“West Virginia, mountain momma, take me home, country roads.” – John Denver
West Virginia is indeed a beautiful place and many songs have been created about it. We wish we could say the same about West Virginia and how they handle marijuana and its corresponding laws.
Possession of Marijuana in West Virginia
In West Virginia the possession of any amount of marijuana is a misdemeanor and punishable by 90 days – 6 months in prison and a max fine of $1,000.
Selling and Distributing Marijuana in West Virginia
If you get busted selling marijuana in West Virginia things will not go well for you. West Virginia is intolerant to any sale or distribution and there is a mandatory minimum sentence in place.
What is the MMS law in West Virginia? When someone is convicted of an offense punishable by the MMS, the judge MUST sentence the defendant to the mandatory minimum sentence or to a higher sentence! On top of this a person serving a mandatory minimum sentence is not eligible for parole. So to put this into perspective, even peaceful marijuana smokers sentenced to “life MMS” must serve a life sentence. And don’t forget, there is no chance of parole.
Ok, back to the fun topic of getting busted in West Virginia. The sale of any amount of marijuana is a felony, an mms of 1 year up to 5 years and a fine of $15,000. Trafficking marijuana into any part of West Virginia is a felony, an mms of 1 year up to 5 years and a fine of $15,000. If you are busted selling marijuana to a minor or within 1000ft of a school, you are looking at a felony, a 2 year mms and $0 fine. Lucky you.
Cultivating in West Virginia
Cultivation is treated the same as possession and sale/distribution laws.
Hash and Concentrates
Penalties for hashish are the same as for marijuana. See above.
Paraphernalia in West Virginia
Paraphernalia is treated much the same as hash/possession and cultivation. This means the line in the sand is pretty clear. Basically if you are involved in any part of the illegal drug paraphernalia business and you get busted, it’s a misdemeanor an mms of 6 months up to 1 year and a sweet little fine of $5,000.
Busted for Tampering with Drug Tests
This is a bit of an odd one that isn’t typical in most states; any attempt to adulterate a drug screening test is a misdemeanor up to 1 year in prison and a max fine of $10,000. No fun and no fair!
On top of all of the above you are looking at civil asset forfeitures and a mandatory driver’s license revocation for any felony offense when a motor is used.
In conclusion, it’s pretty clear to see that West Virginia is a place we recommend steering clear of when it comes to marijuana and getting busted.