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.
| Rule | What applies |
|---|---|
| Possession for personal usePersonal use by an adult | Criminal offence [1] |
| Quantity limitsPersonal use by an adult | No 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 adult | Prohibited [2] |
| Sale to consumersPersonal use by an adult | Prohibited [2] |
| Medical cannabisPersonal use by an adult | Legal for medical use [3] |
| Driving after cannabis usePersonal use by an adult | Driving 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
- West Virginia Legislature: West Virginia Code § 60A-4-401 - Prohibited acts; penalties (consulted 9 October 2026) · all sources
- West Virginia Legislature: West Virginia Code § 16A-3-3 - Unlawful use of medical cannabis (consulted 9 October 2026) · all sources
- West Virginia Legislature: West Virginia Code § 16A-3-2 - Lawful use of medical cannabis (consulted 9 October 2026) · all sources
- 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 use | Criminal offence (source: U.S. Government Publishing Office (govinfo)) |
|---|---|
| Growing at home | Prohibited (source: U.S. Government Publishing Office (govinfo)) |
| Sale to consumers | Prohibited (source: U.S. Government Publishing Office (govinfo)) |
West Virginia and neighbouring states
| State | Possession for personal use | Growing at home | Sale to consumers | Use or carrying in public places | Medical cannabis | Visitors |
|---|---|---|---|---|---|---|
| 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
- Car speed limitsBuilt-up areas: 25 mph · Outside built-up areas (single carriageway): 55 mph
- Minimum age for a car driving licenceMinimum age for a car licence: 16 (intermediate licence) · Earliest age to drive a car supervised: 15 (level one permit)
- E-bikes and speed pedelecsLegal class: Three classes
- FireworksConsumers may buy and use category F2 fireworks: Yes · Minimum age to buy: 18
- Knives and pepper sprayFolding pocket knives: Allowed; 18+ for concealed · Locking or one-handed knives: Switchblade/gravity: 18+ may carry concealed
- Statutory minimum wageNational statutory minimum wage: Yes (state law) · Current adult minimum wage (gross): $8.75 per hour
- Using a mobile phone while drivingHolding a phone while driving banned: Banned · Hands-free use: Allowed
- Seat belts and child seatsSeat belt compulsory in front seats: Yes · Seat belt compulsory in rear seats: Only passengers under 18
- Tobacco and nicotine age limitsMinimum age to buy tobacco: 21 · Minimum age to buy e-cigarettes: 21
- Drinking age and alcohol salesMinimum age to buy beer and wine: 21+ (purchase, consume, possess) · Minimum age to buy spirits: 21+ (purchase, consume, possess)
- Drink-driving limitsBlood alcohol limit for ordinary drivers: 0.08% · Lower limit for novice or young drivers: 0.02% (under 21)
Related pages
General information, not legal advice. Rules change: check the official source before you fly or ride.