West Virginia Marijuana Laws

Recreational laws in West Virginia are strict, and a first-time possession charge is punishable by a minimum of 90 days incarceration. Medical marijuana patients who are registered with the Bureau of Health may purchase marijuana from a licensed dispensary and possess up to a 30-day supply which is determined per patient.

West Virginia marijuana laws
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West Virginia cannabis law only allows marijuana for medicinal uses. The drug is not decriminalized, so all other offenses are criminal. Nonetheless, penalties are relatively forgiving.

Possession

It is a misdemeanor in West Virginia to possess any amount of marijuana for any use. A mandatory minimum penalty of 90 days in jail applies, as does a maximum of 6 months and a top fine of $1,000.

Offense Penalty Incarceration Max. Fine
Any amount Misdemeanor 90 days – 6 months $ 1,000

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Sale or Distribution

Sale or distribution of any amount of cannabis is a felony in West Virginia and is punishable by at least 1 year in jail, as many as 5 years in prison, and up to $15,000 in fines. Transporting the drug into the state is also a felony and carries similar penalties.

A mandatory minimum sentence of 2 years in prison is imposed for sale or distribution to a minor or within 1,000 feet of a school. Sale and distribution penalties also apply to possession with intent to distribute.

Offense Penalty Incarceration Max. Fine
Any amount Felony 1* – 5 years $ 15,000
Trafficking marijuana into WV Felony 1* – 5 years $ 15,000
To a minor or within 1000 ft of a school Felony 2 years* N/A
Includes possession with intent to distribute
* Mandatory minimum sentence

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Cultivation

Cultivation is treated as possession in West Virginia. The same weight limits and penalties apply.

Offense Penalty Incarceration Max. Fine
See Possession and Sale sections for details.

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Hash and Concentrates

Hashish, hash oil, and other marijuana concentrates are treated the same as regular bud under West Virginia marijuana law. The same weight limits and penalties apply.

Offense Penalty Incarceration Max. Fine
Penalties for hashish are the same as for marijuana. Please see the marijuana penalties section for further details.

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Paraphernalia

Marijuana paraphernalia is barred by statute in West Virginia unless it’s intended, marketed, and used solely for legal purposes. Paraphernalia includes any items used in the cultivation, harvesting, processing, testing, analysis, storage, or consumption of marijuana.

It is a misdemeanor to commit any offense that involves all or part of an illegal drug paraphernalia business, a crime punishable by a minimum of 6 months in jail, a maximum of 1 year, and a top fine of $5,000.

Offense Penalty Incarceration Max. Fine
Involving all or part of an illegal drug paraphernalia business Misdemeanor 6 months* – 1 year $ 5,000
* Mandatory minimum sentence

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Miscellaneous

Attempting to adulterate a drug test is a misdemeanor in West Virginia and comes with a top penalty of 1 year in jail and $10,000 in fines. Conviction of a felony committed with the use of a motor vehicle will lead to permanent revocation of driving privileges.

Forfeiture
Everything involved in the production and transportation processes of controlled substances are liable to be forfeited.

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Miscellaneous Penalty Incarceration Max. Fine
Attempts to adulterate drug screening test Misdemeanor 0 – 1 year $10,000
Mandatory driver’s license revocation for any felony offense when a motor vehicle is used in its commission.

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Medical Marijuana

MEDICAL MARIJUANA

A comprehensive medical marijuana law has been signed in by Gov. Jim Justice, although the new program is not yet operational. The Bureau of Public Health will begin to issue marijuana patient ID cards on July 1, 2019.

QUALIFYING CONDITIONS:

  • Amyotrophic lateral sclerosis
  • Cancer
  • Crohn’s disease
  • HIV/AIDS
  • Epilepsy
  • Huntington’s disease
  • Intractable seizures
  • Multiple sclerosis
  • Neuropathies (chronic nerve pain)
  • Parkinson’s disease
  • Post-traumatic stress disorder
  • Severe chronic or intractable pain
  • Spinal cord damage
  • Sickle cell anemia.
  • Terminal illness

PATIENT POSSESSION LIMITS:
Patients are allowed to possess a “30 day supply” of cannabis-infused products. Patients can obtain medical marijuana in any of the following forms:

  • Flower
  • Oils
  • Tinctures
  • Pills
  • Topicals
  • Patches

HOME CULTIVATION:
No

STATE-LICENSED DISPENSARIES:
Yes

CAREGIVERS:
Yes. A qualified medical marijuana patient may designate no more than two caregivers. Each caregiver can serve a maximum of five patients at any one time.

RECIPROCITY:
Yes, only for terminally ill patients.

Marijuana Attorney Directory

West Virginia Marijuana Attorneys

The following West Virginia lawyers are actively involved in the practice of cannabis law:

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