Marijuana Charges |
In the state of West Virginia, first-time offenders who are found in possession of less than 15 oz of marijuana can be granted conditional discharge. Conditional discharge will allow the defendant to partake in probation rather than a trial and this probation will not show on their criminal record. For the sale of marijuana to a minor or near school grounds, a mandatory minimum sentence of two years’ incarceration is given unconditionally. However, this is the only situation that will receive a mandatory minimum sentence. That being so, individuals who are being tried for a marijuana-related offense can work with a marijuana attorney to possibly reduce sentence severity, due to their extensive knowledge of West Virginia marijuana law and court proceedings.
The Drug Enforcement Administration (DEA) reports that West Virginia has an estimated yearly marijuana crop weighing in around 86,246 lbs. This crop, at retail market value, is estimated to sell for between $448 million dollars and $718 million dollars. In addition, in 2002 the state of West Virginia arrested 2,089 individuals for marijuana-related offenses. These arrests total more than 4.5% of all arrests throughout the state for that year. 1,929 of these arrests were for the possession and 160 were for sale of marijuana.
Medical Marijuana Users
West Virginia does not consider marijuana a legal drug for medicinal use, although a percentage of the population advocates laws to be written to overturn this current point of view. All marijuana users and those in possession of marijuana can be penalized fully of West Virginian law.
Non-Medical Users:
The state of West Virginia does not view marijuana as a medicinal drug. Any person found in possession of marijuana will therefore be considered a recreational (non-medical) user. As a recreational user, that individual can be penalized on a variety of levels determined by the amount of marijuana they are found with as well as their intent (sale, distribution, cultivation, etc.).
Penalties for Marijuana in West Virginia:
Possession:
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Possession of any amount |
Misdemeanor |
Penalties include incarceration for a period of between 90 days and 6 months with a fine of $1,000 |
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First-time offenders of possession of no more than 15 g will receive an automatic conditional discharge. Repeat offenders of possession of no more than 15 g will not be eligible for this discharge. |
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Selling or Growing Marijuana:
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Sale or cultivation of any amount |
Felony |
Penalties include incarceration for a period of between 1 and 5 years with a fine of $15,000 |
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Sale to a minor; Sale within 1,000 ft of a school |
Felony |
Penalties include a mandatory minimum sentence of incarceration for 2 years with a variable fine |
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Transport from out-of-state with intent to deliver |
Felony |
Penalties include incarceration for a period of between 1 to 5 years with a fine of $15,000 |
Miscellaneous:
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Sale of paraphernalia |
Misdemeanor |
Penalties include incarceration for a period of between 6 months to 1 year with a fine of $5,000 |
Penalties for Driving Under the Influence of Marijuana
There is no standard law concerning Driving Under the Influence of Drugs (DUID) in the state of West Virginia. Any motorist found operating a motor vehicle under the influence of drugs may be charged with possession as well as any standing and applicable convictions for driving while intoxicated.
Legal Help with a Marijuana Offense
Legal advice about marijuana law in the state of West Virginia can easily and best be obtained by a marijuana lawyer from within that state. Marijuana lawyers are experienced in up-to-date trends in marijuana law, and in the defense of individuals against marijuana convictions. If monetary issues prevent an individual from hiring a marijuana attorney to work on their case, that individual can be granted court-appointed counsel.
