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| Marijuana Laws in West Virginia | |||
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| POSSESSION | |||
| Any amount | misdemeanor | 90 days - 6 months | $1,000 |
| Conviction of possession of less than 15 grams triggers an automatic conditional discharge. | |||
| SALE OR CULTIVATION | |||
| Any amount | felony | 1 - 5 years | $15,000 |
| Sale to a minor or within 1,000 feet of a school | felony | 2 years MMS* | variable |
| Transport into state with intent to deliver | felony | 1 - 5 years | $15,000 |
| MISCELLANEOUS | |||
| Paraphernalia sale | misdemeanor | 6 months - 1 year | $5,000 |
| Subsequent offenses double the possible penalties. | |||
| DETAILS | |||
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Possession of marijuana is punishable by 90 days - 6 months in jail and a fine up to $1,000. Possession with intent to manufacture or deliver a controlled substance is a felony and can result in imprisonment of not less than one year and not more than five years, or a fine of fifteen thousand dollars, or both. Conviction of possession of less than 15 grams triggers an automatic conditional discharge. Conditional discharge does not apply to a defendant who has previously been convicted of any offense relating to narcotic drugs or marijuana. Cultivation, delivery or sale is punishable by 1 - 5 years in prison and a fine up to $15,000. Sale to a minor or sale within 1,000 feet of a school requires a two-year mandatory minimum sentence for the sale. Transportation of marijuana into the state with the intent to deliver is punishable by 1 - 5 years in prison and a fine up to $15,000. Subsequent offenses double the possible penalties. Operating an illegal drug paraphernalia business is punishable by 6 months - 1 year in jail and a fine up to $5,000. |
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Conditional release: The state allows conditional release or alternative or diversion sentencing for people facing their first prosecutions. Usually, conditional release lets a person opt for probation rather than trial. After successfully completing probation, the individual's criminal record does not reflect the charge. Mandatory minimum sentence: When someone is convicted of an offense punishable by a mandatory minimum sentence, the judge must sentence the defendant to the mandatory minimum sentence or to a higher sentence. The judge has no power to sentence the defendant to less time than the mandatory minimum. A prisoner serving an MMS for a federal offense and for most state offenses will not be eligible for parole. Even peaceful marijuana smokers sentenced to "life MMS" must serve a life sentence with no chance of parole. Hemp: This state has an active hemp industry. Hemp is a distinct variety of the plant species cannabis sativa L. that contains minimal (less than 1%) amounts of tetrahydrocannabinol (THC), the primary psychoactive ingredient in marijuana. Various parts of the plant can be utilized in the making of textiles, paper, paints, clothing, plastics, cosmetics, foodstuffs, insulation, animal feed, and other products. For more information see NORML's Industrial Use section. |
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