While West Virginia Marijuana Laws and Penalties has not enacted a medical marijuana program, as of 2010, this state has created a conditional release for first time drug offenders. On the other side of the spectrum, this state also carries mandatory minimum sentences for those caught selling or marijuana legislation. If you consume marijuana and you live in West Virginia, it is important to understand the laws and potential penalties associated with this herb. Below you will find a complete list of all current West Virginia marijuana lawyers laws and penalties.
Possession of Marijuana in West Virginia:
If you are caught with any amount of marijuana in West Virginia, then you will be charged with a misdemeanor offense. This offense is punishable by 90 days to six months in jail and a maximum fine of $1,000. If you have less than 15 grams of marijuana on your person, then you will not have to serve any jail time, rather this state requires all offenders with less than 15 grams to be released on an automatic conditional discharge. This discharge requires offenders to undergo probation or a drug treatment program.
Marijuana Sale or Cultivation in West Virginia:
If you are caught growing or selling any amount of marijuana in West Virginia, then you will be charged with a felony offense. This offense is punishable by one to five years in prison and a maximum fine of $15,000. Obviously, the more marijuana you are caught with the longer your jail time will be as well as the more your fine will be.
If you are caught selling marijuana to a minor (a person under the age of 18) or within 1,000 feet of a school or a drug-free zone, the you will be charged with a felony. This serious charge carries a mandatory minimum sentence of two years and a fine that is based on the amount of marijuana you are caught selling as well as prior drug convictions.
If you are caught transporting any amount of marijuana into West Virginia with the intent to sell, then you will be charged with a felony. This offense is punishable by one to five years in prison and a maximum fine of $15,000.
Marijuana Paraphernalia in West Virginia:
If you are caught selling paraphernalia, you will be charged with a misdemeanor. This offense is punishable by six months to one year in prison, and carries a maximum fine of $5,000.
It is important to understand, that any subsequent marijuana related conviction double the penalties, which include incarceration time and fine amount.