WV Office of Medical Cannabis (OMC) — Bureau for Public Health

Last verified: May 2026

Why a Bureau, Not an Independent Commission

When Sen. Richard Ojeda (D-Logan) introduced SB 386 in the 2017 West Virginia regular session, his original draft contemplated an independent Medical Cannabis Commission — a stand-alone regulatory body with its own board, dedicated staff, and a relatively autonomous budget, similar to the model adopted in Maryland and Pennsylvania. The version that became law instead lodged the program inside the existing Bureau for Public Health, an arm of what is now the West Virginia Department of Health (formerly DHHR). That structural choice carried two consequences that have shaped the program ever since.

First, the Bureau-based structure put cannabis under the same agency that handles Medicaid, vital records, immunizations, and drug-control policy. That made the program slower to staff up — the Bureau was not designed to license private retail businesses. Second, it tied cannabis decision-making to the priorities of the sitting governor and Bureau Commissioner rather than an arms-length board with cannabis-specific expertise. The result was the four-year delay from 2017 signing to November 12, 2021 first sale.

Establishment Date — February 3, 2021

Although SB 386 was signed April 19, 2017, the OMC was not formally established within the Bureau for Public Health until February 3, 2021 — when patient registration opened. Between 2017 and 2021, regulatory work proceeded under interim Bureau staff while the Legislature passed cleanup amendments (HB 2538 banking, SB 1037 vertical integration, SB 339 dry-leaf vaporization) and the OMC’s rulemaking and permit-issuance work moved forward. The COVID-19 pandemic, beginning in March 2020, drew Bureau resources into emergency response and slowed everything else — including cannabis program stand-up. See the four-year-delay page.

Contact & Location

• Address: 350 Capitol Street, Room 523, Charleston, WV 25301 (one block from the West Virginia State Capitol)
• Main: (304) 356-5090
• Toll-free: 844-949-1709
• Email: medcanwv@wv.gov
• Web: omc.wv.gov
• Director: Jason Frame (since the program’s permit-issuing phase)

Functions

The OMC performs every administrative function of the West Virginia medical cannabis program:

• Patient registration. Reviews physician certifications, issues 1-year cards, processes $50 annual application fees and hardship waivers, and maintains the patient registry.
• Physician registration. Approves MDs and DOs to certify patients after they complete the OMC’s mandatory 4-hour course; ~123 physicians and 26 telemedicine companies were registered as of late 2025.
• Caregiver registration. Approves up to 2 caregivers per patient (with state and federal background checks) under W. Va. Code § 16A-3-1.
• Permit administration. Issues, renews, and oversees compliance for grower, processor, and dispensary permits.
• METRC integration. Operates the state seed-to-sale track-and-trace system that enforces the 30-day patient supply limit in real time across dispensaries.
• Inspections. Conducts on-site inspections of growers, processors, and dispensaries.
• Lab testing oversight. Coordinates with independent testing laboratories for potency, residual-solvent, pesticide, microbial, and heavy-metal testing.
• Public reporting. Publishes program statistics through The Transparency Project including patient counts, sales, dispensary locations, and product-form mix.
• Tax administration. Collects the 10% privilege tax under W. Va. Code § 16A-9-1; deposits to the Medical Cannabis Program Fund.

The Medical Cannabis Advisory Board (MCAB)

The Medical Cannabis Advisory Board, created by SB 386 and operating under the OMC’s umbrella, meets to review petitions for new qualifying conditions and to advise on regulatory matters. The MCAB recommended whole-plant access in 2018, which led to SB 339 (2020) adding "dry leaf or plant form" for vaporization. Despite repeated petitions, the MCAB has not yet recommended adding opioid use disorder (OUD) as a standalone qualifying condition — though severe chronic pain (an existing condition) pulls in many patients with prior opioid exposure. The MCAB is the primary administrative path to expand the qualifying-conditions list under W. Va. Code § 16A-2-1.

Director Jason Frame

Jason Frame has served as OMC Director since the program’s permit-issuance phase, including the issuance of the 10 grower permits on October 2, 2020 and the announcement of 100 dispensary permits on January 29, 2021. Frame has been the public face of the program for trade media (The Dominion Post, Mountain State Spotlight, West Virginia Watch), reporting program statistics, defending operational decisions, and signaling rulemaking direction. The OMC director’s position remains housed under the Bureau for Public Health Commissioner and ultimately the Governor’s office, which means cannabis policy is responsive to executive-branch priorities — relevant in 2025-2026 under Gov. Patrick Morrisey’s opposition to expansion.

Program Statistics (May 2026)

Per OMC public reporting and The Dominion Post March 19, 2026:

• ~35,553 active cardholders (late September 2025); ~35,202 (December 2025)
• ~65 operational dispensaries of 73 active permits (out of 100 statutory cap)
• 9 operational growers (of 10 cap)
• 9 operational processors (of 10 cap)
• ~$94M in 2024 retail sales, a 37% jump over 2023
• >$220M cumulative sales through May 2025; likely >$300M by spring 2026
• ~$38M cumulative tax collected per WV Treasurer Larry Pack, March 2026
• ~2,000 jobs direct and indirect statewide

Where the OMC Sits in WV Government

The OMC → Bureau for Public Health → West Virginia Department of Health → Office of the Governor. That chain matters: Gov. Morrisey’s 2026 veto of HB 5074 (which would have reallocated ~$38M in accumulated cannabis program funds to homelessness, child welfare, and university research) was an executive-branch action over a fund the OMC administers. Treasurer Larry Pack proceeded to disburse the funds in April 2026 anyway, citing statutory requirements. See tax-structure page.

Related on this site: WV 30-Day Supply Limit, How to Get a West Virginia Medical Ca..., WV: No Edibles.