Growing cannabis at home is illegal everywhere in Kanawha County. West Virginia allows medical cannabis only, and even registered patients cannot cultivate. Growing any plant is unlawful manufacture under W. Va. Code §60A-4-401, a felony no city or the county can permit.
The WV Medical Cannabis Act, W. Va. Code §16A-1-1 et seq. (2017), lets registered patients buy medical cannabis from state-licensed dispensaries, but it authorizes no home cultivation, not for patients and not for anyone else. Recreational cannabis remains illegal. Growing plants is treated as manufacturing a controlled substance under W. Va. Code §60A-4-401(a), a felony, and simple non-medical possession is a misdemeanor under the same article. Only businesses holding a grower or processor permit from the WV Office of Medical Cannabis may cultivate. No Kanawha County or Charleston ordinance can override this, so a home grow in Charleston, St. Albans, Dunbar, Nitro, or the unincorporated county is a crime.
Cultivating cannabis is charged as manufacture under W. Va. Code §60A-4-401(a), a felony punishable by one to five years in prison and a fine up to $15,000. Non-medical possession is a misdemeanor.
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