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West Virginia Marijuana Laws

West Virginia Marijuana Laws

Updated September 2019

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. Learn more about West Virginia marijuana laws below.

Recreational Marijuana in West Virginia

Is marijuana legal in West Virginia? No, 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)
  • Cancer
  • Crohn’s Disease
  • Epilepsy
  • HIV/AIDS
  • Huntington’s Disease
  • Intractable Seizures
  • Parkinson’s Disease
  • Multiple Sclerosis (MS)
  • Neuropathies
  • Post-traumatic Stress Disorder (PTSD)
  • Severe Chronic or Intractable Pain
  • Sickle Cell Anemia
  • Spinal Cord Damage with Intractable Spasticity
  • Terminal Illness

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 marijuana 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.

West Virginia has legalized the cultivation of hemp by licensed growers. In 2002, the West Virginia Legislature approved Senate Bill 447 to recognize hemp containing no more than 1 percent THC as an agricultural crop. West Virginia’s hemp law allows farmers to grow, harvest and sell the plant commercially.

Legal Status of Other U.S. States

Stay up to date on the latest state legislation, referendums, and public opinion polls. Our Marijuana Legalization Map allows you to browse the current status of medical and recreational marijuana laws in other U.S. states and territories.

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