If you live in West Virginia, you might be wondering if weed is legal. After all, there have been many different cases involving marijuana in this state, and it’s always a good idea to be informed about the laws. It’s also important to understand what kinds of crimes related to cannabis are punishable in this state.
Medical Marijuana
In 2017, West Virginia passed the Medical Cannabis Act. This legislation established a statewide medical marijuana system and paved the way for economic development in the state. As of 2019, there are nine licensed dispensaries, six growers, and two processors operating in West Virginia.
A patient or caregiver can buy a 30-day supply of marijuana. However, only licensed, regulated dispensaries are allowed to issue these products.
Patients are limited to a maximum of 30 grams of marijuana, and may only consume it in private homes. It is illegal to smoke or vaporize cannabis in public places. Unlike many other states, recreational use is not legal.
The medical cannabis program is also expanding in West Virginia. There are now seven physicians certified to treat serious medical conditions with the aid of medical cannabis. They have completed a four-hour training course and are registered with the state.
In the future, there will be multiple dispensaries open across the state. These dispensaries will carry a variety of medical cannabis products.
Penalties For Selling or Distributing Marijuana
West Virginia has a number of criminal penalties for marijuana. These can range from simple possession to sale and distribution.
Possession of less than 0.5oz of marijuana is a misdemeanor. Attempts to adulterate a drug test are also a crime. In addition, selling marijuana to minors is a felony.
The maximum fine for selling marijuana is $15,000, while the maximum jail sentence is five years. Marijuana paraphernalia is also a crime. This includes items that are used in the harvesting, cultivation, testing and consumption of marijuana.
If you are found guilty of possession of marijuana in West Virginia, you may be subject to a fine of up to $1,000 or a year in jail. Additionally, you may have your driver’s license suspended for a period of six months.
A first offense for possession of marijuana is not punishable, but a second or third violation can be punished with a fine of up to $5,000 or up to three years in prison. Also, if you sell or distribute marijuana, you may be facing a fine of up to $15,000.
Possession of more than 0.5oz is a felony. Likewise, if you attempt to adulterate a drug test, you may be facing a felony charge. Finally, if you are charged with the possession of more than 10 pounds of marijuana, you could face life in prison.
Growing Weed at Home
When it comes to growing weed at home in West Virginia, it is important to know the laws before beginning. The state’s strict rules for cultivating marijuana at home can lead to penalties including fines and incarceration.
While recreational use of marijuana is prohibited in the state, medical marijuana is legal. This means that patients can legally grow up to six plants in their homes. However, the number of plants that can be grown in a single house will vary from one household to another.
For those who are qualified for medical cannabis, the laws are relatively lenient. You may be allowed to grow up to five or six plants in a single house, but only if the plants are in an area of 100 square feet or less.
In the event that you are convicted of a marijuana offense, you may receive a fine of up to $1,000 and a prison term ranging from three to six months. If you are a first-time offender, you may be eligible for probation instead of a trial.
Cannabis-Centric Offenses in the State
If you have been convicted of a cannabis-centric offense, you may be eligible to have your record sealed or expunged. In some states, this process is automatic.
West Virginia has legalized the possession of marijuana for medical purposes. However, people who are found with the substance can face a variety of penalties. For example, trafficking marijuana into the state can result in a fine of up to $15,000.
People who are convicted of trafficking can receive a maximum of five years in prison. Attempting to adulterate a drug test is also a criminal offense. Those convicted of possessing a small amount of cannabis can file a petition for annulment of their arrest.
It is a federal crime to sell or cultivate marijuana. Depending on the weight of the plant, the penalty can range from simple possession to a felony. Generally, cannabis sales are illegal, but they can occur through loopholes.
The sale of marijuana to a minor is a felony. This crime is punished by a minimum of two years in prison and a maximum of five years.