West Virginia Home Cultivation (2026)

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

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?

No. The WV Medical Cannabis Act does not authorize patient or caregiver cultivation; products must be purchased from state-licensed dispensaries operated by approved growers and processors.

What about hemp or CBD plants at home?

Industrial hemp cultivation requires a license from the WV Department of Agriculture under §19-12E, even for personal CBD plants, with THC content limited to 0.3 percent.

West Virginia Prohibits Home Cannabis Cultivation Statewide