Medical Marijuana Treatment is gaining fame day by day as Medical Marijuana Treatment is getting legalized across the states. West Virginia has legalized the medical marijuana treatment. The research on the medically useful aspects of Medical Marijuana is ongoing. Along with research, several surveys also back up the claims of pain-alleviating properties of marijuana. It does not only manage pain, but it is also known for soothing various symptoms of a range of conditions. In the face of all of this, the practice of including medical marijuana in healthcare still faces a considerable amount of stigma.  

Therefore, the state provides some legal rights and protections to medical marijuana card holders.

These rights and protections aim to give access to medical marijuana to deserving patients without facing any stigma, discrimination, or legal issues.

In this article, we will discuss how the medical marijuana program protects the rights of the card holders:

Legal Possession and Use

Recreational marijuana is not legal in the state of West Virginia. Nor is its possession and use. However, medical marijuana card holders are legally permitted to have the possession of medical marijuana. They are also allowed to use medical marijuana for their conditions. See more conditions at While using medical marijuana as per the prescription of certified healthcare professionals, the cardholders will fear no legal consequences against this action.

Employment Protections

Due to the stigma against marijuana in society, medical marijuana cardholders may face some discrimination in the workplace.


The protection laws make sure that medical marijuana users Do not face any adverse behavior or action from their employees just because they use medical marijuana.

Legal action can be taken against anyone who discriminates against cardholders for this reason.

Housing Rights

House owners and landlords in West Virginia can not discriminate against patients who use medical marijuana products. They are safeguarded from unfair eviction due to the sole reason of using medical marijuana products.

Nevertheless, landlords have the right to prohibit smoking of medical marijuana products. Other forms, such as oils, liquids, patches, and topical forms like ointments, creams, and gels, are allowed.

Child Custody and Visitation

The parental rights of medical marijuana cardholders can not be undermined solely because of the usage of medical marijuana.

The custody and visitation shall be decided based on the best interest of the children and the status of a parent as a medical marijuana cardholder.

Protection from Arrest and Prosecution

Medical Marijuana Cardholders in West Virginia will not be subjected to arrest and prosecution for using medical marijuana products if used lawfully.

A valid medical marijuana card acts as a solid defense against the arrest and prosecution for possessing and using medicinal marijuana products.

Cardholder’s Privacy and Confidentiality

Medical Marijuana Cardholder’s personal and medical details are kept private. It is protected by privacy laws and can not be disclosed without the permission of the cardholder.

Health professionals and medical dispensaries are bound to follow the privacy rules under the privacy law so that the information of patients can be kept confidential. They can not disclose the information regarding the patient to anyone unless it is consented by the cardholder.

Implications of Traveling across the state with Medical Marijuana

Medical Marijuana is legal in West Virginia, but when you are traveling across the state, there can be complications as it is legal only in some specific states.


Federal law also prohibits crossing state borders while possessing marijuana.

Therefore, traveling outside the state of West Virginia as a Medical Marijuana cardholder may get you into legal complications.

Self-Defense and Second Amendment Rights

Cardholders of medical marijuana have self-defense and Second Amendment rights.

However, they are not allowed to purchase any firearms during the period they are using medical marijuana products under the state law of West Virginia regarding medical marijuana treatment.


The legalization of medical marijuana in West Virginia and its integration into medical treatments is a fairly new and effective process to help with chronic pain and treat a range of health conditions. West Virginia issues a medical marijuana card to the eligible patients. This card allows them to get access to medical marijuana products from verified medical dispensaries across the state. There are certain laws which are there to protect the personal and medical privacy of the cardholders. There are a range of laws that protect the confidentiality of the patients who use medical marijuana products.