West Virginia Marijuana Laws
This information is taken directly from NORML.org.
| Posession | incarceration | fine | |
|---|---|---|---|
| Any amount | Misdemeanor | 90 days - 6 months | $1,000 |
| Conviction of possession of less than 15 grams triggers an automatic conditional discharge. | |||
| sale or cultivation | incarceration | fine | |
|---|---|---|---|
| Any amount | felony | 1 -5 years | $15,000 |
| Sale to a minor or within 1,000 feet of a school | felony | 2 years MMS | variable |
| paraphernalia | incarceration | fine | |
|---|---|---|---|
| Paraphernalia sale | misdemeanor | 6 months - 1 year | $5,000 |
| Subsequent offenses double the possible penalties. | |||
| details | |
|---|---|
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Possession of marijuana is punishable by 90 days - 6 months in jail and a fine up to $1,000. Possession with intent to manufacture or deliver a controlled substance is a felony and can result in imprisonment of not less than one year and not more than five years, or a fine of fifteen thousand dollars, or both. Conviction of possession of less than 15 grams triggers an automatic conditional discharge. Conditional discharge does not apply to a defendant who has previously been convicted of any offense relating to narcotic drugs or marijuana. Cultivation, delivery or sale is punishable by 1 - 5 years in prison and a fine up to $15,000. Sale to a minor or sale within 1,000 feet of a school requires a two-year mandatory minimum sentence for the sale. Transportation of marijuana into the state with the intent to deliver is punishable by 1 - 5 years in prison and a fine up to $15,000. Subsequent offenses double the possible penalties. Operating an illegal drug paraphernalia business is punishable by 6 months - 1 year in jail and a fine up to $5,000. |