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Is Marijuana Legal in West Virginia 2025
Updated 14/08/2025
Is Marijuana Legal in West Virginia 2025?
Yes. Marijuana is legal for medical use in West Virginia in 2025 under the state’s Medical Cannabis Act enacted by Senate Bill 386 and administered by the West Virginia Office of Medical Cannabis (OMC) at the Office of Medical Cannabis. Recreational (adult-use) marijuana remains illegal under state law.
West Virginia Marijuana Possession Laws
Possession of marijuana for non-medical use is illegal. Only registered patients (and, if applicable, caregivers) authorized under the program administered by the West Virginia Bureau of Public Health (BPH) may possess medical cannabis. Possession without authorization is a criminal offense, and penalties vary based on the amount involved and whether it is a first or subsequent offense.
West Virginia Marijuana Cultivation Laws
In West Virginia, cultivation of marijuana for non-medical use is illegal. Only entities holding a state-issued medical cannabis grower permit may cultivate for the medical program; unlicensed cultivation is a criminal offense under state law.
West Virginia Marijuana Penalties
Penalties for marijuana-related offenses vary by offense type and the amount involved. Possession for non-medical use is a criminal offense, and larger quantities or repeat violations can result in more severe penalties, including higher fines and incarceration under state law, as reflected in measures published by the West Virginia Legislature such as Senate Bill 90.
Who can recommend medical marijuana in West Virginia?
Only physicians registered with the state’s medical cannabis program may recommend medical marijuana. These physicians must complete required training and be approved by the West Virginia Bureau of Public Health (BPH) before issuing certifications. Patients must have a qualifying medical condition and obtain a valid medical marijuana card through the state program to access medical cannabis.
Common Questions about West Virginia Marijuana Laws.
Can you smoke marijuana in public in the state of West Virginia? 
No. Public consumption is not permitted. Medical use is limited to private settings and to product forms authorized under state law.
Can anyone go to a dispensary in West Virginia?
No. Only registered patients and, if applicable, their caregivers with valid medical cannabis cards may purchase from licensed dispensaries.
Is marijuana a felony in West Virginia?
It depends on the circumstances. Possession for non-medical use is a criminal offense, and felony charges can apply based on factors such as quantity and intent.
What happens if you get caught with marijuana in West Virginia?
You may face criminal charges. Penalties can include fines and/or incarceration, with severity determined by the amount involved and any prior offenses.
How much is a possession of marijuana ticket in West Virginia?
Fines vary by case and offense level. Refer to the applicable state statutes and local court schedules for specific amounts.
Are edibles legal in West Virginia?
Yes, edibles are legal for medical use in West Virginia. However, they are only available to qualified patients with a valid medical marijuana card.
Is CBD legal in West Virginia?
Yes. Hemp-derived CBD products with no more than 0.3% delta-9 THC are lawful under federal law; ensure products comply with federal and state regulations and labeling standards.