West Virginia Marijuana Compliance

Marijuana is illegal under West Virginia marijuana laws. There are no recreational marijuana laws legalizing the use of marijuana for personal use in West Virginia. Medical marijuana is legal for some patients, but with strict guidelines. Medicinal marijuana may legally be obtained in certain forms, according to West Virginia marijuana compliance regulations.

Along with the West Virginia Medical Cannabis Act, which legalized medical marijuana for certain medical conditions, the state passed the West Virginia Safer Workplace Act. West Virginia employers who wish to drug test employees must publish a written drug-testing policy. While they cannot refuse to hire or punish workers who use medicinal marijuana outside of the workplace, they are not required to make special accommodations. An employer may still prohibit marijuana use during work hours and take whatever action is necessary to maintain a drug-free workplace.

Like West Virginia, marijuana is also illegal under federal law and is a Schedule I drug. It’s important to become familiar with marijuana state vs. federal laws to remain compliant under these laws.

Following is information about West Virginia marijuana compliance guidelines.

Register for a drug test online by clicking the “Register Now” button below. You can also call (888) 378-2499 with any questions about our drug testing services.

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This Information Is Not Intended for Legal Purposes

The information provided on this page is intended for your own knowledge, and should not be used for legal matters. Since marijuana testing regulations can vary, we advise you to seek the guidance of expert legal counsel when creating your company’s substance abuse screening program.

West Virginia Marijuana Compliance

West Virginia Marijuana Laws

Overall Status: Partially Legal

Marijuana is illegal in West Virginia, with the exception of medicinal marijuana in certain forms for qualifying patients. Recreational marijuana is fully illegal under West Virginia marijuana laws. The possession of marijuana in any amount in West Virginia is a misdemeanor that carries a possible jail sentence of 90 days to six months and a maximum fine of $1,000.

Medical Marijuana: Legal

West Virginia marijuana compliance allows for medicinal marijuana, but with limitations. Medical marijuana users must be diagnosed with at least one of the specific medical conditions. Qualified patients may possess marijuana in these forms: liquids, topicals, oils, infused pills, and dermal patches. They may also obtain marijuana in dry leaf or plant form, as long as it is medically appropriate to be used for vaporization or nebulization.

Decriminalized: No

In West Virginia, the possession of marijuana in any amount is a misdemeanor and results in jail time. The sale or distribution of marijuana in any amount is a felony, resulting in one to five years in jail and a fine of up to $15,000.

Recreational Marijuana: Illegal

Marijuana is considered a Schedule I drug in the state and is illegal under West Virginia’s recreational marijuana laws. In addition, the state has not decriminalized the possession of marijuana, even in small amounts.

Frequently Asked Questions

No. Marijuana is illegal under West Virginia marijuana laws. Medical marijuana patients may legally obtain marijuana, but West Virginia marijuana compliance has strict guidelines for medicinal marijuana use.

What is West Virginia’s history with marijuana?

Attempting to adulterate a drug test is a violation of West Virginia marijuana compliance laws. Doing so results in a misdemeanor and is punishable by up to one year in jail and a fine of $10,000.

A marijuana-related felony that involves a motor vehicle will result in the revocation of a driver’s license.

What is the punishment for possession in West Virginia?

There are no West Virginia marijuana laws decriminalizing the possession of marijuana in any amount. The possession of marijuana in any amount is a misdemeanor in West Virginia. The punishment of possession of marijuana is 90 days to six months incarcerated and a fine of $1,000.

The sale or distribution of marijuana in any amount in West Virginia is a felony, resulting in one to five years of jail time and a fine of up to $15,000.

The possession of drug paraphernalia is a misdemeanor, punishable by six months to one year in jail and a $5,000 fine.

Drug Tests That Exclude Marijuana

Urine Drug Panels That Do Not Include Marijuana Testing

Some of the popular drug tests that remove THC from the panel of drugs being tested are listed below:

Also try taking a look at our comprehensive list of urine drug panels that exclude marijuana. Drug tests that do not include marijuana testing can be found under the “Exclude Marijuana” section.

Hair Drug Tests That Do Not Include Marijuana Testing

To remove marijuana testing from a hair test, try one of our two popular hair tests:

For a complete list of our hair drug tests, take a look at our comprehensive list of hair tests.

Drug Panels That Include Marijuana

Urine Drug Tests That Include THC Testing

If marijuana testing is needed, the below urine drug panels include testing for THC:

For a complete list of urine drug panels that we offer, view our urine drug panels here.

Hair Drug Panels That Include Marijuana Testing

The following are hair drug tests that include testing for THC:

A comprehensive list of the hair drug panels that we offer can be found here.

Citations

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“West Virginia Legalizes Medical Marijuana.” SHRM, 9 May 2017, https://www.shrm.org/resourcesandtools/legal-and-compliance/state-and-local-updates/pages/west-virginia-legalizes-medical-marijuana.aspx
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“Office of Medical Cannabis.” West Virginia Department of Health & Human Resources – Bureau for Public Health, https://dhhr.wv.gov/bph/Pages/Medical-Cannabis-Program.aspx
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“West Virginia Medical Marijuana Law.” NORML, https://norml.org/laws/medical-laws/west-virginia-medical-marijuana-law/
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“West Virginia Laws and Penalties.” NORML, https://norml.org/laws/west-virginia-penalties-2/
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“West Virginia Marijuana Laws.” FindLaw, https://www.findlaw.com/state/west-virginia-law/west-virginia-marijuana-laws.html