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Is Weed Legal in West Virginia? All Marijuana Rules in West Virginia Explained

Kenneth Bancale

by Kenneth Bancale

January 17, 2025 02:29 pm ET Estimated Read Time: 4 Minutes
Fact checked by Emily Mullins
Is Weed Legal in West Virginia? All Marijuana Rules in West Virginia Explained

The question of whether marijuana is legal in West Virginia is important to residents and reflects their growing interest in cannabis use across the state. While West Virginia has embraced medical marijuana, recreational use is still illegal. Recent legislative updates and the establishment of dispensaries highlight the state’s evolving stance, but strict regulations around possession and use remain in place for now.

For those looking to navigate the complexities of obtaining medical cannabis, Veriheal can help by making it easier to access medical marijuana legally. Discover how Veriheal can help you with the process at our Medical Marijuana Card for West Virginia page.

Is Marijuana Legal in West Virginia?

West Virginia strictly prohibits recreational marijuana, aligning with a conservative stance detailed in the West Virginia weed laws. Only medical cannabis is permitted under stringent regulations, so qualified patients can access specific cannabis products but cannot grow cannabis for personal cultivation.

All legal consumption is confined to those with an MMJ card, but fortunately, no state taxes are applied to medical marijuana transactions. However, their acceptance of medical marijuana cards from other states varies, and interested parties should verify their info by checking states that accept out-of-state medical cards for up-to-date information.

Although reserved about recreational use, Governor Jim Justice recognizes the changing perspectives on weed in other states, which might influence future legislative changes in West Virginia. His openness to potential legalization reflects a significant, but cautious, shift towards accommodating broader marijuana use policies under certain conditions.

Delta-8 vs. Delta-9 vs. Delta-10: Which is Legal in West Virginia?

In West Virginia, understanding the differences between Delta-8 vs. Delta-9 vs. Delta-10 THC is crucial due to their varied legal statuses and effects.

Delta-9 THC is the most well-known form and is primarily responsible for the psychoactive effects associated with marijuana. Delta-8 and Delta-10 are similar to Delta-9 but have slightly different chemical structures, which results in milder psychoactive effects. Since the three compounds are not quite the same, they are often not legally recognized in the same way. 

Currently, in West Virginia, Delta-9 THC is legal only for medical use. Delta-8 and Delta-10 fall into a legal gray area. While not explicitly illegal, they are not regulated by the state, which means customers may buy products that aren’t tested and safe. Consumers should use caution and stay informed on the latest state regulations regarding these cannabinoids.

When Was Medical Marijuana Officially Legal in West Virginia?

Medical marijuana was officially legalized in West Virginia on April 19, 2017, through the enactment of Senate Bill 386, also known as the West Virginia Medical Cannabis Act. This law permits people with specific severe medical conditions to buy cannabis primarily in non-smokable forms such as pills, oils, and tinctures.

The legalization marked a significant step forward in the state’s approach to cannabis, but their strict regulations also underscore West Virginia’s cautious stance on cannabis. 

Marijuana Dispensaries in West Virginia

In West Virginia, the only legal way to purchase cannabis is through a medical marijuana card. To make it easier for you to get access, Veriheal can guide you through obtaining a medical marijuana card — check out our card page for West Virginia for detailed assistance. If you’re unsure where to begin your cannabis journey, we can also help you create a personalized cannabis plan designed to target your needs and health goals. 

State-licensed dispensaries, such as the Trulieve South Charleston Dispensary and The Landing Dispensary, provide a range of approved cannabis forms. The state helps patients with affordability and accessibility by allowing them to purchase up to a 30-day supply of medical cannabis, which is not subject to taxes as an added bonus. 

To find more options near you, browse our list of West Virginia weed dispensaries. With Veriheal, navigating the medical cannabis landscape in West Virginia becomes more straightforward and transparent.

Frequently Asked Questions

Is recreational weed legal in West Virginia?

No, recreational marijuana is illegal in West Virginia.

What happens if you get caught with weed in West Virginia?

Being caught with marijuana can lead to criminal charges since recreational cannabis is illegal in the state.

Can I go to a dispensary without a card in West Virginia?

No, you cannot visit a dispensary in West Virginia without a medical marijuana card.

How much can you buy from a dispensary at a time in West Virginia? 

Registered patients can purchase up to a 30-day supply of medical cannabis at a time from a dispensary.

Is Delta-9 legal in West Virginia?

Delta-9 THC is legal in West Virginia but only in the form of medical cannabis for registered patients.

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