HB 5188 West Virginia House of Delegates · 2026 Regular Session

Authorizing possession and smoking of medical cannabis by approved persons

HB 5188 allows certified patients and their caregivers to legally possess and smoke medical cannabis in West Virginia under specific conditions. It authorizes only certain forms (like pills, oils, topicals, vaporized products, and flowers), prohibits dry leaf/plant forms initially, and requires identification cards issued by the state bureau. Certified patients may have up to two caregivers, who can serve no more than five patients each. The bill explicitly permits smoking - previously prohibited under state law - and mandates that unused cannabis remain in original packaging. It affects only those with valid medical cannabis certifications and identification cards.
Bill status in committee 1 of 4 stages cleared
Introduction
Feb 2026
Committee Review
Floor Vote
Governor
Introduced Feb 4, 2026 Last action Feb 4, 2026
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Full legislative history

Actions timeline

Total actions
4
Key actions
0
Committee
2
Feb 4, 2026
Committee
To House Health and Human Resources
lower
Feb 4, 2026
Introduced
Introduced in House
lower
Feb 4, 2026
Committee
To Health and Human Resources then Judiciary
lower
1 primary · 0 co-sponsors

Sponsors

Role
Legislator
Party
State
District
P
Photo of Mike Pushkin
Mike Pushkin
DDemocratic
WV
54