{"id":377229,"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-marijuana-laws.html"},"modified":"2025-08-12T12:41:10","modified_gmt":"2025-08-12T17:41:10","slug":"west-virginia-marijuana-laws","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/state\/west-virginia-law\/west-virginia-marijuana-laws.html","title":{"rendered":"West Virginia Marijuana Laws"},"content":{"rendered":"\n
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West Virginia Marijuana Laws<\/h1>\n
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\n By Kit Yona, M.A.<\/a> | Legally reviewed by Jordan Walker, J.D.<\/a>\n | Last updated\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

In West Virginia, the medical use of marijuana is legal only for registered medical patients. Any use of recreational cannabis remains illegal. Under the West Virginia Medical Cannabis Act, qualified patients who obtain physician certification and an Office of Medical Cannabis card may purchase up to a 30-day supply (generally up to 4 ounces of dry cannabis or equivalent products such as tinctures, pills, oils, liquids, ointments, and patches). For non-patients, possession of any amount is a misdemeanor, possibly punishable by fines and jail time. Selling, distributing, or trafficking marijuana outside the state-licensed system is a felony with penalties that include prison and substantial fines. Driving under the influence of cannabis is treated like an alcohol-related DUI, and a per se limit of 3 ng\/mL THC applies under the Medical Cannabis Act. Federal law still classifies marijuana as Schedule I, so possession on federal property in the state is illegal.<\/i><\/blockquote>\r\n

In 2024, House Bill 1633 (HB 1633)<\/a> and House Joint Resolution 3 (HJR3)<\/a> joined the ever-growing pile of legislation calling for marijuana to be decriminalized and legalized that died in committee. All attempts to legalize cannabis for recreational adult use have failed in West Virginia.<\/p>\r\n

Senate Bill 386 (SB386)<\/a>, signed into law by Governor Jim Justice in April of 2017, became the West Virginia Medical Cannabis Act. This legalized the use of medical marijuana in the state of West Virginia. The administration was put under the West Virginia Office of Medical Cannabis (OMC)<\/a>, a division of the West Virginia Health and Human Resources in the Bureau of Public Health.<\/p>\r\n

There are rules and regulations for patients in the OMC. Given the severe penalties for non-medical possession of marijuana in West Virginia, it’s a good idea to know the cannabis laws in West Virginia. Read on for a better understanding of what’s legal and what isn’t under West Virginia marijuana laws.<\/p>\r\n

How Virginia Marijuana Laws Work<\/h2>\r\n

All recreational possession or use of cannabis and cannabis products is illegal in West Virginia. Possessing any amount can get you fined and put in jail<\/a>. Both possessing marijuana with intent to sell or making a marijuana sale are felonies, and you’ll face one to five years in prison and a fine of up to $15,000.<\/p>\r\n

Public use of cannabis and cannabis products is illegal in West Virginia. This prohibition includes medical patients who can legally possess marijuana. All smoking of marijuana is against West Virginia law, even in a private residence. Dry leaf is sold to be vaporized. Edibles are also illegal.<\/p>\r\n

Much like West Virginia, the federal government considers marijuana to be a Schedule I drug<\/a>, due to the Controlled Substances Act (CSA)<\/a>. This means that marijuana offenses committed on federal lands, such as federal courthouses, national parks, and military bases, violate federal law. Reclassification seemed imminent<\/a> at the federal level under the Biden administration, but nothing was changed before the next administration took over.<\/p>\r\n

First-time offenders with no drug charges on their record may be eligible for a court diversion known as conditional discharge<\/a>. Under this program, someone with a clean record who is arrested for possession of up to 0.52 ounces\/15 grams of marijuana can opt for probation.<\/p>\r\n

If the offender stays clean for the length of the probation, the charge will be dismissed. 180 days later, the defendant can petition to have the charge expunged from their public criminal record. It’s a one-time deal, as law enforcement will keep a non-public record of the instance.<\/p>\r\n

All personal cultivation of marijuana plants in the state of West Virginia is illegal. This applies to medical cannabis program patients as well. The penalties growers face depend on the amount of marijuana involved and can be charged as possession with intent to sell or trafficking.<\/p>\r\n

West Virginia Medical Marijuana Laws<\/h2>\r\n

Medical marijuana<\/a> use in West Virginia was approved in 2017, but it wasn’t until November 2021 that a dispensary in Morgantown made the first sale. Patients with serious medical conditions who wish to use legal medical cannabis must register<\/a> with the Office of Medical Cannabis (OMC).<\/p>\r\n

The first step involves seeing a state-registered physician<\/a> to obtain certification. To be eligible, the doctor must attest that you’re suffering from one or more of the following qualifying conditions<\/a>:<\/p>\r\n