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Is Weed Legal In West Virginia? (West Virginia Marijuana Laws)

Is Weed Legal In West Virginia - Is Marijuana Legal In West Virginia - West Virginia Marijuana Laws

Is weed legal in West Virginia?

This article is going to cover:

  • West Virginia marijuana laws
  • legalization of recreational marijuana
  • medical marijuana legalization
  • House and Senate Bills for West Virginia weed laws
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Is Weed Legal In West Virginia?

Weed is not legal in West Virginia for recreational use.

But weed is legal in West Virginia for medical use.

West Virginia Weed Laws

Let’s look at the different types of West Virginia weed laws. 

OffensePenaltiesJail TimeMax Fines
Possession
Any AmountMisdemeanor6 months$1,000
Sale Or Distribution
Any AmountFelony5 years $15,000
TraffickingFelony5 years $15,000
To Minors / In School ZonesFelony2+ years N/A
Cultivation
Same penalties as Possession/Selling.
Hash & Concentrates
Same penalties as Possession/Selling.

Marijuana Possession Laws

These are the marijuana laws for personal possession of marijuana.

Recreational weed has not gotten decriminalized in West Virginia for adult use.

Possession of any amount of cannabis products is a misdemeanor in West Virginia.

And possession of marijuana is punishable by up to 6 months in jail and a $1,000 fine.

These same penalties apply to:

  • edibles
  • concentrates
  • tinctures
  • CBD oils with THC content
  • dermal patches
  • nebulization of “dry leaf” recreational marijuana

Note that you can get conditionally discharged for the first offense.

But this is only if your first offense is for possession of fewer than 15 grams of weed.

Related: How Many People Are In Jail For Weed

Selling Marijuana In West Virginia

Selling any amount of marijuana in the state of West Virginia is a felony.

Selling any amount gets you up to 5 years in jail and a fine of $15,000.

Trafficking any amount gets you up to 5 years in jail and a fine of $15,000.

Selling to a minor or in a school zone gets you:

  • minimum 2 years in jail without a max amount of jail time
  • no max amount of fines (think, unlimited fines)

Cannabis Cultivation Laws

Punishment for growers cultivating cannabis in West Virginia gets based on the intent.

The intent corresponds with the Possession and Selling sections.

For example, growers getting caught with any amount is a misdemeanor.

Selling any amount gets you a felony and up to 5 years in jail and a $15,000 fine.

Trafficking any amount gets you a felony and up to 5 years in jail and a $15,000 fine.

Possession Of Hash And THC Concentrates

Adult use of hash is illegal in West Virginia.

Possession of any amount of hash is a misdemeanor in West Virginia.

And is punishable by up to 6 months in jail and a $1,000 fine.

Selling Of Hash And THC Concentrates

Selling any amount of hash in the state of West Virginia is a felony.

Selling any amount gets you up to 5 years in jail and a fine of $15,000.

Trafficking any amount gets you up to 5 years in jail and a fine of $15,000.

Selling hash to a minor or in a school zone gets you:

  • minimum 2 years in jail without a max amount of jail time
  • no max amount of fines (think, unlimited fines)

Cannabis Paraphernalia

Possession or selling of paraphernalia is a misdemeanor in West Virginia.

You will get up to 6 months in jail and a $5,000 fine.

This law is targeting businesses selling paraphernalia for the cannabis industry.

Other West Virginia Weed Laws

Other West Virginia cannabis laws surround drug testing.

If you tamper with your drug testing, you’ll get a misdemeanor in West Virginia.

That also lands you with up to 1 year in jail and a $10,000 fine.

West Virginia Marijuana Decriminalization

West Virginia has not decriminalized marijuana for adult use yet.

Decriminalization is eliminating criminal penalties for small amounts of recreational marijuana.

But possession of marijuana in West Virginia is a misdemeanor for any amount.

Because cannabis decriminalization got voted down at the local level.

Also, marijuana is still a Schedule I drug on a federal level (Controlled Substances Act).

Is Marijuana Legal In West Virginia?

This section is covering whether weed is legal in West Virginia for:

  • recreational use
  • medical use

Is Recreational Weed Legal In West Virginia?

Is weed legal in West Virginia for recreational use?

No, weed is not legal in West Virginia for recreational use.

Adult-use legalization has been rejected several times.

Possession of any amount of cannabis products is a misdemeanor in West Virginia.

And possession of marijuana is punishable by up to 6 months in jail and a $1,000 fine.

Is Medical Marijuana Legal In West Virginia?

Is weed legal in West Virginia for medical use?

Yes, weed is legal in West Virginia for medical use for qualifying conditions.

Patients and caregivers can purchase up to a 30-day supply of medical cannabis products.

Purchasing and possession of marijuana by the caregiver is allowed per West Virginia laws.

West Virginia’s medical cannabis program allows the use of these medical cannabis products:

  • dry leaf cannabis
  • plant form
  • THC pills
  • oils
  • gels
  • creams
  • ointments
  • extracts consumed through vaporization or nebulization
  • tinctures liquids
  • dermal patches

Medical weed has been legal in West Virginia since 2017.

When Gov Jim Justice signed approval for legalizing medical marijuana.

The qualifying conditions for a medical card in West Virginia are:

  • terminal illness
  • cancer
  • HIV/AIDS
  • ALS
  • Parkinson’s disease
  • multiple sclerosis
  • spinal cord damage
  • epilepsy
  • neuropathies
  • Huntington’s disease
  • Crohn’s disease
  • post-traumatic stress disorder
  • intractable seizures
  • sickle cell anemia
  • severe chronic
  • intractable pain

Medical marijuana laws allow patients and caregivers to have a 30 days supply at a time.

Patients are not allowed to grow their own weed for medical use.

This falls under the laws on cultivation for personal use mentioned above.

They are only able to purchase medical cannabis from licensed dispensaries.

There are currently 9 dispensaries and 6 medical marijuana growers.

Purchasing cannabis outside of a licensed dispensary is illegal for West Virginia residents.

Marijuana Legalization Bills For West Virginia

The West Virginia House continues to vote down marijuana legalization.

Let’s look at some of the state laws for cannabis use.

2017 - Senate Bill 386

This bill legalized medical marijuana in West Virginia.

It’s also known as the Medical Cannabis Act.

The Medical Cannabis Act got backed by the:

  • West Virginia Department of Health and Human Resources
  • Office of Medical Cannabis
  • Bureau for Public Health

This medical cannabis program legalized medical marijuana use, but not the sale of it.

Patients did not have legal access to purchasing medical cannabis plant products.

Physicians have to get certified to prescribe medical cannabis products.

Certification requires that the physicians in West Virginia:

  • register with the Health Bureau
  • complete a 4-hour course
  • report information about the patient to the Health Bureau

2019 - Senate Bill 1037

Gov Jim Justice signed this bill to update medical cannabis laws to:

  • clarify terminology for physicians prescribing medical weed
  • provide written medical certifications to patients with medical conditions
  • refine rules for dispensaries and growers
  • define tax schedules for dispensaries
  • provide criminal protection for physicians, patients, and caregivers

2019 - Senate Bill 2538

This bill set up banking regulations for the cannabis industry.

Banks are now allowed to handle all banking services related to the medical cannabis industry.

The Office of Medical Cannabis:

  • selected a banking vendor in 2019
  • selected their first growers of medical cannabis in 2020

2020 - Senate Bill 339

This bill changed the medical marijuana laws to include “dry leaf or plant.”

Patients are now able to purchase and consume flowers from cannabis plants.

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If you’re interested in what states weed is legal in, here’s a list of all the states.

Disclaimer: These codes may not be the most recent version. There may be more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.