West Virginia Bill Would Let Doctors Decide Who Qualifies for Medical Marijuana, Removing Set Condition List

OG article by Anthony Martinelli

February 4, 2026

A bill in West Virginia seeks to overhaul the state's medical cannabis program by eliminating the fixed list of qualifying conditions. House Bill 5092, introduced on February 3, 2026, by Delegates Mike Pushkin (D), Hollis Lewis (D), and Rick Garcia (D), would allow physicians to certify patients based on their professional judgment if they believe cannabis could benefit a serious medical condition. The current law restricts access to specific diagnoses such as cancer, HIV, Parkinson’s, multiple sclerosis, Crohn’s, PTSD, and terminal illness. The proposed change aims to give doctors greater discretion in treatment decisions, potentially expanding eligibility to a wider range of patients. The bill has been referred to the House Health and Human Resources Committee for review. If passed, it could make medical cannabis more accessible by removing statutory barriers and relying on medical expertise instead of predefined categories. No further legislative progress is noted yet. This reform reflects ongoing efforts to modernize state medical cannabis policies.