West Virginia Marijuana Laws

Current Legality State
Medical Program Only
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West Virginia State Information Page

  • Medical use program only
  • Not decriminalized
  • Medical cannabis patients can possess up to a thirty-day supply; recreational marijuana possession is still illegal for adult consumption.
  • Cultivation of the dry leaf or plant is illegal 
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Medical marijuana is legal in West Virginia; however, recreational laws have not yet caught up. Lawmakers of the current administration passed West Virginia’s medical marijuana law in April of 2017, but the law wasn’t fully approved until 2019. The first medical cannabis dispensary opened in Morgantown in late 2021, and multiple dispensaries statewide are preparing to open their doors this year.

State Laws and Offenses

Here’s a list of penalties for West Virginia’s possession, sale, and distribution of marijuana, concentrate, or paraphernalia.

  • Marijuana is a Schedule I controlled substance in the state of West Virginia
  • Federally, cannabis is still in the category of Schedule I Controlled Substances
  • Simple possession of marijuana in any amount is a misdemeanor punishable by not less than 90 days, nor more than six months, and not fined more than one thousand dollars.
  • Sale and Distribution of any kind can result in a felony punishable by no less than one year, no more than five years, imprisonment, and a fine of not more than 15,000 USD.
  • Cultivation in West Virginia will be punished based upon the aggregate weight of the plants found.
  • Any person who conducts, finances, manages, supervises, directs, or owns all or part of an illegal drug paraphernalia business is guilty of a misdemeanor and is subject to no more than a 5,000 USD fine, or no less than six months and no more than one-year imprisonment.
  • Any person convicted of driving under the influence of recreational cannabis or any felony in the commission of which a motor vehicle is used is subject to mandatory driver’s license revocation.

A medical cannabis patient must have one of the following qualifying health conditions to purchase marijuana: 

  • Amyotrophic lateral sclerosis or Lou Gehrig’s Disease
  • Cancer
  • Crohn’s disease
  • Epilepsy
  • Huntington’s disease
  • Intractable seizures
  • Multiple sclerosis
  • Neuropathies (chronic nerve pain)
  • Parkinson’s disease
  • Post-traumatic stress disorder
  • Severe chronic or intractable pain
  • Spinal cord damage
  • Sickle cell anemia
  • Terminally illness


Book An Appointment

You will schedule an appointment to see a medical marijuana doctor in West Virginia at a time that is most convenient for you. Provide basic medical history and book your appointment with a licensed medical marijuana doctor.



Consult with a doctor for a quick evaluation of your ailments, and ask any questions you may have about medical marijuana treatment.



Within 24 hours after the evaluation, the doctor will send your certificate via email for your recommendation for medical marijuana. After receiving that recommendation, you can then apply with the state of West Virginia to complete the registration process.

Does West Virginia accept out-of-state medical cards?

West Virginia does not accept out-of-state medical cards at this time. However, there are certain exceptions for terminally ill cancer patients. 


When does my West Virginia medical card expire?

Medical cards expire one year from the date the patient completes the registration process with the state.

West Virginia marijuana DUI laws

The penalties for driving under the influence after drug testing in West Virginia are as follows:

  • The first offense will result in up to six months in jail, a maximum 500 USD fine, and up to six months of driver’s license revocation.
  • The second offense is a Misdemeanor with a mandatory minimum of six months and up to one-year imprisonment, maximum 3,000 USD fine, up to ten years of driver’s license revocation, and possible probation
  • The third offense will result in a Felony with mandatory two years and up to five years’ imprisonment, a maximum 5,000 USD fine, and potentially lifetime driver’s license revocation.

West Virginia marijuana growing laws

West Virginia does not permit medical marijuana patients to cultivate their own cannabis.

West Virginia public consumption laws

Public intoxication from substances is illegal in West Virginia. Convictions and fines would be given according to the state’s marijuana possession laws. The possession of even minor amounts of cannabis in leaf or plant form could result in a misdemeanor with up to six months in jail and a 1,000 USD fine.

West Virginia city specific laws

The laws listed here are for the state. Cities, counties, schools, universities, and employers may set their own rules and consequences. Be sure to check how marijuana laws differ in each county or town before you use.

In a recent poll, seventy percent of West Virginia voters supported an initiative to legalize cannabis.


Similar to other states in the South, marijuana is currently not legal for recreational use in the state of West Virginia. Due to the medical marijuana program that has been established, it will be permitted for medicinal purposes only. Those that have applied and obtained a West Virginia cannabis license or certified patients will be allowed possession.

No, medical marijuana patients or caregivers are not permitted to grow their own cannabis in WV. 

Yes.  The West Virginia Office of Medical Cannabis encourages eligible West Virginia residents with severe medical conditions to register for a medical cannabis identification card at www.medcanwv.org.

Requirements are as follows: 

  • Be 18 years of age or older
  • You must be able to provide proof of your IL residency
  • You must have a diagnosis that qualifies in Illinois and a doctor’s prescription.
  • You must submit a signed Physician Certification with your MMP application – and that is where Leafy Doc can help.  We can assist with booking your appointment and then provide the Physician Certification so that you can apply to get your medical card. Once you have the card, you may visit licensed medical marijuana dispensaries and even grow medical cannabis.

Cannabis Policy Reform Timeline

2016: The West Virginia Center on Budget and Policy published an extensive report on the potential benefits and impacts of cannabis legalization on the economy

2017: Senate Bill 386 was passed to legalize medical marijuana and signed by Governor Justice to establish the state’s medical cannabis program

2018: An advisory board from several medical cannabis organizations recommended adding whole-plant cannabis to the bill

2019: Legislation passed to allow vertical integration of dispensaries and increasing the legal number of them to 100. 

2020: Dry leaf, plant form cannabis was added to the medical cannabis act

2021: The first medical dispensary was opened in Morgantown; The Office of Medical Cannabis began allowing qualified patients to register for the medical marijuana program. West Virginia’s economy has benefitted exponentially from cannabis sales.

Updated 6.14.2022