West Virginia
In 1978, West Virginia passed legislation that decriminalized the possession of small amounts of cannabis. The law made it a misdemeanor to possess up to 1 ounce of cannabis, with a maximum penalty of a fine of $100.
In 2017, West Virginia voters approved a ballot measure that legalized medical cannabis. The law went into effect on July 1, 2018.
Current Legislation
Possession
Adult-Use: Recreational cannabis is NOT legal.
Medical: Medical cannabis is legal for adults with a valid medical marijuana card.
Growing
Adult-Use: Recreational cannabis is NOT legal to grow.
Medical: Adults with a valid medical marijuana card are allowed to grow up to 6 plants per household, with no more than 3 mature plants.
Selling
Adult-Use: Recreational cannabis is NOT legal to sell.
Medical: The sale of medical cannabis is legal to adults 21 and older with a valid medical marijuana card. Only licensed dispensaries can sell medical cannabis.
Penalties
Adult-Use: For possession of up to 1 ounce of recreational cannabis, the maximum penalty is a fine of $200. For possession of more than 1 ounce, the maximum penalty is a fine of $1,000 and up to 6 months in jail.
Medical: There are no penalties for possession or use of cannabis by adults with a valid medical marijuana card.
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