West Virginia Code § 60A-4-407 outlines the legal framework governing marijuana laws in West Virginia.

While cannabis remains illegal in West Virginia, there is ongoing debate regarding its legality. Some cities and localities have started programs aimed at alleviating the enforcement of prohibition. First-time misdemeanor offenders may qualify for pre-trial diversion programs to avoid incarceration.

However, charges related to marijuana offenses carry significant penalties that can impact many aspects of an individual’s future. For example, a possession charge can lead to an arrest record that may appear in background checks for potential employers and landlords. Additionally, marijuana convictions can negatively affect immigration status and student loan eligibility.

If you are facing a marijuana-related charge, it’s essential to contact an attorney at Harclerode Law as soon as possible. Our team not only defends individual cases but is also actively involved in the National Legal Committee of NORML (the National Organization for the Reform of Marijuana Laws), which advocates for the reform of marijuana laws across West Virginia and the United States.

Founding partner Alex Harclerode has experience serving on NORML’s legal board and has worked with early advocates of marijuana law reform.

The best defense often includes filing and arguing all possible motions to suppress evidence or statements, particularly in cases involving unreasonable and illegal searches and seizures.

A robust defense for marijuana crimes should also involve motions based on the 9th Amendment right to privacy, as well as challenging the classification of marijuana as a narcotic substance. Contact Harclerode Law to discuss your case. Call (304) 931-0479 for a free consultation.