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.
LAW BREAKDOWN
LAW BREAKDOWNS
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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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.
West Virginia Marijuana Attorneys
The following West Virginia lawyers are actively involved in the practice of cannabis law:
