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West Virginia – allowed marijuana usage and limitations

Since 2017, West Virginia has looked favorably on medical marijuana usage for specific pre-determined medical conditions. However, there is a slight catch: until July 2019, the old laws apply, and medical marijuana usage remains illegal. Recreational users are still looking for a solution to smoke it legally as well. Although attempts have been made to legalize it for recreational use, none have been successful thus far.

Getting caught with it in public can lead to 6 months of imprisonment and up to $1,000 in fines. This applies to any amount, so carrying as little as a single joint can lead to the same level of punishment. Any subsequent offenses, and the punishment will be adjusted accordingly (to 12 months in jail and $2,000 in fines).

If your intent was to sell or distribute it, the consequences of getting caught are even less forgiving: the prison sentence can be extended to 5 years and you can expect to pay up to $15,000 in fines.

Given the above, it’s natural to assume that cultivating marijuana remains illegal in West Virginia as well, and that would be correct. Trying to distribute marijuana to a minor or trying to make sales within 1,000 feet of a school or park is nothing to toy around with, since getting caught means spending at least 2 years in prison before being able to be paroled out.

The tricky part about marijuana laws in West Virginia is that you aren’t even allowed to sell any drug paraphernalia, so no bongs, pipes, etc., or else you can get in trouble with the law.

Logically, driving under the influence of marijuana is illegal in West Virginia. However, you are under no obligation to submit your bodily fluids for testing if you’re suspected of doing so, and refusing to be tested won’t have any negative consequences. Still, it’s probably not a good idea to take advantage of this, simply because driving while high has a negative effect on your ability to operate a vehicle.

Should you opt to get tested and they find traces of marijuana in your body, your drivers license will be revoked for up to six months, you will be required to pay anywhere between $100 and $5,000, and you can expect to serve up to 6 months of prison time. As you might have guessed, this applies to first-time offenders and the punishment goes up with each subsequent offense.

As for using marijuana products in a workplace environment, the medical marijuana card holders will be legally protected from any form of discrimination once the changes go live. The rest of the employees are out of luck; in fact, the employers will even have a legal right to test for traces of drugs and alcohol in their system.

In any case, obtaining a medical marijuana card is the only way to legally smoke weed in West Virginia, and only a those who have a serious illness are eligible to obtain it: this includes HIV/AIDS, Cancer, Crohn’s disease, Epilepsy, Huntington’s…

Despite all of this, trying to take any of it over the border is a felony – marijuana remains illegal at the federal level, at least for the time being.