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Arrested for Marijuana Possession in West Virginia? Here’s What to Do

Frank C. Walker II Jan. 30, 2025

Although marijuana laws are evolving across the country, West Virginia still has strict rules regarding possession of marijuana. If you’ve been arrested for marijuana possession, it’s critical to understand your rights and the steps you should take to protect yourself. A conviction can have long-lasting effects on your future, but with the right legal representation, you can navigate the legal process and work toward the best possible outcome.

Attorney Frank Walker of Frank Walker Law is here to guide you through this challenging time. Below, we’ll cover what you need to know and what to do if you’re facing marijuana possession charges in West Virginia.

Understanding Marijuana Possession Laws in West Virginia

In West Virginia, marijuana is classified as a Schedule I controlled substance, and possession is considered a criminal offense. Here’s a breakdown of the potential penalties:

  • First Offense: A misdemeanor punishable by up to six months in jail and/or a fine of up to $1,000.

  • Subsequent Offenses: Repeat offenders face harsher penalties, including longer jail time and higher fines.

  • Possession of Large Amounts: If you’re caught with larger quantities of marijuana, you could face additional charges, such as intent to distribute, which carry significantly more severe penalties.

Step 1: Remain Calm and Cooperate with Law Enforcement

Being arrested is a stressful experience, but staying calm is essential. Resisting arrest or being confrontational can escalate the situation and lead to additional charges. Cooperate with law enforcement, but remember that you have rights—and you should exercise them.

Step 2: Exercise Your Right to Remain Silent

You have the right to remain silent, and you should use it. Politely decline to answer any questions without an attorney present. Anything you say can and will be used against you, so it’s best to wait until you have legal counsel before discussing the incident.

Step 3: Contact an Experienced Attorney Immediately

One of the most important steps you can take is to contact an experienced criminal defense attorney as soon as possible. Frank Walker Law has extensive experience handling drug-related cases in West Virginia. We’ll evaluate your case, identify potential defenses, and work tirelessly to protect your rights and your future.

Step 4: Understand the Potential Defenses

Every case is unique, but there are several common defenses to marijuana possession charges that your attorney may explore:

  • Unlawful Search and Seizure: If law enforcement conducted an illegal search or violated your Fourth Amendment rights, the evidence against you could be suppressed.

  • Lack of Possession: You may not have been aware that the marijuana was in your possession, or it may have belonged to someone else.

  • Medical Necessity: While West Virginia has a medical marijuana program, you must have a valid prescription and comply with the program’s guidelines. If you’re a registered patient, this could impact your case.

Step 5: Understand the Potential Consequences

A marijuana possession conviction can have far-reaching consequences, including:

  • A criminal record that may affect future job opportunities, housing applications, or educational prospects.

  • Loss of driving privileges in some cases.

  • Increased penalties for future offenses.

These potential consequences make it vital to approach your case with a strong defense strategy.

Why Choose Frank Walker Law?

At Frank Walker Law, we understand that everyone makes mistakes. We’re here to ensure that one mistake doesn’t define your future. With years of experience in criminal defense, Attorney Frank Walker is committed to providing aggressive, compassionate, and personalized representation. Whether it’s negotiating for reduced charges, advocating for alternative sentencing, or fighting for a dismissal, we’ll work tirelessly to achieve the best possible outcome for your case.

Take Action Today

If you’ve been arrested for marijuana possession in West Virginia, don’t wait to seek legal help. Contact Frank Walker Law today for a consultation. We’ll review your case, explain your options, and guide you through every step of the legal process. Your future is too important to leave to chance—let us fight for you.

About Frank Walker Law

Attorney Frank Walker of Frank Walker Law is a National Top 100 Criminal Defense Lawyer, and Personal Injury Attorney who has been recognized as a Super Lawyer, a member of the National College for DUI Defense, Best Attorneys in America, Best Law firms of America, America’s Greatest Attorneys, and a Top AVVO Rated attorney, with offices in Pittsburgh Pennsylvania and Morgantown West Virginia.

Additionally, you can find Attorney Walker on YouTube, TikTok, the Pittsburgh Attorney Podcast and the West Virginia Attorney Podcast, where he gives legal tips (not advice!) and discusses the pressing legal issues of the day.

If you or someone you love are facing criminal charges or are seriously injured in an accident, contact Attorney Frank Walker immediately at 412-532-6805 (Pittsburgh), 304-413-0179 (Morgantown), 24 hours a day, 7 days a week for aggressive and experienced Criminal Defense or Representation in a Civil Case.