West Virginia has not decriminalized marijuana. Possessing any amount without a valid medical cannabis card is still a criminal misdemeanor under state law, punishable by 90 days to six months in jail and a fine of up to $1,000. A few cities have passed ordinances that let local police issue small fines instead of making arrests, and the state runs a medical cannabis program for qualifying patients, but recreational possession remains a crime everywhere in the state.
What the State Law Actually Says
Under West Virginia Code §60A-4-401(c), knowingly possessing a controlled substance without a prescription is a misdemeanor. For marijuana, a conviction can bring 90 days to six months in jail, a fine of up to $1,000, or both.1West Virginia Legislature. West Virginia Code 60A-4-401 – Prohibited Acts; Penalties Those penalties apply in all 55 counties any time a state or county officer makes the arrest.
Officers separate simple possession from possession with intent to deliver, and the second charge is a felony. Packaging materials, a scale, large amounts of cash, or product divided into individual bags can move a case from misdemeanor to felony prosecution. A felony conviction for distributing a Schedule I through III substance under the same statute carries one to five years in a state correctional facility and fines up to $15,000.1West Virginia Legislature. West Virginia Code 60A-4-401 – Prohibited Acts; Penalties
First-Offense Conditional Discharge
If this is your first drug charge, the single most important thing to know is §60A-4-407. When you are charged with a first offense for possessing less than 15 grams of marijuana, the court must handle it through conditional discharge. It is not a favor the judge may grant or the prosecutor may offer. It is mandatory.1West Virginia Legislature. West Virginia Code 60A-4-401 – Prohibited Acts; Penalties For amounts above 15 grams or for other controlled substances, the judge has discretion but is not required to offer it.
The mechanics are straightforward. The court defers entering a judgment of guilt and places you on probation with conditions set by the judge, which typically include drug testing, staying out of further trouble, and paying probation fees and court costs. Finish the probation successfully and the court dismisses the charges entirely, with no conviction on your record.2West Virginia Legislature. West Virginia Code 60A-4-407 – Conditional Discharge for First Offense of Possession The dismissal is not treated as a conviction for any legal purpose, including employment background checks and licensing applications.
Violate your probation terms and the court can enter a judgment of guilt and impose the full misdemeanor sentence. The program is a one-time offer. Any prior conviction under any state or federal drug statute disqualifies you.2West Virginia Legislature. West Virginia Code 60A-4-407 – Conditional Discharge for First Offense of Possession
City Ordinances and Why They Only Go So Far
A few West Virginia municipalities have used their local authority to pull back on marijuana enforcement inside city limits. Morgantown is the most visible example. In 2020, the Morgantown City Council passed an ordinance letting city police issue a fine of no more than $15 for possession of 15 grams or less, rather than making a custodial arrest. The city describes this as partial decriminalization, not legalization.
The practical limit is jurisdiction. The ordinance binds only Morgantown Police Department officers. West Virginia State Police, the Monongalia County Sheriff’s Department, and WVU Police patrol the same streets, and none of them are bound by the city ordinance. Any of those officers can arrest you under the state misdemeanor statute on the same block where a city officer would have written a $15 ticket. A deputy mayor flagged this exact problem when the ordinance passed, warning residents about the overlapping jurisdictions that limit its effect.
Students in Morgantown face an added layer. West Virginia University’s student code of conduct prohibits possessing any controlled substance, and disciplinary sanctions apply regardless of how the city processes the criminal side. A $15 city ticket does not shield you from academic consequences.
Local ordinances in a handful of cities, in other words, are the closest thing West Virginia has to decriminalization, and even inside those cities the state statute is still enforceable by anyone wearing a non-city badge.
The Only Legal Way to Possess Cannabis
The one lawful route to possessing cannabis in West Virginia runs through the Medical Cannabis Act, signed in 2017 as Senate Bill 386.3Office of Medical Cannabis. Act/Rules The program is open only to state residents diagnosed with specific serious conditions, including cancer, HIV/AIDS, ALS, Parkinson’s disease, multiple sclerosis, epilepsy, Crohn’s disease, PTSD, sickle cell anemia, severe chronic or intractable pain, and terminal illness with a life expectancy of about one year or less, among others.4Office of Medical Cannabis. Patients/Caregivers Certification requires a physician registered with the state.
The permitted forms are also narrower than many people assume. Medical cannabis in West Virginia is limited by law to pills, oils, topical gels, creams, ointments, tinctures, liquids, dermal patches, dry leaf or plant form, and preparations for vaporization or nebulization.3Office of Medical Cannabis. Act/Rules Patients using dry leaf must vaporize it; smoking remains illegal even for cardholders. Edibles like gummies and baked goods are not allowed. A 2026 bill (HB 5260) that would have legalized edibles died before reaching a vote.
After certification, you register through the Office of Medical Cannabis online portal and pay a $50 application fee.5Office of Medical Cannabis. Patient Registration The office reviews applications within 30 days, and approved patients download a digital identification card. State law requires you to have the card on you whenever you are carrying medical cannabis.6West Virginia Legislature. West Virginia Code 16A-3-2 – Lawful Use of Medical Cannabis Carrying product without the card drops you right back under the general criminal possession statute, regardless of your registered status.
Clearing a Possession Charge From Your Record
West Virginia offers two routes to clearing marijuana-related entries from your record, and which one applies depends on how your case ended.
If your charges were dismissed through the §60A-4-407 conditional discharge program, you can petition for a full expungement of all arrest and court records. The waiting period is at least six months after your probation ends.2West Virginia Legislature. West Virginia Code 60A-4-407 – Conditional Discharge for First Offense of Possession The petition goes to the circuit court where the charges originated.
If you were actually convicted of misdemeanor possession, the broader expungement statute at §61-11-26 applies. You can petition to expunge a misdemeanor conviction once at least one year has passed since the later of your conviction, release from jail, or completion of supervised probation.7West Virginia Legislature. West Virginia Code 61-11-26 – Expungement of Criminal Records With more than one misdemeanor conviction, the waiting period stretches to two years after the most recent one. The petition is filed in the circuit court where the conviction occurred and covers all records tied to the arrest, charge, and conviction.
One boundary worth knowing: DUI convictions, including those involving marijuana, are specifically excluded from expungement eligibility under §61-11-26.7West Virginia Legislature. West Virginia Code 61-11-26 – Expungement of Criminal Records A simple possession misdemeanor can eventually be erased. A cannabis-related DUI cannot.