, as the state’s legislature has capped the program at 10 permits for growers and 10 for processors. However, it remains to be seen whether or not this will be enough to supply the fledgling industry.

The reason it took so long to get medical cannabis up and running in West Virginia has to do with the issues the state encountered in 2019 regarding fees, penalties and taxes and how to handle them with the new industry. A lot of that had to do with federal laws and issues with banking, and now that a federal bill has been passed to support cannabis banking, the industry was able to move forward. 

This is all good news, but even though the industry was able to move forward, they still have not been able to pass a law that adds more dispensaries, processors, and growers. Smokable cannabis and edibles, to favorites for many patients, are also still not allowed. West Virginia only allows for cannabis vaping, but it is not clear how that law will be enforced once product is purchased. 

“The timing is based on the progress that the growers and processors are making to continue to build out the industry,” said DHHR spokesperson Andrea Lannom. “We anticipate that products will be available to consumers in the fall, but that can change if delays with these two groups are experienced.”

While there have been many setbacks, and it’s unclear what the future of cannabis looks like in West Virginia, medical patients across the state are rejoicing that they can finally get the product they need.