Weed Laws in West Virginia

West Virginia is home to some of the most beautiful sights on the East Coast, from the Monongahela National Forest to Harpers Ferry at the base of the Appalachian Trail. Known as the Mountain State, West Virginia is home to over 1,000 peaks and four provinces of the Appalachian Mountain Trail, including The Blue Ridge, Allegheny Plateau, the Allegheny Mountains, and the Cumberland Mountains.

Its largest city, Charleston, is home to Kanawha State Forest, the State Capitol, and the West Virginia State Museum. Visitors can also explore Ritter Park, Beech Fork State Park, or catch a show at the gorgeous Keith-Albee Theatre in Huntington. 

Currently, West Virginia only permits the sale, possession, and use of cannabis for specific medical conditions as recommended by a registered physician. Unfortunately, adult-use cannabis sales and possession of cannabis are not yet legal in the state. Possession of cannabis by individuals without a medical marijuana card is a misdemeanor punishable by up to 6 months in jail and a fine of up to $1,000 in West Virginia.

Is Weed Legal in West Virginia?

YES, but only for medicinal purposes and for people with a licensed medical marijuana card in West Virginia.

Weed Legalization in West Virginia

The state attempted to legalize medical cannabis in 2015 with Senate Bill 546 and House Bill 2909, but both bills died in committee before the legislative session ended. In 2017, Senate Bill 386 was passed and signed into law by Governor Conley Justice. The bill was set to become effective in July of 2018, but individuals couldn’t register as medical marijuana patients until February 3rd, 2021. Finally, in November of 2021, the first state-licensed dispensary opened to serve medical marijuana patients.

As of 2023, the consumption of cannabis is legal for only medicinal use in the state of West Virginia. Initially, the state restricted the sale and use of dry cannabis flower, but in 2020, Senate Bill 339 passed, which legalized its sale and use. Although medical marijuana use is permitted, the state has very restrictive laws regarding cannabis possession otherwise. Possession of any amount of cannabis without a West Virginia medical marijuana card is a misdemeanor punishable by up to 6 months in jail and a fine of up to $1,000.

Cannabis Tax in West Virginia

West Virginia does not tax medical marijuana patients at the point of sale. Instead, dispensaries are charged a 10% privilege tax on the gross receipts. These taxes are collected and deposited into the Medical Cannabis Program Fund and any fees the state receives on behalf of the medical cannabis program.

Of this fund, 55% is allocated to the bureau. The remaining 45% is allocated as such; 50% to the Fight Substance Abuse Fund, 40% to the Division of Justice and Community Services for grants to local law enforcement agencies for training, drug diversion, and other programs focused on crime and addiction; and 10% to be used for law enforcement professional training and development programs.

Is Cannabis Delivery Available in West Virginia?

NO, marijuana delivery is not available for either medicinal or recreational purposes in the state of West Virginia. 

Where Can You Legally Use Weed in West Virginia?

Cannabis can be legally used by medical marijuana patients in the following areas in West Virginia:

🗹 Private properties such as residences

🗹 A state-licensed dispensary may permit individuals who are both medical patients and employees to medicate on the premise.

Cannabis CANNOT be consumed in:

X Public spaces

X Motorized vehicles in motion, for both driver and passengers

What are the Restrictions on Cannabis Possession in West Virginia?

Medical marijuana patients in West Virginia can possess up to a 30-day supply of cannabis products as prescribed by their certifying physician.  Possession of more than this amount can result in charges of criminal retention of cannabis, with potential jail time or fines.

West Virginia medical marijuana patients cannot cultivate marijuana for personal use at home. 

For individuals without a medical marijuana card in West Virginia, possession of any amount of cannabis is a misdemeanor punishable by up to 6 months in jail and a fine of up to $1,000. If the amount is less than 15 grams and the individual's first offense, the court is allowed to offer probation.

During vehicular transportation:

• Cannabis should be kept in the original packaging the dispensary sold it in
• Stored in the trunk of the vehicle

Frequently Asked Questions About Marijuana in West Virginia

What is the cost of a medical marijuana card in West Virginia?

The fee to obtain a medical marijuana card in Virginia is $50, but that fee can be waived if the patient demonstrates financial hardship. The evaluation is a separate cost and depends on the physician who issues the evaluation.

How do I get a medical marijuana card in West Virginia?

First, you must obtain a recommendation from a registered physician if you have a qualifying medical condition. You must then submit a copy of the Physician's Certification for Qualified Patients, a photo ID, proof of residency, and a photo for your medical ID via the state’s online portal.

Can a minor obtain a medical marijuana card in West Virginia?

Yes, individuals under the age of 18 with a serious medical condition may obtain a medical marijuana card in West Virginia with the permission of a parent or guardian. The parent or guardian must apply on the patients' behalf and act as a caregiver for the patient.

What are forms of medical cannabis available in West Virginia?

Medical marijuana patients in Virginia can purchase and possess the following types of cannabis products;

• Pills
• Oils
• Topicals
• Tinctures
• Liquids
• Transdermal patches
• A form appropriate for vaporization or nebulization
• Cured cannabis flower

Can out-of-state medical marijuana patients purchase and possess cannabis in West Virginia?

No, out-of-state medical marijuana patients are not allowed to purchase or possess cannabis while in the state of West Virginia.

Can I purchase medical marijuana in another state and bring it back to West Virginia?

Terminally ill medical marijuana patients residing in West Virginia may obtain a Safe Harbor Letter from the state permitting the applicant to possess medical marijuana purchased in states that have a reciprocity agreement with West Virginia.

The information in this article and any included images or charts are for educational purposes only. This information is neither a substitute for, nor does it replace, professional legal advice or medical advice, diagnosis, or treatment. If you have any concerns or questions about laws, regulations, or your health, you should always consult with an attorney, physician or other licensed professional.