West Virginia

Cannabis in West Virginia

West Virginia Cannabis Laws

Is Weed Legal in West Virginia?

Only medical marijuana is available for purchase in the state of West Virginia. Medical marijuana was passed in 2017 when Senate Bill 386 was signed into law, making West Virginia the 29th state to do so. However, dispensaries have only been able to receive licensing after July of 2020, making access limited for WV residents. 

Those caught without a valid medical marijuana card can face anywhere between 90 days and 6 months in jail with a $1,000 fine. West Virginia does have a potential for a conditional discharge of first-time offenders, meaning that they will not receive a conviction.

Buying Marijuana in West Virginia

It is currently only possible for medical marijuana patients with a valid card to purchase marijuana in West Virginia. As of now, there are only a few dispensaries open across the state.

Buying Marijuana at a Retail Location

Although marijuana has been legalized for medicinal purposes for over 3 years, dispensaries were only granted licenses in July of 2020. Patients must present a valid state ID and medical marijuana card when purchasing cannabis.

Using a Marijuana Delivery Service

There are currently no dispensaries that offer marijuana delivery. While this is the case, it has not been banned and is at the discretion of local municipalities. 

Store Hours

There are not currently any restrictions on the hours that dispensaries may operate. Be sure to check your nearest dispensary’s hours at Where's Weed.

Purchasing Restrictions

For those with a medical marijuana card, no more than one 30 days supply of medicine is possible to purchase at one time. This is determined by the patient’s doctor.

Available Products

West Virginia limits products to cannabis oils, tinctures, creams, gels, pills and flower that may be consumed through vaporization.

Taxes on Marijuana in West Virginia

Taxes on Recreational Marijuana in West Virginia

While recreational marijuana remains illegal in West Virginia, there are no taxes as it is not possible to purchase for recreational use. We will keep this section updated when legislation changes!

Taxes on Medical Marijuana in West Virginia

Dispensaries are taxed 10% of sales by the government. While there is not a direct tax on the consumer, this cost is likely seen in the price of products.


Medical marijuana patients may only possess the amount that they are prescribed by their doctor and no more. Those that are caught without a medical marijuana card face some serious consequences - any amount can cost up to 6 months in jail and up to $1000 in fines. For those caught with less than 15 grams in their first offense, it is possible to have a conditional discharge which does not carry a conviction.

Using Marijuana in West Virginia

For those with a valid MMJ card, it is only legally permitted to consume marijuana in one’s own residence and with the permission of a landlord. It is highly illegal to consume marijuana in a public place. Furthermore, it is not currently legal to smoke flower. Bud must be consumed via vaporization, instead.

Smoking on Federal Lands 

Regardless of the state, smoking weed on federal land is a crime because weed has not yet been legalized on a national level. Please refrain from any such activities on federal lands or you will be subject to at least one year of incarceration and a $1000 fine for just possession alone!

Medical Marijuana in West Virginia

The medical marijuana program in West Virginia is fairly straightforward. There are currently 15 qualifying conditions one must meet to be eligible for an MMJ card. 

How to Get a Medical Marijuana Card in West Virginia

To obtain a medical marijuana card in West Virginia, patients with qualifying conditions must first visit a doctor that they have a longstanding relationship with. After determining that the patient requires medical marijuana, the doctor must also apply to care for the patient. After, a patient can finally receive their MMJ card. Cards cost $50, but the fee may be waived for financial reasons.

Out of State Medical Cards West Virginia

Only patients that are terminally ill have reciprocity in West Virginia.

How to Transport Marijuana in West Virginia

Transporting Marijuana in West Virginia

Those with valid MMJ cards are able to transport marijuana in their vehicles as long as it is within their designated possession limits and is away from the reach of the driver. It is highly illegal to transport marijuana without a valid medical marijuana patient card.

Driving While Under the Influence of Marijuana 

Like most states, West Virginia has a no-tolerance policy for driving under the influence of marijuana. Even patients are not allowed to have any marijuana in their system when driving. Driving while intoxicated by marijuana is considered a DUI, and those caught will be persecuted as such.

Driving Across State Lines with Marijuana

Despite legalization efforts in certain states, driving across state lines with marijuana is a federal offense. State troopers are on constant high-alert and are very well aware of how easy it may seem to drive through the state with marijuana in your car. 

Growing Marijuana in West Virginia

Unfortunately, medical marijuana patients are not allowed to grow marijuana in the state. We will keep this updated if legislation changes!


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