West Virginia Drug Laws: Penalties, Charges & Treatment Options

SS 60A-4-401(c)

Under W. Va. Code SS 60A-4-401(c), it is unlawful for any person to knowingly or intentionally possess a controlled substance unless the substance was obtained directly from, or pursuant to, a valid prescription or order of a practitioner while acting in the course of professional practice.

Any person who violates this provision is guilty of a misdemeanor and, upon conviction, may be confined in jail for not less than 90 days nor more than six months, or fined not more than $1,000, or both.

For a first offense involving less than 15 grams of marijuana or synthetic cannabinoids, the court may, without entering a judgment of guilt, place the defendant on probation under the conditional discharge provision of SS 60A-4-407. Upon successful completion, the charge is dismissed and the arrest may be expunged.

Unlike many states, West Virginia does not differentiate possession penalties by drug schedule; all simple possession offenses carry the same misdemeanor classification and penalty range regardless of the substance's schedule.

SS 17C-5-2

West Virginia Code SS 17C-5-2 prohibits operating a motor vehicle while under the influence of alcohol, any controlled substance, any other drug, or any combination thereof. The statute also applies to habitual users of narcotic drugs who drive, and to persons who knowingly permit their vehicle to be driven by someone under the influence. There is no separate per se drug concentration limit; impairment from drugs is assessed through field sobriety tests, Drug Recognition Expert (DRE) evaluations, and blood toxicology analysis.

0.08% (0.02% for under 21; 0.04% for commercial drivers)

SS 17C-5-2

West Virginia is an implied consent state; however, chemical testing for drugs is voluntary and no penalties apply for refusal to submit to drug testing (distinct from breath testing for alcohol).

DUID charges apply to any controlled substance, prescription medication, or over-the-counter drug that impairs driving ability. West Virginia has no per se drug limits in blood.

West Virginia has a statewide standing order, first issued in November 2018, that allows pharmacists to dispense intranasal or injectable naloxone (Narcan) to persons at risk of opioid overdose or their family members, friends, or other persons in a position to assist without requiring a patient-specific prescription. The Access to Opioid Antagonists Act provides the legal framework for pharmacists and pharmacy interns to dispense naloxone under a protocol developed by the Board of Pharmacy.

• Pharmacists may dispense naloxone without an individual prescription under the statewide standing order issued by the State Health Officer.
• Any person may administer naloxone to another if they have a good faith belief the person is experiencing an overdose and exercise reasonable care.
• Liability protections exist for prescribers, dispensers, and persons who administer naloxone in good faith.
• Dispensed naloxone must be accompanied by counseling on proper use and the applicability of the Good Samaritan law.
• Community distribution programs operate through local health departments, harm reduction organizations, and the Office of Drug Control Policy.

West Virginia Board of Pharmacy; Office of Drug Control Policy

https://www.wvbop.com/naloxone.asp

SS 62-15-1 et seq.

Adult Drug Court Act

West Virginia operates a network of adult drug courts established under W. Va. Code SS 62-15-1 et seq. These treatment courts are judicially supervised intervention programs that incorporate the Ten Key Components of treatment courts. Their purpose is to achieve a reduction in recidivism and substance abuse among offenders and to increase the likelihood of successful rehabilitation through early, continuous, and intense treatment; mandatory periodic testing; community supervision; appropriate sanctions and incentives; and other rehabilitation services.

• Adult Drug Courts
• Juvenile Drug Courts
• Family Treatment Courts
• Veterans Treatment Courts
• Mental Health Courts

Multiple counties statewide. The West Virginia Judiciary oversees treatment courts through its Administrative Office.

Typically available for non-violent offenders with substance use disorders. Eligibility is determined on a case-by-case basis. Successful completion of a drug court program can result in reduced charges, probation instead of jail time, or dismissal of charges.

https://www.courtswv.gov/lower-courts/treatment-courts/adult-drug-courts

West Virginia imposes mandatory minimum sentences for certain drug distribution and trafficking offenses. The 2025 enactment of Lauren's Law (SB 196) significantly expanded mandatory minimums for drug crimes, particularly those involving fentanyl and drug importation into the state.

• Manufacturing/delivering fentanyl — Mandatory Minimum: 3 years imprisonment
• Transporting fentanyl (5g+) into West Virginia — Mandatory Minimum: 10 years imprisonment
• Drug delivery resulting in death — Mandatory Minimum: 10 years imprisonment
• Distribution to a minor or within 1,000 feet of a school — Mandatory Minimum: 2 years imprisonment
• DUI third or subsequent offense (within 10 years) — Mandatory Minimum: 1 year imprisonment

Lauren's Law (2025) removed alternative sentencing options such as probation or home confinement for persons convicted of transporting cocaine, heroin, methamphetamine, or fentanyl into West Virginia.

See drug_courts section -- Adult Drug Courts provide judicially supervised treatment as an alternative to incarceration.

Various county prosecutors offer pretrial diversion programs for first-time or non-violent drug offenders. These programs typically require completion of substance abuse treatment, drug testing, and community service in exchange for dismissal of charges.

West Virginia's Bureau for Behavioral Health funds a network of substance abuse treatment providers statewide. Courts may order substance abuse screening, assessment, and treatment as conditions of probation or alternative sentencing. The state has expanded access to medication-assisted treatment (MAT) for opioid use disorder, including buprenorphine and methadone programs.

Under the Alcohol and Drug Overdose Prevention and Clemency Act (SS 16-47-5), courts may consider alternative sentencing and clemency options including deferred prosecution, pretrial diversion, adjudication in drug court, and other appropriate forms of alternative sentencing or rehabilitation for persons for whom emergency medical assistance was sought during an overdose.

2025: Lauren's Law (SB 196): Governor Morrisey signed into law increased penalties for drug trafficking, including mandatory minimums for transporting cocaine, heroin, methamphetamine, and fentanyl into West Virginia and a new offense for drug delivery resulting in death (10-40 years). Effective July 11, 2025.

2025: Enhanced fentanyl penalties: Distribution of fentanyl now carries 3-15 years imprisonment and up to $50,000 fine; possession of 5+ grams of fentanyl for distribution carries 10-30 years.

2025: Lauren's Law removed alternative sentencing options (probation, home confinement) for persons convicted of transporting controlled substances into the state.

2024: Medical cannabis program reached nearly $94 million in annual sales, a 37% increase. Over 35,000 patient applications approved statewide.

2024: Continued expansion of naloxone distribution through pharmacy standing orders and community-based programs to combat the opioid overdose crisis.

2022: Dry leaf/flower cannabis added to the list of permissible forms for medical cannabis patients, expanding beyond oils and processed products.

2017: West Virginia Medical Cannabis Act (SB 386) enacted, establishing the framework for the state's medical marijuana program under W. Va. Code Chapter 16A.