Marijuana Laws in Martinsburg, West Virginia

The possession, sale, and distribution of marijuana are considered a felony or a crime.

Here is a guide to follow for marijuana-related offenses in West Virginia and the associated penalties.


The cultivation of marijuana plants in West Virginia may lead to a simple charge of possession, or possession with the intent to deliver, based on the weight of the plants. The penalties associated with these charges are assessed by the law.


All the items mentioned below are eligible to be forfeited to the state of West Virginia when involved in the production and/or transport of controlled substances:

  • Cars 
  • Real estate
  • Monetary funds

So, if you are involved in the production or transport of controlled substances, your car, real estate assets, or money may be forfeited based on the extent of the charges.


An individual involved in financing, management, supervision, direction or owning an illegal drug paraphernalia business may be guilty of a crime punishable by a fine not extending more than $5000 or a jail sentence amounting to six months but not beyond a year. Besides, an attempt to contaminate the drug test is also a criminal offense similar to possessing or distributing drugs for adulteration of the test. Those who face conviction for the first offense may be guilty of a crime punishable with a fine amount not exceeding $1000 unlike those who are convicted for the second offense and are fined $5000. Those convicted for a third or subsequent offenses may face fines up to $10,000 or a jail term not exceeding one year or both.

Punishment for possession of marijuana

Possession of marijuana, irrespective of the amount is another crime in West Virginia, punishable by at least 90 days (but not exceeding 6 months) in jail. Imposition of a fine not exceeding $1000 may also be considered. Similarly, second or subsequent offenses may result in a double penalty.

Selling and distribution of marijuana

Selling or distribution of marijuana is considered a crime in West Virginia and carries a jail sentence of one year at least but not exceeding five years. A fine amount not exceeding $15,000 may also be considered a punishment for this crime.

Those facing conviction for trafficking marijuana into West Virginia are also liable for a jail term of one to five years along with a fine amount of up to $15,000. The penalty for the sale and distribution of marijuana to a minor is a graver punishment, especially when it takes place within 1000 feet of the school for which a minimum of two years of sentence may apply.

To deal with drug sales and possession or trafficking, you need a Martinsburg criminal lawyer with a proven track record and skills.

If you are facing drug sale, possession, or trafficking charges or know someone facing similar charges, call Mountaineer Criminal Law Group at (304) 381-3656 or connect with us online to schedule a consultation in Martinsburg, at our West Virginia office. Our experience ranges from over 25 years in the field of criminal defense. Our experience of conducting drug trials in West Virginia courts keeps us ahead of the rest. We are well-versed with federal law and the legal system on the whole and have seasoned lawyers ready to attend to your call and reply to the texts as soon as possible. If you need a Martinsburg criminal lawyer to help you drop the charges, consult with us today!

Client Reviews

I had hired Mr. Logue a few years ago for my gf at the time for charges she had gotten before I had met her, for prostitution. Big mistake to date her and pay for her lawyer as we didn’t work out but Mr. Logue far exceeded expectations. He got nearly all charges in 2 separate cases dropped for her...


I was arrested on a felony 3 charge looking at at least up to 2 years in prison. County District Attorney didn't want to negotiate. After a lot of hard work, Sean was able to plead the case all the way down to just 90 days jail with a work release. Better deal than I realistically could have hoped...

Former Client

Mr. Logue took our son’s cases on very short notice (the first lawyer we hired wasn’t getting anywhere with either of the prosecutors and had actually turned one of the cases over to the court-appointed attorney). We hired Mr. Logue to go to trial if needed, but he worked with both prosecutors and...

Former Client

Get in Touch

Fill out the contact form or call us at (304) 381-3656
to schedule your free consultation.
  1. 1 Free Consultation
  2. 2 Available 24/7
  3. 3 Highly Rated Super Lawyer

Leave Us a Message