What is the maximum sentence for drug possession in West Virginia?

Under W. Va. Code § 60A-4-401(c) (Misdemeanor), West Virginia drug possession carries a maximum sentence of 90 days-6 months and a maximum fine of $1,000.

Does West Virginia have a mandatory minimum for drug possession?

Yes. West Virginia imposes a mandatory minimum of 90 days (minimum confinement or fine) for drug possession. This applies unless an exception or diversion program is available.

What factors enhance a drug possession charge in West Virginia?

In West Virginia, drug possession penalties can be enhanced by: Second or subsequent offense (6-12 months); Possession near a school (enhanced penalties).

West Virginia Drug Possession Law

West Virginia Drug Possession Defense

What you're facing under W. Va. Code § 60A-4-401(c), how the penalties scale, and the questions your attorney needs to answer, specific to West Virginia (WV) law.

Offense Class

Misdemeanor

Maximum Penalty

90 days-6 months

Maximum Fine

$1,000

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Mandatory Minimum

West Virginia imposes a mandatory minimum of 90 days (minimum confinement or fine) for this charge. Charge reductions or alternative sentencing are questions worth raising before the plea is entered.

Penalty Range in West Virginia

StatuteW. Va. Code § 60A-4-401(c) — Simple Possession of a Controlled Substance

Minimum Penalty

Maximum Penalty90 days-6 months

Maximum Fine$1,000

Charge Enhancements

These factors can elevate the charge or penalty in West Virginia:

Second or subsequent offense (6-12 months)
Possession near a school (enhanced penalties)

West Virginia-Specific Detail

First offense may be eligible for conditional discharge. Upon successful completion of probation, charges dismissed. Drug court diversion available.

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Important: This page provides legal INFORMATION about West Virginia drug possession law as of the date of publication. Laws change frequently. This is not legal advice. The analysis draws on methods developed by defense attorneys, applied to public data. Your attorney remains the final authority on defense direction.