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Marijuana Policy In West Virginia


west virginia medical marijuanaWest Virginia Marijuana Policy

If you grow marijuana in West Virginia, beware, you could get quite a bit of jail time and a hefty fine if you are caught. Below are the current marijuana laws for West Virginia, courtesy of West Virginia NORML:

Decriminalized? — No.

Possession of any amount is a misdemeanor, punishable by 3-6 months in jail and a $1,000 fine. Of course, possession of any amount can be construed as intent to distribute by any officer if they suspect such activity.

Possession of less than 15 grams results in an automatic discharge, and the misdemeanor is dropped from the offender’s record upon completion of time and fine.

Distributing or cultivating any amount is a felony, punishable by 1-5 years in jail and a $15,000 fine.

Distributing to a minor or within 1,000 feet of a school is a felony, punishable by a mandatory sentence of at least 2 years in prison and a $15,000 fine.

Transporting any amount into the state with the intent to distribute is a felony, punishable by 1-5 years in jail and a $15,000 fine.

Possession or distribution of paraphernalia is a misdemeanor, punishable by 6 months to 1 year in jail and a $5,000 fine. Subsequent offenses double the penalties in both categories.

Medical Program? — No.

Want to change marijuana laws in West Virginia? Below are some great places to get started, via our West Virginia activism page:

West Virginia Marijuana Policy Project

West Virginia Americans for Safe Access

West Virginia NORML Chapters

West Virginia Students for Sensible Drug Policy


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Johnny Green


  1. Fish4funu812 on

     didnt know that w.v. had a mmj program.  ive lived here most of my life and have been smoking for over 35 yrs. and never have heard this.  very interesting.

  2. WV was one of the first states in the country to start a mmj program back in 1979.  AFAIK, that legislation is still in effect, though the program was never implemented.

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