|Any amount||Misdemeanor||90 days - 6 months||$ 1,000|
Sale or Distribution
|Any amount||Felony||1* - 5 years||$ 15,000|
|Trafficking marijuana into WV||Felony||1* - 5 years||$ 15,000|
|To a minor or within 1000 ft of a school||Felony||2 years*||N/A|
|Includes possession with intent to distribute|
|* Mandatory minimum sentence|
|See Possession and Sale sections for details.|
Hash & Concentrates
|Penalties for hashish are the same as for marijuana. Please see the marijuana penalties section for further details.|
|Involving all or part of an illegal drug paraphernalia business||Misdemeanor||6 months* - 1 year||$ 5,000|
|* Mandatory minimum sentence|
Civil Asset Forfeiture
|Everything involved in the production and transportation processes of controlled substances are liable to be forfeited.|
|Attempts to adulterate drug screening test||Misdemeanor||0 - 1 year||$ 10,000|
|Mandatory driver's license revocation for any felony offense when a motor vehicle is used in its commission.|
Marijuana is a Schedule I drug.
Possession of marijuana in any amount is a misdemeanor punishable by not less than 90 days, nor more than 6 months and not fined more than $1,000.
Conditional discharge for first offense of possession of less than 15 grams of marijunana: For a first drug related possession charge, the court can give the offender probation with the traditional array of drug testing and supervision traditionally part of the probation process. Discharge is not a legal conviction.
Includes possession with the intent to distribute marijuana.
Felony punishable by no less than 1 year, and no more than 5 years, imprisonment and a fine of not more than $15,000.
Trafficking marijuana into West Virginia is punishable by no less than 1 year and no more than 5 years imprisonment and fined up to $15,000.
West Virginia has a two-year mandatory minimum sentence for sale/distribution to a minor or if sale/delivery occurs within 1,000 feet of a school.
Cultivation in West Virginia will be punished based upon the aggregate weight of the plants found as either simple possession or as possession with the intent to distribute. See the "Possession" and "Sale or Distribution" sections for further penalty details.
Hashish and concentrates are considered a compound or preparation of marijuana and constitute a Schedule I controlled substance.
Any person who conducts, finances, manages, supervises, directs or owns all or part of an illegal drug paraphernalia business is guilty of a misdemeanor, and is subject to no more than a $5,000 fine, or no less than six months and no more than 1 year imprisonment.
Second or subsequent convictions for both possession and distribution are eligible for double the penalty set out in law.
Conditional discharge for first offense of possession: For a first drug related possession charge, the court can give the offender probation with the traditional array of drug testing and supervision traditionally part of the probation process. Discharge is not a legal conviction.
W. Va. Code §60A-4-407 (2015)
Possession is a misdemeanor, while distribution and manufacture are felonies.
Mandatory two year minimum sentence (doubling WV’s regular one year minimum for marijuana felonies) if the offender is:
W. Va. Code §60A-4-406 (b) (2015)
Trafficking marijuana into West Virginia carries a mandatory minimum sentence of not less than 1 year.
Everything involved in the production and transportation processes of controlled substances, including cars, houses, and monetary funds, are liable to be forfeited to the State after a successful prosecution of a drug distribution or manufacturing case.
Paraphernalia: Any property, including money, used in violation of the provisions of this section may be seized and forfeited to the state.
Attempts to adulterate drug screening test or selling or knowingly possessing products for that purpose is punishable:
Any person convicted of driving under the influence of marijuana or any felony in the commission of which a motor vehicle is used, is subject to mandatory driver’s license revocation.
Mandatory license revocation for any felony offense when a motor vehicle is used in its commission. This would include conviction for manufacturing or delivering pot, but simple possession would not qualify as a felony.