Is marijuana legal in West Virginia?
Only for medical use. As of 2026, West Virginia allows registered patients to buy medical cannabis at licensed dispensaries. Recreational marijuana is not legal, and patients may not grow at home.
Status checked November 4, 2026
Contents
Marijuana laws in West Virginia
West Virginia created its medical cannabis program in the West Virginia Medical Cannabis Act, W.Va. Code chapter 16A, signed in 2017. Recreational marijuana is not legal. The Office of Medical Cannabis oversees permits, patient cards and dispensaries.
A certified patient with a serious medical condition who is a West Virginia resident may obtain an identification card and buy medical cannabis from a permitted dispensary. A patient or caregiver may possess up to a 30-day supply of individual doses, and may obtain the next 30-day supply during the last seven days of the current period. The Office also publishes allotment information describing up to six ounces of flower or 60 grams of concentrate, or the equivalent, per rolling 30 days unless a physician sets a lower limit.
Patients and caregivers may not grow medical cannabis at home. Growing is limited to a grower/processor that holds a bureau permit, and must occur in an indoor, enclosed, secure facility.
Unauthorized possession of marijuana remains a crime under the Uniform Controlled Substances Act. A first offense involving less than 15 grams of marijuana may be eligible for conditional discharge. Marijuana remains illegal under federal law, apart from state-licensed medical marijuana, which moved to Schedule III in April 2026.
What the law says
Legal
- Certified medical use means the acquisition, possession, use, or transportation of medical cannabis by a patient, or the acquisition, possession, delivery, transportation, or administration of medical cannabis by a caregiver, for use as part of the treatment of the patient's serious medical condition, as authorized in a certification under this act
Not legal
- Grow medical cannabis unless the grower/processor has received a permit from the bureau under this act.
- The amount of medical cannabis dispensed by a dispensary to a patient or caregiver from a dispensary may not exceed a 30-day supply of individual doses.
Quoted from West Virginia Code Chapter 16A.
How old do you have to be to use marijuana in West Virginia?
There's no legal age to buy recreational weed in West Virginia, because recreational marijuana is illegal at any age. Medical cannabis is different. A patient must have a serious medical condition, be a West Virginia resident, receive a practitioner certification, and obtain an identification card from the Office of Medical Cannabis. Minors participate through a caregiver.
How much marijuana can you have in West Virginia?
If you have a West Virginia medical cannabis identification card, you may possess up to a 30-day supply of individual doses, and you may obtain the next 30-day supply during the last seven days of the current period. The Office of Medical Cannabis also describes a purchase allotment of up to six ounces of flower or 60 grams of concentrate, or the equivalent, per rolling 30 days unless the physician sets a lower limit. Without a card, possessing marijuana is illegal. In a car, the same rules apply.
Where can you buy marijuana in West Virginia?
You can buy medical cannabis in West Virginia only at a permitted dispensary, and only if you have a valid patient or caregiver identification card. Recreational stores do not exist. The dispensary uses the state's tracking system before dispensing. Buying from an unlicensed seller is not legal.
Can you grow marijuana at home in West Virginia?
No, you can't grow weed at home in West Virginia, even as a registered medical patient. The Medical Cannabis Act makes it unlawful to grow medical cannabis unless the grower/processor has received a permit from the bureau. Permitted growing must be indoors in an enclosed, secure facility.
Where can you use marijuana in West Virginia?
You can use medical cannabis in West Virginia if you are a certified patient, in the forms allowed by the Act and your certification. Recreational use is illegal. An employer may prohibit a patient from performing a task the employer deems life-threatening, or any duty that could create a public health or safety risk, while the patient is under the influence of medical cannabis. Driving under the influence of a controlled substance is illegal.
How do you get a medical marijuana card in West Virginia?
To get a medical marijuana card in West Virginia, you must be a state resident with a serious medical condition. A practitioner issues a certification, and you apply to the Office of Medical Cannabis for an identification card. The card is what lets a dispensary lawfully provide medical cannabis. A caregiver may also be issued a card to obtain medical cannabis for the patient.
Can visitors buy or use marijuana in West Virginia?
No. Out-of-state visitors can't buy marijuana in West Virginia. Recreational sales do not exist, and the Medical Cannabis Act defines a patient as a West Virginia resident who has a serious medical condition and has met the certification requirements. A visitor who brings marijuana in from another state is not protected by chapter 16A.
What are the rules on driving and marijuana in West Virginia?
No, you can't drive high in West Virginia. It is illegal to drive under the influence of a controlled substance, including medical cannabis obtained with a valid identification card. A patient card is not a defense to that charge under W.Va. Code §17C-5-2, which treats a person as impaired if they are under the influence of any controlled substance.
Can an employer in West Virginia fire you for using marijuana?
Yes, you can get fired for using marijuana in West Virginia in many situations. The Medical Cannabis Act lets an employer prohibit a patient from doing a task the employer deems life-threatening, or a duty that could create a public health or safety risk, while under the influence of medical cannabis, and says that prohibition is not an adverse employment decision even if it causes the patient financial harm. Recreational use has no protection.
What are the penalties for breaking marijuana laws in West Virginia?
Without a medical card, possessing marijuana is a crime under W.Va. Code §60A-4-401. A first offense involving less than 15 grams of marijuana may be disposed of under the conditional-discharge provisions of §60A-4-407. Other possession can bring jail of 90 days to six months and a fine of up to $1,000, or both. Patients are protected only for certified medical use within chapter 16A.
Are CBD, hemp and delta-8 products legal in West Virginia?
Hemp and hemp-derived CBD that meet West Virginia's hemp definition are regulated separately from medical cannabis. Intoxicating products sold as delta-8 or THCA may be treated as marijuana if they fall outside that definition. Medical cannabis itself must come from a permitted West Virginia dispensary. Separately, a stricter federal hemp definition, with a total-THC standard that counts THCA and a 0.4 mg-per-container cap, takes effect December 11, 2026.
Does federal law still apply in West Virginia?
Yes. Federal law still applies in West Virginia. Marijuana remains a Schedule I controlled substance under federal law, with one exception: since April 28, 2026, marijuana covered by a state medical marijuana license and FDA-approved marijuana products are in Schedule III. A broader federal rescheduling proceeding was stayed on September 29, 2026, and has no decision date. State law does not change federal rules on federal land, on carrying marijuana across state lines, or on federally required drug testing, such as for DOT-regulated jobs.
Has the law in West Virginia changed recently, or is it about to?
West Virginia still has a medical-only program. Recreational marijuana is not legal, and no legalization date is set. Home growing remains limited to permitted grower/processors. Patient possession remains a 30-day supply under chapter 16A. New federal hemp limits begin November 12 and December 11, 2026.
Legislation
Sources (7)
- West Virginia Code Chapter 16A (Medical Cannabis Act) code.wvlegislature.gov
- West Virginia Code §60A-4-401 (controlled-substance penalties) code.wvlegislature.gov
- code.wvlegislature.gov
- omc.wv.gov
- dea.gov
- federalregister.gov
- congress.gov
General information, not legal advice. Laws change often, so check with the state's cannabis agency before relying on this.
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