Only medical marijuana is legal in West Virginia with medical having been legalized in 2017. Adult recreational use of cannabis remains illegal in West Virginia. Read on to learn more about West Virginia's current marijuana laws and where you can find a marijuana dispensary in West Virginia.
What you need to know about West Virginia's Marijuana Laws
- Medical marijuana is legal in the state of West Virginia for adults with a qualifying medical condition but dispensaries aren’t expected to open until late 2021
- Recreational marijuana is illegal in West Virginia
- Possessing any amount of marijuana in West Virginia is misdemeanor offense punishable with up to 6 months in prison and a $1,000 fine
- Selling marijuana is illegal and carries a mandatory minimum sentence of one year with the potential to be sentenced up to five years in jail
- Medical marijuana patients aren’t allowed to grow marijuana in their homes or on their property
- The West Virginia Dept of Health and Human Services is now accepting applications for medical marijuana cards
West Virginia Medical Marijuana Laws
In 2017, West Virginia legalized the use of medical marijuana for debilitating medical conditions if prescribed by a physician. Doctors must determine if a patient has a qualifying condition and is a good candidate for medical marijuana. Despite medical marijuana being legalized in 2017, medical dispensaries aren’t expected to be open until late 2021 and medical marijuana card applications weren’t made available to fill out until January 2021. Some of the qualifying medical conditions include, cancer, glaucoma, HIV/AIDS, epilepsy, PTSD, seizures, MS, chronic pain, and terminal illnesses. Medical marijuana patients will be legally allowed to purchase up to a 30-day supply of the recommended dosage prescribed by their physician.
How to get approved for medical marijuana in West Virginia
Citizens suffering from a medical condition can apply for medical marijuana access online through the West Virginia Department of Health and Human Services. Applications must include certification from a patient’s physician that they suffer from a medical condition where cannabis is an acceptable method of treatment. Proof of residency and some application fee are likely required with all applications.
Patients must renew their medical marijuana cards annually.
If you are traveling to West Virginia and possess an out-of-state medical marijuana card, you are not allowed to purchase marijuana from a medical dispensary.
Recreational Marijuana Legislation in West Virginia
There has been little movement within the House or Senate with regard to recreational marijuana legalization. With medical cannabis still so new, it is likely it will be a few more years before West Virginia legislators start looking at legalizing recreational marijuana.
Marijuana Fines and Penalties in West Virginia
Possession of any amount: A misdemeanor offense punishable by a $1,000 fine and up to six months in jail.
Sale of any amount: A felony offense punishable by up to five years in jail and a $15,000 fine. There is a mandatory minimum sentence of one year in jail with a felony sale charge.
Cultivation of any amount of marijuana: A misdemeanor offense punishable by a $1,000 fine and up to six months in jail – charges may escalate to a felony with an intent to distribute.
Additional Marijuana Laws to be Aware of in West Virginia
- Driving under the influence of marijuana is illegal in the state of West Virginia and drivers may be asked to submit to a chemical test if expected of driving while impaired
- The use of marijuana in public places is prohibited even for medical marijuana patients
- Only licensed growers certified by the state are allowed to grow medical marijuana to distribute through state-run dispensaries
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