West Virginia Cannabis Laws & Regulations
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
- Cannabis should be stored in the trunk of the vehicle
Have Questions About Getting a Med Card in West Virginia?
Learn more about medical cannabis in West Virginia with our extensive set of patient resources:
