West Virginia Marijuana Laws

Though all forms of marijuana in West Virginia are currently illegal, support for loosening the laws is growing among residents and lawmakers. More progressive laws could be enacted as soon as the next election cycle.

Recreational Marijuana in West Virginia

Possession of any amount of marijuana in West Virginia is a misdemeanor, punishable by 90 days to 6 months in prison and a maximum fine of $1,000. Compared to other states where marijuana is illegal, West Virginia’s policy is relatively lenient. The state also can offer conditional discharge for first time offenders found in possession of less than 15 grams. Discharge is not a legal conviction.

Medical Marijuana in West Virginia

There are currently no medical cannabis policies enacted in West Virginia. The state legislature has failed to act on medical marijuana bills in recent years, although efforts have recently garnered greater support. Senate Bill 640, which would have offered relief to patients diagnosed with a variety of serious debilitating conditions, was introduced in February 2016 but the session ended without lawmakers taking action.

There’s a chance progress could be made in 2017, as the state’s just elected governor, Democrat Jim Justice, has said he supports medical marijuana.

Consumption of CBD Hemp Oil in West Virginia

Consumption of CBD hemp oil is federally legal, as CBD hemp oil falls under the same importation and commerce laws as other hemp products. No specific legislation related to cannabidiol or hemp extracts have been passed in West Virginia, so it is legal to purchase and use.

Cultivation of Cannabis in West Virginia

Cultivation of Cannabis in West Virginia is a criminal offense. Punishments vary based on the size of the grow, as well as whether the grow is characterized as possession or possession with the intent to distribute.


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