No. Marijuana in West Virginia is illegal for recreational use. The legislation was introduced in 2019 (HB 2331, Cannabis Standardization Act), which would have decriminalized marijuana and built a distribution network; However, the bill is stagnating. Although the medical use of marijuana was legalized by a law passed in 2017, the system is not yet operational. Its commissioning is scheduled for 2021. Patients will be able to receive 30 days of care. All states with a medical marijuana program have certain restrictions on where a person can legally use cannabis. Near schools, kindergartens, parks or other places where children are expected, cannabis use is illegal. Cannabis use on or in the state or buildings, hospitals or other similar health spaces is also illegal. Private member clubs and landowners may also prohibit or restrict cannabis use on their property at their discretion. Recreational use of cannabis is not legal in West Virginia. (C) is able to maintain effective security and control to prevent diversion, abuse and other illicit conduct related to medical cannabis.
Marijuana enthusiasts may consider themselves unhappy if they live in West Virginia. The only way for them to legally use high-THC cannabis is to become medical marijuana patients. It is illegal to smoke marijuana in public. Similar to growing weed at home, smoking is considered the same offence as possession. They can be arrested and jailed for six months, plus a $1,000 fine. Medical marijuana is legal in West Virginia, in the form of dried leaves or plants, pills, oils, gels, creams or ointments, extracts consumed by vaporization or nebulization, dye liquids and skin patches. Yes, hemp-derived CBD oil is legal in West Virginia. The 2018 Farm Bill classified hemp as an agricultural product, allowing farmers to grow and sell it for any purpose – including supplements such as CBD oils, gummies, vapes, etc. In the absence of licensed dispensaries and a formal patient registration process, marijuana possession remains illegal in West Virginia.
You can legally buy hemp-derived delta-8 THC in West Virginia. This article provides a comprehensive overview of marijuana laws in West Virginia. We explain when marijuana is legal in the state and when you can expect penalties for possession and other marijuana-related activities. You`ll also learn about the federal legal alternative to marijuana in West Virginia — and where to find it. No. Only medical marijuana is legal in West Virginia. Several laws legalizing recreational marijuana have stalled. In all states with a medical marijuana program, the only way to purchase medical cannabis products is through a legally licensed dispensary or pharmacy or other legally designated place to purchase cannabis. Only people with a legal license to sell cannabis can do so. Three bills are pending that would have legalized marijuana and established a production and distribution system – HB 2331, the Cannabis Standardization Act (HB 3108) and HB 2376 – but all have remained stalled. Medical marijuana was legalized by the passage of SB 386 in 2017, which created the Medical Cannabis Act. The original legislation did not allow the sale of cannabis flowers, but SB 339, passed in 2020, added “dried leaf or plant” to acceptable forms of medical cannabis.
To qualify for a medical marijuana card in West Virginia and legally purchase medical cannabis from one of the state-licensed dispensaries, you only need to meet the following three requirements: (8) Name, residential address, and title of each donor and principal of the applicant. Any individual or legal representative of a corporation must file an affidavit with the application stating: The sale, distribution and cultivation of marijuana is also illegal. Those who break the law can face a conviction, a mandatory one-year jail term and a fine of up to $15,000. Medical cannabis laws were introduced in West Virginia every year between 2010 and 2015, when West Virginia Senate Bill 546 and West Virginia House of Representatives Bill 2909 attempted to legalize medical marijuana, but did not advance until the end of the legislative session on March 14.  Delta 8 THC products made from hemp are legal throughout the country; State law also allows the sale of delta-8-THC and other hemp-derived isomers as long as they contain no more than 0.3% delta-9-THC. To purchase medical marijuana at licensed dispensaries in West Virginia, you must first obtain a West Virginia marijuana card. Once you have your card, you can shop at any pharmacy in the state and legally purchase medical marijuana products like flowers, tinctures, concentrates, vapes, capsules, topicals, and more! Cannabis in West Virginia is illegal for recreational use. Possession of small amounts is an administrative offence.  Medical use was legalized by a law passed in 2017.
Disclaimer: The content of this website and any pages attached or referenced has been compiled by Flowhub for informational purposes only. It is not intended and is not considered legal advice. This article is current to 28.09.22. Cannabis regulations are evolving rapidly, and legal advice of any kind should be obtained from legal counsel. It is currently illegal to grow medical marijuana in West Virginia, even with a valid medical marijuana card. Public intoxication is illegal in West Virginia. Penalties would likely be imposed based on marijuana possession laws. Possession of any amount can result in a misdemeanor conviction, up to six months in jail and a $1,000 fine. Currently, the cultivation and possession of cannabis plants is still illegal in the state of West Virginia. Legislation is pending to allow some patients to grow medical cannabis, thanks to the recent legal addition of dry leaves and plant products added in 2020. House Bill 2550 would allow patients and caregivers to grow up to ten cannabis plants (up to five mature) for medicinal purposes. Marijuana is legal in West Virginia for medical purposes.
However, recreational users may still face stiff penalties for simple possession. In March 2019, Governor Justice said he was “one hundred percent against recreational marijuana,” but in March 2021, he indicated that his opposition was weakened and that he would be willing to sign a bill to legalize adults if lawmakers sent it to his office. Click here to send lawmakers a message urging them to support legalization. In August 2016, the West Virginia Center on Budget and Policy released a detailed report examining the potential economic and fiscal impact of cannabis legalization in the state. They concluded that West Virginia could collect about $45 million in taxes and save $17 million currently spent on enforcement. The report also noted that “marijuana could potentially positively impact West Virginia`s opioid-based painkiller and heroin epidemic by offering a different, less addictive alternative for people with debilitating illnesses.” The 2022 West Virginia legislature adjourned on Saturday, March 12. While several cannabis policy reforms have been introduced – including bills to expand the state`s medical cannabis program, decriminalize cannabis possession, and legalize and tax cannabis for adults – none have been addressed this year. West Virginia remains one of 19 states that have not yet decriminalized cannabis possession. Under current law in West Virginia, a first offense for possession of any amount of cannabis carries a mandatory jail term of at least 90 days (with parole of up to 15 grams with probation). These laws are among the toughest in the country, and their impact on West Virginians — disproportionately West Virginians of color — is obvious. According to the ACLU, West Virginia ranks fourth in the country for the greatest racial inequality in cannabis possession arrests, with blacks being arrested 7.3 times more often than whites.
West Virginians strongly support the reforms, with 68% in favor of legalizing cannabis. Please contact your legislators and ask them to decriminalize or legalize cannabis! Yes, telemedicine is legal in West Virginia, and you can get certified for cannabis online. Even in states where medical marijuana is legal, it is illegal to drive under the influence (DUI). If you suspect drunk driving, you will be asked to take a breath, blood or urine test. Delta 8 products made from hemp are milder than marijuana; They are less likely to make you anxious or paranoid; And best of all, they are legal at the federal level.