Marijuana Home Cultivation Regulations in West Virginia

Is Home Cultivation Of Marijuana Legal in West Virginia?

No, home cultivation of marijuana is not legal in West Virginia.

What Is The Maximum Number Of Marijuana Plants Allowed For Personal Cultivation in West Virginia?

West Virginia has yet to legalize marijuana or allow for personal cultivation of the plant.

Are There Restrictions On The Growth Stages Of Marijuana Plants (E.G., Vegetative Vs. Flowering) in West Virginia?

Yes, there are restrictions on the growth stages of marijuana plants in West Virginia. Under West Virginia law, it is illegal to cultivate, possess, or distribute any form of marijuana. Cannabis plants that are in the vegetative stage may not be cultivated, possessed, or distributed. Cannabis plants in the flowering stage may not be cultivated or possessed, but may be distributed with a valid medical marijuana card.

Do Home Cultivators Need To Obtain A License Or Permit To Grow Marijuana in West Virginia?

No, home cultivators in West Virginia do not need to obtain a license or permit to grow marijuana. It is only legal for registered medical marijuana patients and caregivers to cultivate marijuana plants for personal use. Home cultivators must comply with all applicable laws and regulations.

Are There Residency Requirements For Those Who Wish To Cultivate Marijuana At Home in West Virginia?

No, there are no residency requirements for those who wish to cultivate marijuana at home in West Virginia. However, it is important to note that marijuana cultivation for recreational purposes is still illegal in the state.

What Are The Location And Zoning Restrictions For Home Cultivation in West Virginia?

The location restrictions for home cultivation of cannabis in West Virginia are that it must take place within the personal residence of the cultivator, and no plants can be visible to the public. The zoning restrictions are that the residence must be located in an area zoned for residential use, and only the primary residence of the cultivator may be used for cultivation.

Is It Legal To Share Or Gift Homegrown Marijuana With Others in West Virginia?

No, it is not legal to share or gift homegrown marijuana with others in West Virginia. Possession of any amount of marijuana is a misdemeanor punishable by a fine of up to $1,000 and/or up to six months in jail.

Are There Limitations On The Amount Of Marijuana That Can Be Harvested And Stored in West Virginia?

Yes, there are limitations on the amount of marijuana that can be harvested and stored in West Virginia. Limited amounts of medical marijuana can be purchased from dispensaries by approved Medical Cannabis Program participants, and only approved caregivers may legally possess marijuana plants. Possession of more than six ounces of marijuana is a felony offense.

Do State Laws Differentiate Between Medical And Recreational Home Cultivation in West Virginia?

No, state laws in West Virginia do not differentiate between medical and recreational home cultivation. Both medical and recreational home cultivation is illegal in West Virginia.

Are There Restrictions On The Use Of Hydroponic Or Aeroponic Systems For Cultivation in West Virginia?

Yes, there are restrictions on the use of hydroponic and aeroponic systems for cultivation in West Virginia. These restrictions are outlined in the regulations set out by the West Virginia Department of Agriculture. Generally speaking, all hydroponic and aeroponic system operations must be licensed with the state and inspected prior to becoming operational. All activities must be conducted in accordance with the existing state regulations. Additionally, all facilities must meet the requirements set out by the department for indoor cultivation areas, including proper ventilation, temperature control, a water supply source, and sanitation protocols. Failure to comply with these restrictions can result in a number of penalties, including fines or even criminal charges.

Can Landlords Or Property Owners Prohibit Home Cultivation On Their Properties in West Virginia?

Yes, landlords or property owners in West Virginia can prohibit home cultivation on their properties. According to the West Virginia Code, landlords may include in their rental agreements a clause prohibiting the cultivation of cannabis, either for medicinal or recreational purposes.

Are There Regulations Regarding Security Measures For Home Cultivation Sites in West Virginia?

Yes, there are regulations regarding security measures for home cultivation sites in West Virginia. The West Virginia Department of Agriculture has outlined specific security requirements for all medical cannabis cultivation sites. These include: the site must be enclosed and secure, the facility must have locks on all doors and other access points, cameras must be installed to monitor the entire facility, and all personnel must have proper identification and access badges. The department also requires that all medical cannabis plants must be protected from unauthorized persons, animals, and pests, and all plants must be tracked and monitored at all times.

How Are Home Cultivators Required To Label And Store Their Harvested Marijuana in West Virginia?

Home cultivators in West Virginia are required to label their harvested marijuana in accordance with the rules established by the West Virginia Medical Cannabis Commission. All harvested marijuana must be stored and labeled in a manner that is consistent with the rules established by the Commission. Additionally, home cultivators must ensure that any marijuana they harvest is kept in a secure location and away from children and pets.

Do State Laws Allow For Outdoor Cultivation, And If So, What Are The Regulations in West Virginia?

Yes, state laws allow for outdoor cultivation of medical cannabis in West Virginia. The regulations governing outdoor cultivation are outlined in Section 4 of the Senate Bill 386, passed by the West Virginia Legislature in 2017. The bill outlines that outdoor cultivation must be conducted in a secure and enclosed area, and the licensee must also provide proof of ownership or permission to cultivate on the land. Additionally, the licensee must also adhere to all local laws and regulations. The license must be renewed every two years in order to remain compliant with state law. A copy of the bill can be accessed on the West Virginia Legislature website.

Are There Age Restrictions For Individuals Involved In Home Cultivation in West Virginia?

In West Virginia, it is illegal for individuals under the age of 21 to cultivate marijuana at home. Any person caught growing marijuana in violation of this law could be charged with a misdemeanor and face up to six months in jail, a fine up to $1,000 or both.

What Is The Penalty For Violating Home Cultivation Regulations in West Virginia?

The penalty for violating West Virginia’s home cultivation regulations can vary depending on the amount of marijuana plants or marijuana product found in violation. Possession of up to 15 grams of marijuana or fewer than five marijuana plants is a misdemeanor punishable by a fine of up to $1,000 and/or up to six months in jail. Possession of more than 15 grams is a felony that can lead to jail time of up to three years and/or a fine of up to $25,000.

Do State Regulations Address The Sale Or Exchange Of Homegrown Marijuana in West Virginia?

No, there are currently no state regulations that address the sale or exchange of homegrown marijuana in West Virginia. It is illegal to cultivate, possess, use, sell, or distribute marijuana in West Virginia.

Is It Legal To Make Concentrates Or Edibles Using Homegrown Marijuana in West Virginia?

No, it is not legal to make concentrates or edibles using homegrown marijuana in West Virginia. According to WVC § 60A-4-401, possession or manufacturing of marijuana is a felony under state law. Additionally, any person who cultivates, processes, distributes, sells, or transports marijuana can be convicted of a felony.

Are There Restrictions On The Possession Of Marijuana Plants Or Products In Public Places in West Virginia?

Yes, there are restrictions on the possession of marijuana plants or products in public places in West Virginia. Under West Virginia law, it is illegal to possess, use, display, or distribute marijuana in public places. This includes any type of marijuana product, such as edibles or concentrates. Additionally, it is illegal to possess or grow more than six marijuana plants in public places. Violating these laws can result in fines and/or jail time.

How Can Individuals Access Resources And Guidance On Complying With Home Cultivation Regulations in West Virginia?

Individuals can access resources and guidance on complying with home cultivation regulations in West Virginia by visiting the West Virginia Medical Cannabis Program’s website. The website provides information on the regulations for medical cannabis home cultivation, as well as links to helpful resources and information on how individuals can register their home grow operation with the program. Additionally, individuals can contact the West Virginia Department of Health and Human Resources (DHHR) for more information and guidance on complying with home cultivation regulations.