West Virginia Statewide Rule
West Virginia Prohibits Home Cannabis Cultivation Statewide
Key Facts
- Medical statute
- WV Code Chapter 16A
- Criminal statute
- WV Code §60A-4-401
- Home cultivation
- Prohibited entirely
- Penalty
- 1-5 years prison
- Recreational status
- Illegal
Summary
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.
Except as provided in section two of this article, section four of article seven, article thirteen or article fourteen of this chapter, the use of medical cannabis is unlawful and shall, in addition to any other penalty provided by law, be deemed a violation of the Uniform Controlled Substances Act under chapter sixty-a of this code. (b) It shall be unlawful to: (1) Smoke medical cannabis. (2) Except as provided under subsection (c), incorporate medical cannabis into edible form or sell in edible form. (3) Grow medical cannabis unless the grower/processor has received a permit from the bureau under this act. (4) Grow or dispense medical cannabis unless authorized as a health care medical cannabis organization under article thirteen of this chapter.
Full Breakdown
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.
Violations & Penalties
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.
Frequently Asked Questions
Can WV medical cannabis patients grow their own plants?
What about hemp or CBD plants at home?
Sources
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