Cannabis law in West Virginia (2026)

Last reviewed: 9 October 2026

In short: Possession of marijuana is a misdemeanour in West Virginia; a first offence involving less than 15 grams is dealt with by conditional discharge without a conviction. Adult-use sales and home growing are not permitted. A medical cannabis programme operates through permitted dispensaries.

RuleWhat applies
Possession for personal usePersonal use by an adultCriminal offence [1]
Quantity limitsPersonal use by an adultNo quantity is lawful without a medical certification. Possession is a misdemeanour: at least 90 days and up to six months in jail, or a fine of up to $1,000, or both. A first offence involving less than 15 grams of marijuana is disposed of by conditional discharge. [1]
Growing at homePersonal use by an adultProhibited [2]
Sale to consumersPersonal use by an adultProhibited [2]
Medical cannabisPersonal use by an adultLegal for medical use [3]
Driving after cannabis usePersonal use by an adultDriving while under the influence of any controlled substance or other drug is driving in an impaired state, a misdemeanour (up to six months in jail and a $100 to $500 fine for a basic offence). The only fixed limit in the definition is for alcohol. [4]

Notes

  • Conditional discharge (probation, then dismissal without adjudication of guilt) is available once to a person with no prior drug conviction.
  • Growing medical cannabis is unlawful unless the grower or processor holds a bureau permit or is an authorised health care medical cannabis organisation. Patients and caregivers may not grow.
  • Medical cannabis may be dispensed to a certified patient or caregiver with a bureau identification card in forms such as pill, oil, topical, vaporisation, tincture, liquid or dermal patch. Smoking is unlawful, and dry leaf is excluded unless the bureau's rules allow it.

Sources

  1. West Virginia Legislature: West Virginia Code § 60A-4-401 - Prohibited acts; penalties (consulted 9 October 2026) · all sources
  2. West Virginia Legislature: West Virginia Code § 16A-3-3 - Unlawful use of medical cannabis (consulted 9 October 2026) · all sources
  3. West Virginia Legislature: West Virginia Code § 16A-3-2 - Lawful use of medical cannabis (consulted 9 October 2026) · all sources
  4. West Virginia Legislature: West Virginia Code §17C-5-2 Driving under influence of alcohol, controlled substances, or drugs; penalties (consulted 10 October 2026) · all sources

National rules that also apply

These rules are set at national level in the United States and apply here too, alongside the rules above. All national rules for the United States

Possession for personal useCriminal offence (source: U.S. Government Publishing Office (govinfo))
Growing at homeProhibited (source: U.S. Government Publishing Office (govinfo))
Sale to consumersProhibited (source: U.S. Government Publishing Office (govinfo))

West Virginia and neighbouring states

StatePossession for personal useGrowing at homeSale to consumersUse or carrying in public placesMedical cannabisVisitors
West Virginia
Criminal offence (misdemeanour)
Prohibited
Prohibited (medical dispensaries only)
—
Certified patients, limited forms
—
Kentucky
Class B misdemeanour, max 45 days
No (licensed cultivators only)
Trafficking is an offence
Patients only; no smoking, no vaping in public
Medical programme (KRS 218B)
Visiting patients 21+ with out-of-state card
Maryland
Legal for adults 21+, within limits
Yes: 2 plants per household
Licensed dispensaries only
Smoking banned in public places
Medical programme (card needed)
Out-of-state adults 21+ may buy
Ohio
⚠ Not yet verified
⚠ Not yet verified
⚠ Not yet verified
⚠ Not yet verified
Medical programme (qualifying conditions)
No residency rule in the definition
Pennsylvania
Criminal offence (misdemeanour)
Prohibited
Prohibited (medical dispensaries only)
—
Certified patients, 24 conditions
—
Virginia
Legal for adults 21+ within limits
Up to 4 plants per household
No legal sales until 1 July 2027
No consumption in public places
Practitioner certification
Not addressed (21+ only)

More rules in West Virginia

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General information, not legal advice. Rules change: check the official source before you fly or ride.