What are West Virginia’s marijuana laws?

Over the last decade, West Virginia delegates and senators have argued about and modified the state’s marijuana laws. Although lawmakers legalized the drug for medical purposes in 2017, the debate over how to regulate it has continued , with politicians proposing different bills that could make marijuana possession either more or less punishable by the courts.

Local governments have also wrestled with the same questions. This summer, Charleston City Council members and a group of local residents have been pushing the state’s capital city to reduce law enforcement penalties for possessing and using cannabis.

With different governing bodies maintaining and enforcing different laws, it can be confusing to know what’s legal and what’s not.

Here’s what West Virginia’s marijuana laws are, how they’re enforced and what’s known about the ways they impact the health of West Virginians.

What are the marijuana laws in West Virginia?

Throughout most of West Virginia’s history, all marijuana sales, possession and use have been illegal. That changed in 2017, when lawmakers created a state medical marijuana program .

Since then, state senators and delegates have made some changes to the program, like making it legal for dispensary owners to grow cannabis. Right now, West Virginians who are verified by a doctor to have certain health conditions can apply for a medical marijuana card.

As of October 2023, nearly 30,000 West Virginians had medical cards, according to the state Office of Medical Cannabis .

Non-medical sale, use and possession of marijuana remains illegal in West Virginia. Possession of a controlled substance, including marijuana, is a misdemeanor that comes with either a fine of up to $1,000 or three-to-six months of jail time. First-time offenders can be granted probation instead.

The federal government still maintains laws that make cannabis use and possession illegal. But it rarely enforces this rule , and the Biden administration has taken steps to expunge records for people who’ve been charged with the crimes.

How frequently are West Virginians arrested for marijuana?

Over the last decade, the number of West Virginians arrested for marijuana has decreased, according to the FBI . In 2022, about 1,600 residents were arrested for the offense, half the number in 2010.

The laws disproportionately impact West Virginians of color. In 2018, Black state residents were arrested for marijuana possession at over seven times the rate of white residents, according to an ACLU report . West Virginia had one of the largest racial disparities in the country, the report found.

What are the recent efforts to change West Virginia’s marijuana laws?

Over the past few years, some West Virginia lawmakers have pushed to both decriminalize and legalize marijuana. These terms may seem like they mean the same thing, but they are slightly — and importantly — different.

Decriminalizing entails removing criminal penalties related to possession and use. Legalization refers to establishing government regulations for the drug to be sold recreationally.

State delegates and senators submitted decriminalization and legalization bills in the 2024 West Virginia regular legislative session. None of the proposed laws made it out of House or Senate committees.

Some city governments have tried to change the way their police officers and courts enforce the state law. Similar to ordinances being considered by Charleston, the Morgantown City Council passed a 2020 law instructing police to charge a $15 fine for people possessing 15 grams or less of marijuana.

But the ordinance doesn’t impact how county and state law enforcement officers operate in the city, and Morgantown police officers can still choose to enforce the state law. If one or both of Charleston’s proposals pass, they will likely have similar limitations.

What are the health impacts of marijuana and West Virginia’s marijuana laws?

Some research indicates marijuana is useful for treating certain types of chronic pain, but the Food and Drug Administration hasn’t approved it for any medical conditions. And the Centers for Disease Control and Prevention has linked some health risks to marijuana use. Teenagers who repeatedly used cannabis are likely at greater risk of developing depression and anxiety.

There’s not much evidence that marijuana is a gateway to other illicit drug use. Most people who use cannabis do not go on to use drugs like fentanyl or methamphetamine, according to the CDC.

The health impacts of using marijuana aren’t well-studied. Since 1970, when the federal government classified marijuana as one of the most dangerous types of drugs , it’s been difficult for scientists to study its clinical uses. Members of the Nixon administration have admitted its drug classification decisions were made to criminalize political enemies , and the Biden administration recently moved to change marijuana’s designation.

What is well studied are the health impacts of incarceration, like a three-month prison sentence for marijuana possession. Being incarcerated increases the risk of physical and mental illnesses for the person arrested, their children and their communities.

Could changing West Virginia’s marijuana laws impact the overdose crisis?

When West Virginia first legalized medical marijuana, there was some hope that the new program could decrease the staggering number of fatal overdoses. Some research suggested that cannabis could be a good painkiller replacement for prescription opioids.

Other analyses , however, indicate that legalization of marijuana doesn’t seem to have much of an impact on states’ fatal overdose rates. The CDC notes that unlike cannabis, drugs like methadone and suboxone have proven to be effective at treating opioid addictions.

Regardless of the state’s marijuana laws, public health workers believe West Virginia needs more evidence-based treatment , recovery and harm reduction options to abate the overdose crisis.

What are West Virginia’s marijuana laws? appeared first on Mountain State Spotlight , West Virginia's civic newsroom.