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  • J.L Campbell

Laws, Fines, and Penalties for Misuse of Marijuana in West Virginia

Marijuana has been legal in the Mountain State since July of 2018 and finally became available for purchase when the first dispensaries in the state opened last November. This means that anyone who has their West Virginia medical marijuana card can legally possess and consume cannabis.

But, for those who don’t have their medical cards, marijuana is still against the law. Even those patients who are part of the state’s medical marijuana program can get in trouble if they don’t consume their cannabis within the bounds of the law. Here at West Virginia Marijuana card, we’re here to keep you up to date on state cannabis laws and the penalties residents may face if they don’t adhere to them.

You Can’t Smoke MMJ in Public in West Virginia

Yes, medical marijuana is legal in West Virginia. Unfortunately, you can’t smoke cannabis in public even if you have your medical card. The only place you can legally smoke your medical marijuana is in the privacy of your own home. Of course, there are ways to consume marijuana without smoking.

Some of the most discreet ways to enjoy cannabis include tinctures and edibles. Vaping cannabis is one of the most popular alternatives to smoking, but you should be discreet about it. Technically, vaping isn’t smoking, but many establishments look at it the same way as smoking and you may get asked to leave the premises.

Growing Cannabis Is Against the Law in West Virginia

Unfortunately, West Virginia’s medical marijuana program does not currently allow home cultivation. Laws in many other states do allow medical marijuana patients to grow their own plants, so we are hopeful that the laws will change at some point. For now, though, you cannot legally grow your own cannabis. Instead, you’ll have to get your medicine by visiting one of the state’s medical marijuana dispensaries.

Out of State MMJ Cards Are NOT Valid in WV

At the moment, West Virginia does not allow out-of-state reciprocity for those who are visiting. This means that if you have a medical marijuana card from a different state, it will not be valid in West Virginia. So, if you are found consuming or in possession of cannabis, you may find yourself facing legal action.

What If You Don’t Have Your Card?

If you don’t have your medical marijuana card, possessing and consuming cannabis is illegal in West Virginia. It isn’t worth the legal hassle and consequences, especially when you can legally enjoy marijuana by simply scheduling an appointment with a cannabis doctor and getting your card. If you don’t have your card, here are some of the penalties you may face for violating marijuana laws in West Virginia:


Possession of cannabis in any amount is a misdemeanor, punishable by 90 days to six months in jail and a fine of up to $1,000.

Selling or Distributing Marijuana

Illegally selling cannabis in WV, regardless of the amount is a felony with a mandatory minimum incarceration of one year and a total sentence of up to five years, as well as a fine of up to $15,000. If you happen to be trafficking to a minor or within 1,000 feet of a school, the mandatory minimum sentence jumps to two years.


Simply having paraphernalia related to cannabis could get you into trouble if you don’t have your medical card. It is a misdemeanor and carries a mandatory minimum six month sentence as well as up to a year of incarceration and a fine of up to $5,000.

Many of these sentences and fines seem excessive, and they are holdovers to a time when the American justice system was in denial about the incredible medical benefits of cannabis. Change is a process, and momentum is on our side. In the meantime, isn’t it worth avoiding the hassle when you can enjoy cannabis without any legal issues simply by getting your West Virginia medical marijuana card?

Relax. It’s Legal

Cannabis is perfectly legal in West Virginia, as long as you have your medical marijuana card. If you need help getting your card, our compassionate cannabis doctors are here to help.They will help you navigate every step of the way.

West Virginia’s program offers medical marijuana to patients with certain conditions and even offers an online application process! That’s right- you can even get your medical marijuana card online from the comfort of your own home with West Virginia Marijuana Card!

To get your medical marijuana card online in West Virginia, simply schedule your medical marijuana evaluation appointment today and get access to legal marijuana products available at dispensaries!

Being a West Virginia medical marijuana patient allows you the freedom to take your medication the right way for you. We’re dedicated to helping patients every step of the way!

Feel free to give us a call at 877-303-8424 and we can answer your questions about getting a medical marijuana card in West Virginia.


Doctors Who Care.

Relief You Can Trust.

West Virginia Marijuana Card’s mission is to help everyone achieve

wellness safely and conveniently through increased access to medical marijuana.

Our focus on education, inclusion, and acceptance will reduce the stigma for

our patients by providing equal access to timely information and compassionate care.

If you have any questions, call us at 877-303-8424, or simply book a medical marijuana evaluation to start getting relief you can trust today!

Check out West Virginia Marijuana Card’s Blog to keep up to date on the latest medical marijuana news, tips, and information and follow us on Facebook, Twitter, and Instagram to join the medical marijuana conversation in West Virginia.


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