West Virginia Marijuana Laws
Although West Virginia has historically been opposed to any type of legalization, recently it passed a bill that allows seriously ill patients to legally access and use marijuana for medical purposes. Learn more about West Virginia marijuana laws below.
Recreational Marijuana in West Virginia
Is marijuana legal in West Virginia? No, possession of any amount of marijuana in West Virginia is a misdemeanor, punishable by 90 days to 6 months in prison and a maximum fine of $1,000. Compared to other states where marijuana is illegal, West Virginia’s policy is relatively lenient. The state also can offer conditional discharge for first time offenders found in possession of less than 15 grams. Discharge is not a legal conviction.
Medical Marijuana in West Virginia
West Virginia became the 29th U.S. state to allow the use of marijuana for medical purposes after Gov. Jim Justice signed into law a comprehensive medical marijuana bill in April 2017. The Medical Cannabis Act (Senate Bill 386) allows patients suffering from 15 conditions to apply for a card with permission from a licensed physician.
Initially, the law allowed patients to obtain marijuana in the form of pills, oils, topicals, tinctures, liquid, dermal patch, or non-whole plant forms that are administered with a vaporizer only. In March 2020, Gov. Jim Justice signed a bill allowing sales of “dry leaf or plant form” marijuana. Home cultivation of marijuana plants are prohibited.
Under West Virginia’s law, the following conditions qualify for the use of medical marijuana:
- Amyotrophic Lateral Sclerosis (ALS)
- Crohn’s Disease
- Huntington’s Disease
- Intractable Seizures
- Parkinson’s Disease
- Multiple Sclerosis (MS)
- Post-traumatic Stress Disorder (PTSD)
- Severe Chronic or Intractable Pain
- Sickle Cell Anemia
- Spinal Cord Damage with Intractable Spasticity
- Terminal Illness
Consumption of CBD Hemp Oil in West Virginia
Hemp-derived CBD products are legal under Federal Law in the United States; however, individual state laws are dynamic and fluid. Individual states may enact their own laws governing hemp-derived CBD.
Cultivation of Cannabis in West Virginia
Cultivation of marijuana in West Virginia is a criminal offense. Punishments vary based on the size of the grow, as well as whether the grow is characterized as possession or possession with the intent to distribute.
West Virginia has legalized the cultivation of hemp by licensed growers. In 2002, the West Virginia Legislature approved Senate Bill 447 to recognize hemp containing no more than 1 percent THC as an agricultural crop. Since the federal legalization of commercial hemp in December 2018, West Virginia has had its hemp program proposal approved by the U.S. Department of Agriculture.West Virginia’s hemp law allows farmers to grow, harvest and sell the plant commercially.
Legal Status of Other U.S. States
Stay up to date on the latest state legislation, referendums, and public opinion polls. Our Marijuana Legalization Map allows you to browse the current status of medical and recreational marijuana laws in other U.S. states and territories.
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Industrial hemp application period opens in West Virginia
West Virginia’s hemp industry is continuously growing.
“We have seen tremendous growth within the hemp industry these last few years,” West Virginia’s Commissioner of Agriculture Kent Leonhardt said.
The number of West Virginia licensed industrial hemp growers jumped from 24 in 2017 to 305 in 2020. The producers who were granted a permit for the 2020 growing season planned on raising 2,531 acres of industrial hemp.
On Tuesday, the West Virginia Department of Agriculture announced the opening of the application period for the state’s industrial hemp program for the 2021 growing season. It will be the fourth for commercial harvest of industrial hemp.
WVU researcher to study THC levels in industrial hemp
A researcher at West Virginia University has received $200,000 from the U.S. Department of Agriculture to study industrial hemp for two years.
Drug Overdoses Kill More People In West Virginia Than COVID-19
Trump talks about stopping our “endless wars”, but the Drug War has been going on longer than any of them, and the death rate is higher than all the rest combined.
Although no one will catch a “drug overdose” by sitting next to someone on a bus or at a bar, the widespread prevalence of drug abuse in a society does resemble an infectious disease epidemic in other ways.
West Virginia To Revisit Medical Cannabis Lab Applications
Monday, June 29, West Virginia officially announced the plan to reopen their application process for medical cannabis testing labs so that more labs can get registered and their medical cannabis testing program can get off the ground.
West Virginia Physicians Can Soon Register to Prescribe Cannabis
As of this week, on Thursday, May 28, physicians in West Virginia will be able to register with the West Virginia Department of Health and Human Resources so that they can prescribe medical cannabis to hopeful, future patients in the state.
West Virginia Cashing in on CBD: Hemp farmers apply for permits as new rules go into effect
While it may be hard to describe what exactly hemp is, it is easy to say what it’s not: marijuana.
Industrial hemp is a strain of the cannabis sativa plant that has been cultivated for thousands of years, used extensively for making rope and textiles. Hemp-fiber remnants have been found in Mesopotamia from the B.C. era and China in the early A.D. years.
In West Virginia, hemp production began statewide in 2014 with a pilot program. Nationwide, industrial hemp legalization was included in the 2018 Farm Bill.
USDA Approves More State Hemp Plans
The U.S. Department of Agriculture (USDA) announced this week the approval of hemp production plans for two more states and three more Indian tribes.
The states to get the green light were South Carolina and West Virginia, making them the thirteenth and fourteenth states to gain approval. The tribe plans approved this week were for the Oglala Sioux Tribe, the Seneca Nation of Indians and the Turtle Mountain Band of Chippewa Indians.
West Virginia Lawmaker Plans to Introduce Marijuana Decriminalization Bill
Could West Virginia be the latest state to relax its marijuana laws? Democratic lawmakers there are sending signals that they are ready.
One such legislator, state Delegate Sammi Brown, said that she intends to re-introduce a version of a bill she offered up in last year’s session that aims to “normalize” cannabis.
“What if we had something that put a big green light out there, no pun intended, that said come on home, and this might be it,” Brown said, as quoted by local television station WOWK.
West Virginia (Very Slowly) Getting Ready For Medical Cannabis
The application process for medical cannabis growers, processors, dispensaries and laboratories in West Virginia (finally) kicks off on Thursday local time.
Applications can be lodged online only and the application period will end on February 18, 2020 – no additional submissions will be accepted after that time.
“This is a key step in the process to make medical cannabis available to West Virginians with serious medical conditions,” said Jason Frame, Director of the West Virginia Office of Medical Cannabis last month.
West Virginia to begin accepting medical marijuana permit applications
West Virginia will soon begin accepting permit applications for medical cannabis.
The West Virginia Department of Health and Human Resources (DHHR) Bureau for Public Health will accept applications for growers, processors, dispensaries, and laboratories beginning Dec. 19.
“The announcement of upcoming application availability is the first step in the process of permitting industry applicants,” a DHHR press release states.
The application is online only. The application period will remain open for 60 days. Feb. 18, 2020 at 3 p.m. is the cutoff.
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