Is Weed Legal In west virginia In 2023? West Virginia Cannabis Laws Explained

Medical marijuana is legal in West Virginia, but recreational marijuana is not. Medical marijuana was legalized in West Virginia in 2017, and the state’s medical marijuana program began operating in 2019. Patients with certain qualifying medical conditions can apply for a medical marijuana card and purchase cannabis products from licensed dispensaries.

Recreational marijuana remains illegal in West Virginia. Possession of any amount of marijuana is a misdemeanor, punishable by up to 30 days in jail and a fine of up to $500. A second offense is punishable by up to 90 days in jail and a fine of up to $1,000. A third offense is a felony, punishable by up to one year in prison and a fine of up to $2,500.

Here, We’ll Delve Into The Details Of West Virginia’s Cannabis Laws To Give You A Clear Understanding Of The Current Situation.

Medical Marijuana in West Virginia

In a progressive move, West Virginia legalized medical marijuana in 2017. The state’s medical marijuana program officially began in 2019. This development has provided relief and treatment options for patients suffering from certain qualifying medical conditions. Let’s break down the key aspects of medical marijuana in West Virginia:

Qualifying Medical Conditions:

To access medical marijuana in West Virginia, individuals must have one of the following qualifying medical conditions: cancer, chronic pain, epilepsy, glaucoma, multiple sclerosis, post-traumatic stress disorder (PTSD), sickle cell anemia, or severe nausea or vomiting associated with cancer treatment or chemotherapy.

Application Process:

Those seeking to become medical marijuana patients must complete an application through the West Virginia Office of Medical Cannabis. This process includes submitting a completed application form, obtaining a physician’s certification, and paying a $50 application fee.

Purchase Limits:

Medical marijuana patients are subject to restrictions on the quantity of cannabis products they can purchase. They can acquire up to a 30-day supply of cannabis products at a time.

Product Forms:

West Virginia’s medical marijuana program offers a variety of product forms, including oils, tinctures, capsules, edibles, and topical products, to cater to the diverse needs of patients.

Recreational Marijuana in West Virginia

Recreational marijuana use remains illegal in West Virginia, with associated penalties for possession, sale, and distribution. Here’s a breakdown of the current regulations:


Possession of any amount of marijuana is classified as a misdemeanor, carrying penalties of up to 30 days in jail and a fine of up to $500 for a first offense. Subsequent offenses may lead to more severe penalties, including up to 90 days in jail and fines up to $1,000 for a second offense, and a third offense is considered a felony, with potential imprisonment of up to one year and fines of up to $2,500.

Sale or Distribution:

Selling or distributing marijuana is treated as a felony, punishable by up to five years in prison and fines of up to $15,000. Additionally, trafficking marijuana into West Virginia is subject to imprisonment for up to five years and fines of up to $10,000.

Public Consumption:

Public consumption of marijuana is strictly prohibited.

Other Important Laws:

Driving Under the Influence: Operating a vehicle under the influence of marijuana is illegal and subject to penalties.

Employment: Employers are not mandated to accommodate medical marijuana use.

Housing: Landlords have the discretion to allow or disallow medical marijuana use on their properties.


In conclusion, as of 2023, medical marijuana is legal in West Virginia, but recreational marijuana remains prohibited. The state’s medical marijuana program provides relief to patients with qualifying medical conditions, while recreational use is subject to penalties. The pending legislation may offer a glimpse of potential changes on the horizon, but until then, it is essential for individuals to understand and comply with the existing cannabis laws in West Virginia.

West Virginia Cannabis Laws FAQs

Q. Is Marijuana Legal In West Virginia?

Medical cannabis was legalized in West Virginia in 2017. but recreational marijuana remains illegal in West Virginia.

Q. How Much Marijuana Am I Allowed To Purchase In West Virginia?

Patients in West Virginia are permitted to acquire a supply of marijuana prescribed by their physician, typically covering a 30-day period. This allowance encompasses various product forms, such as infused pills, oils, topicals, liquids, dermal patches, and dry leaf flower, with the specific limit contingent on the patient and their medical condition.

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