West Virginia Marijuana Laws

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.

In 2024, House Bill 1633 (HB 1633) and House Joint Resolution 3 (HJR3) 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.

Senate Bill 386 (SB386), 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 division of the West Virginia Health and Human Resources in the Bureau of Public Health.

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.

How Virginia Marijuana Laws Work

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. 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.

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.

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

First-time offenders with no drug charges on their record may be eligible for a court diversion known as conditional discharge. 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.

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.

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.

West Virginia Medical Marijuana Laws

Medical marijuana 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 with the Office of Medical Cannabis (OMC).

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

• Multiple sclerosis (MS)
• Cancer
• Post-traumatic stress disorder (PTSD)
• HIV/AIDS
• Amyotrophic lateral sclerosis (ALS)
• Terminal illness (one-year life expectancy or less)
• Parkinson’s disease
• Crohn’s disease
• Damage to the nervous tissue of the spinal cord with objective neurological indication of intractable spasticity
• Intractable seizures
• Epilepsy
• Neuropathies
• Huntington’s disease
• Sickle cell anemia
• Severe chronic or intractable pain of neuropathic origin or severe chronic or intractable pain

If you don’t see your medical condition listed or aren’t sure if you qualify, speak with your doctor or apply for eligibility of your condition with the OMC.

Your physician will submit your certification form to OMC. Your next responsibility is completing your application at OMC. You’ll need the following:

• A passport-quality photo
• A state-issued photo ID, such as a West Virginia driver’s license
• Proof of West Virginia residency
• A copy of the certification form from your physician

Once finished, you can pay the $50 fee either online or by mailing a check or money order to the OMC. It will take the OMC between 30 and 60 days to review your application. If approved, you’ll be alerted by email to download your OMC Medical ID Card.

Cardholders are permitted to purchase a 30-day supply of medical cannabis. This is 4 ounces of dried cannabis or the equivalent in THC (tetrahydrocannabinol)-infused cannabis products. It’s for personal use and cannot be shared. Dry leaf is intended for vaporization and is not for smoking, which is illegal in West Virginia. Legal types of cannabis products include:

• Tinctures
• Pills
• Dermal Patches/Topicals
• Ointments
• Liquids
• Oils

OMC patients are expected to limit the use of medical marijuana to their private residences. Patients can also designate caregivers to pick up their medical marijuana and help with administering it. This is a necessity for patients under the age of 18.

West Virginia Marijuana Law Penalties

Operating a motor vehicle under the influence of cannabis carries the same consequences as an alcohol-related DUI. While implied consent applies for drunk driving, you are not required to submit to drug testing for suspicion of cannabis-impaired driving.

The Medical Cannabis Act specifies that as little as 3 nanograms of THC per milliliter is considered actionable impairment. This is a per se traffic safety limit, which means you don’t have to be showing impairment to be considered under the influence.

The table below recaps what you’ve learned above and adds a detailed summary of West Virginia marijuana offenses and penalties.

Note: State laws are subject to change through the passage of new legislation, rulings in the higher courts that include federal decisions, ballot initiatives, and other means. While we strive to provide the most current information available, please consult a West Virginia drug law attorney or conduct independent legal research to verify West Virginia state laws.

West Virginia Marijuana Laws: Related Resources

• West Virginia Law
• Official State Codes
• Cannabis Law Section
• Marijuana Legalization and Decriminalization Overview
• Medical Marijuana Overview

Need Help With a West Virginia Marijuana Case? Speak to an Attorney

The marijuana laws in West Virginia are strict and carry severe punishments. Recreational marijuana use remains illegal. Even as a medical marijuana cardholder, it’s easy to end up on the wrong side of law enforcement when it comes to cannabis possession and use. A skilled defense attorney can help you evaluate your situation, consider your best options, and bring about the most favorable outcome possible.

Reach out to an experienced West Virginia criminal defense lawyer for legal advice and more.