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Understanding marijuana laws in West Virginia

On Behalf of | Oct 4, 2021 | Criminal Defense |

The legal status of cannabis has been thrown in and out of limbo, having been legalized in numerous states while remaining federally illegal. If you’re traveling out of state, it’s important to know which regulations to follow to stay on the right side of the law. For those living in South Carolina wondering what the marijuana laws are in West Virginia, it’s a good idea to find out for sure to avoid making mistakes that lead to legal consequences.

Cannabis is illegal in West Virginia

It is not legal for adults to use marijuana in this state. Marijuana is classified as a Schedule I controlled substance under West Virginia’s marijuana laws. Being caught with any amount of marijuana in your possession is considered a misdemeanor, leading to no less than 90 days of incarceration if it is the first offense. This incarceration period may last up to six months and come with a maximum fine of $1,000.

For first-time possession charges of less than 15 grams of marijuana, a conditional discharge is possible. This means that instead of legal conviction, the court may simply put the offender on probation for a set period of time, involving drug testing and supervision.

If a marijuana charge includes sale or distribution, the act becomes a felony. This comes with a mandatory minimum incarceration period of one year but may go up to five years. The maximum fine for marijuana sale or distribution, which includes trafficking the substance into the state, is $15,000.

The most serious criminal defense cases in marijuana law are when an individual sells or distributes cannabis to a minor. For these offenses, the minimum prison sentence jumps up to two years. This is also the case when marijuana is sold or distributed within 1,000 feet of a school.

When an individual is caught in possession of hashish and other marijuana concentrates, the penalties are the same. These offenses are generally handled with the same criminal defense strategies.

It’s highly advisable that you carefully review the marijuana laws wherever you go, particularly when traveling. If you transport, obtain or use cannabis within the borders of a different state, the governing rules for the controlled substance may differ completely from those of your home state.