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Is Weed Legal In West Virginia

Is Weed Legal In West Virginia, Yes for Medical Use

West Virginia lawmakers legalized medical marijuana in April of 2017, with implementation of the law expected in 2019 or later.

Rules and regulations for West Virginia's medical marijuana program:

  • Patients must have a serious medical condition certified by a physician registered with the program. Approved conditions include cancer, HIV/AIDS, epilepsy, chronic pain, PTSD, and others.
  • Patients must register and obtain a medical cannabis card through the West Virginia Office of Medical Cannabis. Cards are valid for 2 years.
  • 10 licensed medical cannabis dispensaries are authorized to provide products to registered patients.
  • Legal product forms include oils, tinctures, topicals, vapes, patches, and plant material for vaporization. Smokable flower is prohibited.
  • Edible marijuana products are not allowed under the program's rules. Home cultivation is also not permitted.
  • THC levels cannot exceed 10mg per dose for processed medical cannabis products. Raw plant THC is capped at 10% potency.
  • Possession limits are set at a 30-day supply which is defined as up to 120 ml of cannabis oils or 30 grams of dry leaf/plant matter.
  • Consumption is restricted to private residences only. Medical cannabis cannot be used in public places.
  • Dispensaries must verify patient cards and track purchases in a state registry. Sales to non-registered patients remain illegal.
  • Driving under the influence of medical cannabis can still result in DUIs for registered patients in West Virginia.
Code Sections

What’s Prohibited?

It’s illegal to knowingly or intentionally possess marijuana or other controlled substances without a valid prescription in West Virginia.

What's the Penalty?

Possession of marijuana is a misdemeanor crime and can get you 90 days to six months in jail and a fine up to $1,000. For second or subsequent violations, the penalties double to up to a year in jail and a $2,000 fine.

You may be able to get deferred prosecution for a first possession offense. With this, you plead guilty, but the charges are dismissed if you successfully complete your probation requirements.

Selling or Dealing

What’s Prohibited?

West Virginia prohibits manufacturing (cultivating), delivering, or possessing with the intent to manufacture or deliver marijuana or other drugs.

What's the Penalty?

Dealing marijuana is a felony offense that can be punished by 1 to 5 years in prison and a fine of up to $15,000. A second offense can be sentenced to double the regular penalties.

Adults 21 or older selling weed to a minor under 18 or adults 18 or older selling it within 1,000 feet of a school or college have to serve a mandatory two years before they can be paroled out.

Trafficking or Transporting

What’s Prohibited?

Transporting drugs, including marijuana, into West Virginia with the intent to deliver them to drug dealers or users is illegal.

What's the Penalty?

Trafficking or transporting Mary Jane will get you 1 to 5 years in prison and at most a $15,000 fine.

Drug Paraphernalia

What’s Prohibited?

You can’t sell or possess with the intent to sell drug paraphernalia including anything used to grow, process, or take marijuana, from bongs to pipes to roach clips.

What's the Penalty?

Selling drug paraphernalia can get you six months to one year in jail and up to a $5,000 fine. Again, you can get double penalties for a second or subsequent offense.

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