West Virginia Marijuana Laws (2026)
Is marijuana legal in West Virginia? Complete guide to West Virginia cannabis laws including possession limits, penalties, medical program details, and what happens if you're charged.
West Virginia Marijuana Status at a Glance
Is Marijuana Legal in West Virginia?
Marijuana in West Virginia is currently: Medical only
West Virginia has a medical marijuana program
West Virginia Marijuana Possession Penalties
| Amount | Penalty |
|---|---|
| Small Amount | Misdemeanor: up to 90 days, $1,000 fine |
| Large Amount | Felony for larger amounts |
West Virginia Medical Marijuana Program
West Virginia has an active medical marijuana program. Qualifying patients with a valid medical marijuana card are permitted to possess and use cannabis for approved medical conditions. Possession limits and qualifying conditions vary — check with the West Virginia Department of Health for current program details.
Recreational Marijuana in West Virginia
Recreational marijuana is not legal in West Virginia. Possession of marijuana for non-medical purposes may result in criminal charges ranging from a civil infraction to a felony depending on the amount involved and your prior record.
Marijuana DUI in West Virginia
Even in states where marijuana is legal, driving under the influence of cannabis is a criminal offense in West Virginia. Law enforcement can charge you with DUI/DWI if you are impaired while driving, regardless of whether marijuana is legal in the state. There is no universally agreed-upon THC blood level equivalent to alcohol's 0.08% BAC — impairment is assessed by officers and drug recognition experts.