{"id":377216,"date":"2016-03-31T21:37:16","date_gmt":"2016-04-01T02:37:16","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/state\/west-virginia-law\/west-virginia-heroin-laws.html"},"modified":"2025-05-13T10:20:51","modified_gmt":"2025-05-13T15:20:51","slug":"west-virginia-heroin-laws","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/state\/west-virginia-law\/west-virginia-heroin-laws.html","title":{"rendered":"West Virginia Heroin Laws"},"content":{"rendered":"\n
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West Virginia Heroin Laws<\/h1>\n
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\n By Susan Buckner, J.D.<\/a> | Legally reviewed by Laura Temme, Esq.<\/a>\n | Last reviewed\n
\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

\n \n <\/i>\n Fact-Checked\n <\/summary>\n\n
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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n

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Heroin is classified as a Schedule I drug in West Virginia, indicating it has no accepted medical use and a high potential for abuse and dependence. The state’s drug laws, aligned with the federal Controlled Substances Act, impose severe penalties for heroin possession, including felony charges and extensive prison sentences.<\/p>\n\n <\/div>\n\n

Heroin is an illegal drug in all states<\/a>. Similar opioids, such as morphine, oxycodone (brand name OxyContin), and hydrocodone (Vicodin), are available by prescription. Unfortunately, users of prescription drugs can quickly develop a tolerance for the pain-relieving qualities and seek out more powerful narcotics, including heroin.<\/p>\r\n

This article explains West Virginia’s classification of heroin and other opiates, the criminal charges associated with them, and potential penalties for conviction.<\/p>\r\n

If you’re facing drug charges in West Virginia, reach out to a local criminal defense attorney<\/a> as soon as possible. They can help you protect your rights and, in some cases, get charges reduced.<\/p>\r\n

West Virginia’s Drug Schedules<\/h2>\r\n

West Virginia\u2019s drug laws mirror the federal Controlled Substances Act<\/a> (CSA). The CSA categorizes or \u201cschedules\u201d all drugs based on their medical value, likelihood of abuse, and risk of dependence.<\/p>\r\n

Heroin is classified as a Schedule I drug because it is seen as having no medical use and a high risk of abuse and dependence. Morphine, on the other hand, is a Schedule II drug because of its many medical uses (despite its equally high risk of dependence). Methamphetamine and fentanyl are also Schedule II substances, despite their high risk of abuse.<\/p>\r\n

A drug\u2019s classification<\/a> affects the sentence an offender receives. Possession of any Schedule I drug is a felony in West Virginia.<\/p>\r\n

Drug Possession Charges in West Virginia<\/h2>\r\n

If you\u2019re caught with a small amount of heroin, it\u2019s called \u201cpersonal use\u201d or \u201csimple possession.\u201d<\/p>\r\n

In West Virginia, a defendant can ask for conditional discharge<\/a> of a first offense for simple possession. This option is available for first-time defendants with no arrest record for any drug offense in the United States. The offender goes on probation for six months. If they complete probation successfully, the judge clears their record of all charges.<\/p>\r\n

A second or subsequent offense is a felony, punishable with one to 15 years in prison.<\/p>\r\n

Other charges related to possession of a controlled substance in West Virginia law include:<\/p>\r\n