How's Pot Doing in West Virginia?
Cannabis is 40% Legal in West Virginia
Last reviewed: January 13, 2026
Is it legal for adults to possess cannabis in the state of West Virginia?
NO
""Except as authorized by this act, it is unlawful for any person to manufacture, deliver, or possess with intent to manufacture or deliver a controlled substance." (West Virginia Code §60A-4-401)" - code.wvlegislature.gov
Is it legal for adults to buy cannabis in a store in the state of West Virginia?
NO
Is it legal for adults to grow cannabis in the state of West Virginia?
NO
Is it legal for medical marijuana patients to possess cannabis in the state of West Virginia?
YES
"Senate Bill 386, signed into law on April 19, 2017, by Governor Jim Justice, created the Medical Cannabis Act that allows for cannabis to be used for certified medical use by a West Virginia resident with a serious medical condition and is limited by law to the following forms: pill; oil; topical forms including gels, creams or ointments; a form medically appropriate for administration by vaporization or nebulization, dry leaf or plant form; tincture; liquid; or dermal patch." - omc.wv.gov
Is it legal for medical marijuana patients to buy cannabis in a store in the state of West Virginia?
YES
"Medical cannabis can be purchased through operational, licensed retail dispensaries approved by the Office of Medical Cannabis throughout the state." - omc.wv.gov
Is it legal for medical marijuana patients to grow cannabis in the state of West Virginia?
NO
"Medical cannabis can only be purchased by patients/caregivers who have been issued a certification by a registered physician and who possess an approved medical cannabis identification card from the Office of Medical Cannabis. Medical cannabis can be purchased through operational, licensed retail dispensaries approved by the Office of Medical Cannabis throughout the state." - omc.wv.gov