West Virginia’s full House of Delegates has voted in favor of legislation that would allow medical cannabis dispensaries sell edibles.
House Bill 5260 was approved by the full House through its second reading, positioning the proposal for a final vote expected soon. If the measure receives approval on third reading, as is expected, it will be sent to the West Virginia Senate for consideration.
The bill was filed in February by nine Republican lawmakers led by Delegate Jeff Eldridge (R). The proposal mirrors Senate Bill 892, a companion measure introduced in the Senate by State Senator Jack Woodrum (R), State Senator Bennett Queen (R), and State Senator Zachery Maynard (R).
House Bill 5260 would amend West Virginia’s Medical Cannabis Act to allow licensed processors to manufacture marijuana-infused edible products for registered patients. Current state law allows forms such as oils, pills, tinctures, gels, creams, liquids, dermal patches and plant material for vaporization, but edible products are not included.
Under the proposal, edible medical marijuana would become a legal option for patients provided products comply with strict regulations covering potency, appearance, labeling and packaging.
The bill limits each serving of an edible product to no more than 10 milligrams of THC. It also establishes rules regarding the physical shape of products, restricting them to basic geometric forms such as squares, rectangles, circles, ovals, diamonds and parallelograms. Edibles would be barred from resembling candy, fruit, animals, cartoons or any item commonly associated with products marketed to children.
Packaging requirements are also outlined in the legislation. Each edible would need to be individually sealed in opaque packaging displaying West Virginia’s universal cannabis symbol on both sides. Labels would be required to include warnings stating the product is intended for medical use only, advising against use during pregnancy or breastfeeding, cautioning against operating machinery after consumption and instructing patients to keep the product in its original container.
House Bill 5260 would also require dispensaries to report information about edible medical marijuana dispensed to patients to the state’s Controlled Substances Monitoring Program Database. The reporting would include details such as the patient’s name, the certifying practitioner, the form of marijuana dispensed and the quantity provided.
With second reading approval now secured, the proposal awaits one final vote in the House before it could advance to the Senate. Approval in the Senate will send the bill to Governor Patrick Morrisey.
