West Virginia Laws and Penalties

OffensePenaltyIncarceration  Max. Fine  

Possession
Any amountMisdemeanor90 days - 6 months$ 1,000
Less than 15 g or possession of synthetic cannabis (first offense)Conditional DischargeNoneNone

Sale or Distribution
Any amountFelony1* - 5 years$ 15,000
Trafficking marijuana into WVFelony1* - 5 years$ 10,000
To a minor or within 1000 ft of a schoolFelony2 years*N/A
Includes possession with intent to distribute
* Mandatory minimum sentence

Cultivation
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.

Paraphernalia
Owns,finances, manages, supervises, all or part all of an illegal drug paraphernalia businessMisdemeanor6 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.

Miscellaneous
Attempt to defeat a drug screening test by false sample or offers for sale a product to defeat a drug screening testMisdemeanorN/A$ 1,000
Mandatory driver's license revocation for any felony offense when a motor vehicle is used in its commission.
Subsequent offensesUp to DoubleUp to Double
Updated May 17, 2023

Penalty Details

Marijuana is a Schedule I drug.

Possession

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 or possession of synthetic cannabis: 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-4-401(c) -407 (2015) Web Search

Sale or Distribution

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 $10,000.

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.

  • W. Va. Code §§ 60A-4-401-409 (2015) Web Search

Cultivation

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.

Hash & Concentrates

Hashish and concentrates are considered a compound or preparation of marijuana and constitute a Schedule I controlled substance.

  • Hubbard v. Spillers, 202 S.E.2d 180 (W.Va 1974) Web Search
  • W. Va. Code §§ 60A- 2-204(d) (19) (2015) Web Search

Paraphernalia

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.

Sentencing

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)

Updated May 17, 2023

Misdemeanor or Felony

Possession is a misdemeanor, while distribution and manufacture are felonies.

Mandatory Minimum

Mandatory two year minimum sentence (doubling WV’s regular one year minimum for marijuana felonies) if the offender is:

  1. Twenty-one years of age or older at the time of the distribution upon which the conviction is based, and the person to whom the controlled substance was distributed was under the age of eighteen years at the time of the distribution; or
  2. Eighteen years of age or older and the distribution upon which the conviction is based occurred in or on, or within one thousand feet of a public or private elementary, vocational or secondary school or a public or private college, junior college or university in this state.

Trafficking marijuana into West Virginia carries a mandatory minimum sentence of not less than 1 year.

  • W. Va. Code  §60A-4-409(b)(2) (2015) Web Search

Forfeiture

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.

  • W. Va. Code §§ 60A-7-703-705 (2015) Web Search

Miscellaneous

Drug Screening Adulteration

Attempts to adulterate drug screening test or selling or knowingly possessing products for that purpose is punishable:

  1. For a first offense is guilty of a misdemeanor and, upon conviction, shall be fined not more than one thousand dollars;
  2. For a second offense is guilty of a misdemeanor and, upon conviction, be fined not more than five thousand dollars; and
  3. For a third or subsequent offense is guilty of a misdemeanor and, upon conviction, be fined not more than ten thousand dollars or confined in the regional jail for not more than one year, or both.
Driver’s License Revocation

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.

 

Updated May 17, 2023

 

More Information

 

Conditional Release

The state allows conditional release or alternative or diversion sentencing for people facing their first prosecutions. Usually, conditional release lets a person opt for probation rather than trial. After successfully completing probation, the individual’s criminal record does not reflect the charge.

Drugged Driving

Every state criminalizes driving under the influence of a controlled substance. Some jurisdictions also impose additional per se laws. In their strictest form, these laws forbid drivers from operating a motor vehicle if they have a detectable level of an illicit drug or drug metabolite (i.e., compounds produced from chemical changes of a drug in the body, but not necessarily psychoactive themselves) present in their bodily fluids above a specific, state-imposed threshold. Read further information about cannabinoids and their impact on psychomotor performance. Additional information regarding cannabinoids and proposed per se limits is available online.

Mandatory Minimum Sentence

When someone is convicted of an offense punishable by a mandatory minimum sentence, the judge must sentence the defendant to the mandatory minimum sentence or to a higher sentence. The judge has no power to sentence the defendant to less time than the mandatory minimum. A prisoner serving an MMS for a federal offense and for most state offenses will not be eligible for parole. Even peaceful marijuana smokers sentenced to “life MMS” must serve a life sentence with no chance of parole.

Medical Marijuana

This state has medical marijuana laws enacted. Modern research suggests that cannabis is a valuable aid in the treatment of a wide range of clinical applications. These include pain relief, nausea, spasticity, glaucoma, and movement disorders. Marijuana is also a powerful appetite stimulant and emerging research suggests that marijuana’s medicinal properties may protect the body against some types of malignant tumors, and are neuroprotective.