West Virginia Code §16A and Chapter 60A categorically prohibit home cultivation of cannabis, even by registered medical patients, preempting any local rule that would attempt to authorize personal grows in homes or accessory structures.
Under the WV Medical Cannabis Act in Chapter 16A, only state-licensed growers, processors, and dispensaries may produce cannabis, and patients must purchase products from licensed dispensaries. Recreational cannabis remains illegal under WV Code §60A-4-401, with cultivation of any amount classified as a felony carrying one to five years imprisonment. There is no homegrow allowance for medical patients or caregivers. Cities cannot legalize personal cultivation, and any local ordinance attempting to do so is preempted by Chapter 60A controlled substances law.
Cultivating cannabis is a felony under §60A-4-401 punishable by 1-5 years imprisonment plus fines up to $15,000, regardless of plant count or medical status.
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