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Marijuana Laws

In the state of West Virginia, the possession, sale or distribution of marijuana may be considered either a misdemeanor or a felony.

Here’s a guide to marijuana-centric offenses in West Virginia, and the associated penalties.


In West Virginia, the act of cultivating marijuana plants may result in either a simple possession charge, or a possession with intent to deliver charge, depending on the weight of the plants. The penalties associated with those charges are assessed.


All items involved in the production and/or transport of controlled substances – including cars, real estate, and monetary funds – are eligible to be forfeited to the state of West Virginia after the successful prosecution of these types of drug cases.

As for paraphernalia? Any property (including money) used in violation of the West Virginia law governing illegal drugs may be seized and forfeited to the state.


In the state of West Virginia, a person who conducts, finances, manages, supervises, directs or owns an illegal drug paraphernalia business is guilty of a misdemeanor punishable by a fine of no more than $5,000, or a jail sentence of at least six months and for no longer than a year.

Additionally, attempts to adulterate a drug test is a criminal offense, as is possessing or distributing products for that purpose.

Those convicted of a first offense is guilty of a misdemeanor punishable by a fine of no more than $1,000, while those convicted of a second offense may be fined as much as $5,000. Those convicted of a third or subsequent offense may be fined as much as $10,000, may be sentenced to no more than one year in jail, or both.

Possession of Marijuana

Possession of marijuana – in any amount – is considered a misdemeanor in West Virginia, which is punishable by at least 90 days (but no more than six months) in jail. A fine of no more than $1,000 may also be assessed.

Second and subsequent offenses are subject to a double penalty.

Sale or Distribution of Marijuana

The sale or distribution of marijuana in West Virginia is a felony that carries a jail sentence of no less than one year and no more than five years. A fine of not more than $15,000 may also be assessed.

Those convicted of trafficking marijuana into West Virginia may be sentenced to a jail sentence of between one and five years. A fine of as much as $15,000 may also be assessed.

The penalties for selling or distributing marijuana to a minor is even more severe, especially when that sale took place within 1,000 feet of a school. There is a two-year minimum sentence in these cases.

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