West Virginia

Mandatory Minimum Sentence
Medical Marijuana
Drugged Driving
Summary of West Virginia
Year Law Last Passed 2017
How Law Was Passed Senate Bill 386 (74-24 H; 28-6 S)
Possession Limit 30-day supply (amount TBD)

Laws, Limits and Penalties

Offense Penalty Incarceration   Max. Fine  
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.


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.


This state has an active hemp industry or has authorized research. Hemp is a distinct variety of the plant species cannabis sativa L. that contains minimal (less than 1%) amounts of tetrahydrocannabinol (THC), the primary psychoactive ingredient in marijuana. Various parts of the plant can be utilized in the making of textiles, paper, paints, clothing, plastics, cosmetics, foodstuffs, insulation, animal feed, and other products. .

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. For more information see: Medical Use.