Although West Virginia has historically been opposed to any type of legalization, recently it passed a bill that allows seriously ill patients to legally access and use marijuana for medical purposes.
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
West Virginia became the 29th U.S. state to allow the use of marijuana for medical purposes after Gov. Jim Justice signed into law a comprehensive medical marijuana bill in April 2017. The Medical Cannabis Act (Senate Bill 386) allows patients suffering from 15 conditions to apply for a card with permission from a licensed physician.
The law allows patients to obtain marijuana in the form of pills, oils, topicals, tinctures, liquid, dermal patch, or non-whole plant forms that are administered with a vaporizer. Dried marijuana flower and home cultivation of marijuana plants are prohibited.
Under West Virginia’s law, the following conditions qualify for the use of medical marijuana:
- Amyotrophic Lateral Sclerosis (ALS)
- Crohn’s Disease
- Huntington’s Disease
- Intractable Seizures
- Parkinson’s Disease
- Multiple Sclerosis (MS)
- Post-traumatic Stress Disorder (PTSD)
- Severe Chronic or Intractable Pain
- Sickle Cell Anemia
- Spinal Cord Damage with Intractable Spasticity
- Terminal Illness
The law calls for the Bureau of Public Health to begin issuing marijuana patient ID cards on July 1, 2019.
Consumption of CBD Hemp Oil in West Virginia
Hemp-derived CBD products are legal under Federal Law in the United States; however, individual state laws are dynamic and fluid. Individual states may enact their own laws governing hemp-derived CBD.
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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