West Virginia Heroin Laws

Heroin is an illegal drug in all states. 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.

This article explains West Virginia's classification of heroin and other opiates, the criminal charges associated with them, and potential penalties for conviction.

If you're facing drug charges in West Virginia, reach out to a local criminal defense attorney as soon as possible. They can help you protect your rights and, in some cases, get charges reduced.

West Virginia's Drug Schedules

West Virginia’s drug laws mirror the federal Controlled Substances Act (CSA). The CSA categorizes or “schedules” all drugs based on their medical value, likelihood of abuse, and risk of dependence.

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.

A drug’s classification affects the sentence an offender receives. Possession of any Schedule I drug is a felony in West Virginia.

Drug Possession Charges in West Virginia

If you’re caught with a small amount of heroin, it’s called “personal use” or “simple possession.”

In West Virginia, a defendant can ask for conditional discharge 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.

A second or subsequent offense is a felony, punishable with one to 15 years in prison.

Other charges related to possession of a controlled substance in West Virginia law include:

• Possession with intent to distribute: Usually determined by the amount possessed. Schedule I and Schedule II drugs have sentences of up to 15 years, while Schedule III and Schedule IV drugs have sentences of up to three years (Section 60A-4-401). Possession of fentanyl with intent to distribute has a minimum of three years to 15 years in prison.
• Drug trafficking: Intentionally transporting heroin or other narcotics across state lines is a federal crime as well as a state crime. It is a felony. Penalties vary based on the type of drug. Trafficking Schedule I drugs like heroin can lead to up to 15 years in prison and a $25,000 fine for a first offense.

Drug-related offenses, such as possession of drug paraphernalia, may be misdemeanors or felonies, depending on the circumstances. If you’re caught with a small amount of marijuana and a bong, it might be an additional misdemeanor. If you’re running an unlicensed cannabis dispensary, it could be a felony offense.

West Virginia’s Opioid Problem

West Virginia remains the state most affected by the opioid epidemic. According to the CDC, West Virginia has the highest rate of overdose deaths in the nation, with more than 80 deaths per 100,000 residents.

This rate has led West Virginia’s Department of Health and law enforcement to take drastic steps in combating the opioid crisis. In 2024, West Virginia’s Office of Drug Control Policy distributed over $600,000 worth of naloxone (Narcan), an opiate reversal medication. The Office has increased the number of mental health and substance abuse programs available online and at high schools and colleges throughout the state to address the crisis among young people.

The state has also increased penalties for drug offenses involving fentanyl. In April 2025, Governor Patrick Morrisey signed "Lauren's Law," named for 26-year-old Morgantown resident Lauren Cole, who died in 2020 after unknowingly ingesting drugs laced with fentanyl.

Lauren's Law created a new drug charge in West Virginia called delivery resulting in death. Conviction comes with a mandatory prison sentence of at least 10 years. The law also created mandatory prison sentences for top tier drug offenses and set harsher penalties for transporting fentanyl.

Get Legal Advice from a West Virginia Criminal Defense Attorney

The opioid epidemic hit the state of West Virginia hard. If you or someone you know is struggling with opioid addiction, help is available. The West Virginia Department of Health Office of Drug Control has numerous programs aimed at controlling drug abuse and encouraging recovery across the state.

An arrest for heroin possession will affect the rest of your life. But you have options, especially if you discuss your case with an experienced West Virginia criminal defense lawyer. If you're facing charges for possession of heroin or other drugs, contact an attorney as soon as you can. They can walk you through your options and defend your rights in court.