Marijuana And Drugs
W. Va. Code § 60A-4-401 — possession is a misdemeanor, and a first offense can end without a conviction
A misdemeanor. Knowingly or intentionally possessing a controlled substance without a valid prescription is a misdemeanor, with jail of not less than 90 days nor more than six months, or a fine of not more than $1,000, or both.
Conditional discharge. For a person with no prior drug conviction, the court may, with consent, defer proceedings and place the person on probation. On fulfilling its terms, the court discharges the person and dismisses the case without a conviction.
Selling, delivering or possessing with intent to deliver carries far heavier penalties. A particular charge is a question for a licensed West Virginia attorney.
Sources for this section (2)
- W. Va. Code § 60A-4-401 — Prohibited acts; penalties
- W. Va. Code § 60A-4-407 — Conditional discharge for first offense of possession
Legal information, not legal advice. Verified as of October 2026. Applying it to a particular situation is the work of a licensed West Virginia attorney.