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Is weed legal in West Virginia?
This article is going to cover:
Weed is not legal in West Virginia for recreational use.
But weed is legal in West Virginia for medical use.
Let’s look at the different types of West Virginia weed laws.
| Offense | Penalties | Jail Time | Max Fines |
|---|---|---|---|
| Possession | |||
| Any Amount | Misdemeanor | 6 months | $1,000 |
| Sale Or Distribution | |||
| Any Amount | Felony | 5 years | $15,000 |
| Trafficking | Felony | 5 years | $15,000 |
| To Minors / In School Zones | Felony | 2+ years | N/A |
| Cultivation | |||
| Same penalties as Possession/Selling. | |||
| Hash & Concentrates | |||
| Same penalties as Possession/Selling. |
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:
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 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:
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.
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 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:
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 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 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).
This section is covering whether weed is legal in West Virginia for:
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 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:
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:
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.
The West Virginia House continues to vote down marijuana legalization.
Let’s look at some of the state laws for cannabis use.
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:
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:
Gov Jim Justice signed this bill to update medical cannabis laws to:
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:
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.
If you’re interested in what states weed is legal in, here’s a list of all the states.
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