West Virginia allows marijuana use only within a tightly regulated medical framework, while recreational weed remains illegal under state law. Patients with qualifying medical conditions can legally access medical cannabis through the state’s licensed program, but possession or use outside approved medical guidelines can still result in criminal penalties. This page explains West Virginia’s current marijuana legality, including medical cannabis rules, recreational restrictions, possession limits, approved forms of use, and how ongoing reform efforts could impact future policy. For readers who want to see how West Virginia’s cannabis laws compare nationwide, explore our comprehensive breakdown of cannabis regulations by location across U.S. states, major cities, and countries worldwide in the Cannabis Laws by Location guide.
Table of Contents
Is marijuana legal in West Virginia
As of 2025, marijuana is not fully legal in West Virginia, but it is legal for medical use under certain conditions. Recreational use of marijuana remains illegal, and possession of even small amounts for non-medical purposes can lead to criminal penalties.
Medical Marijuana in West Virginia
West Virginia legalized medical marijuana in April 2017 with the signing of the Medical Cannabis Act (Senate Bill 386). This law permits qualifying patients to use cannabis for serious medical conditions. The program is run by the West Virginia Office of Medical Cannabis (OMC).
To access medical marijuana, patients must:
- Have a qualifying medical condition, such as cancer, epilepsy, multiple sclerosis, PTSD, chronic pain, or terminal illness.
- Obtain a recommendation from a registered physician.
- Apply for and receive a Medical Marijuana Card from the state.
Approved forms of medical cannabis include pills, oils, topicals, tinctures, liquids, and vaporization products, but smoking cannabis flower is not allowed under state law.
Dispensaries began operating in 2021, and as of 2025, there are multiple licensed dispensaries across the state.
Recreational Marijuana
Recreational use remains illegal. Possession of less than 15 grams of marijuana is a misdemeanor, punished by a $1,000 fine and up to 90 days in prison. Repeat offenses or possession with intent to distribute can result in harsher penalties, including felony charges.
Recent Developments
There is ongoing legislative discussion about expanding access and potentially legalizing recreational marijuana, in line with national trends. However, no bills have passed to date. Advocates continue to push for reform, but West Virginia remains a medical-only state as of 2025.
Conclusion
In summary, marijuana is legal for medical use under strict regulation in West Virginia, but recreational use is prohibited and punishable by law.
