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West Virginia's Medical Cannabis Act (W. Va. Code ch. 16A, operational since 2024) permits only state-licensed growers to cultivate cannabis and bars patient home cultivation, so patients have no lawful reason to possess viable marijuana seeds, and seed sales or gifts are prosecutable as delivery of marijuana under § 60A-4-401. A 2024-introduced home-grow bill (HB 5259, 10 plants) has not become law as of July 2026. Hemp seed may be planted only by growers licensed by the WV Department of Agriculture under the Industrial Hemp Development Act (§ 19-12E-1 et seq.), which requires certified low-THC seed sources.
