Drug Crime Defense at Harclerode Law, PLLC
Offenses involving illegal drugs, whether street drugs or unauthorized prescription medications, are taken seriously in West Virginia. Drug possession is one of the most frequently prosecuted crimes in local courts.

Penalties for drug crimes can vary significantly, including fines and imprisonment, and are often determined by the type and amount of the substance involved. Additionally, charges may depend on whether there was intent to sell or distribute the drugs, or if they were intended for personal use.

Drug cases can be complex, and facing a drug charge can feel overwhelming. You may be unsure of how to proceed or where to turn for help. At Harclerode Law, PLLC, our experienced drug crime attorneys can help you fight the charges and work toward the best possible outcome, whether in state or federal court.

Contact Harclerode Law, PLLC at (304) 931-0479 to request a free case review.

Drug Crimes in West Virginia

Common drug offenses in West Virginia include:

• Drug Possession: Having a controlled substance for personal use, including illegal drugs like heroin or cocaine, or possessing prescription medication without valid authorization.
• Drug Distribution: The illegal sale, delivery, or provision of controlled substances to others.
• Drug Manufacturing: Any involvement in producing illegal substances, from growing marijuana to manufacturing methamphetamine.
• Drug Trafficking: A serious offense involving the transportation, importation, or sale of large quantities of controlled substances, often across state lines, which may violate federal law.
• Conspiracy: An agreement between two or more individuals to commit a drug-related crime, such as manufacturing, distributing, or trafficking controlled substances.
• Drug Paraphernalia: Possessing equipment, products, or materials used in the creation, use, or sale of drugs, such as pipes, syringes, scales, and spoons.

Drug crimes involve “controlled substances,” which are categorized into five schedules based on their potential for abuse. Schedule I and II drugs, such as heroin, LSD, Ecstasy, cocaine, methamphetamine, and fentanyl, carry the highest potential for abuse.

Penalties for First-Time Drug Offenders in West Virginia

First-time offenders may face different penalties depending on whether the charge is a misdemeanor or felony. Misdemeanor charges generally involve small quantities of drugs intended for personal use or possession of drug paraphernalia. Penalties may include up to six months in jail and/or fines up to $1,000.

Felony drug offenses often involve larger amounts of drugs, distribution, or manufacturing. These charges can result in one to 15 years of imprisonment and fines up to $25,000.

Penalties may increase for repeat offenses or if the crime involves selling drugs to minors or near schools. Some drugs, such as those listed under Schedule I or II (e.g., heroin or methamphetamine), can result in felony charges even for small quantities.

Federal vs. State Drug Charges

Federal drug charges are generally more severe than state charges and are governed by the federal Controlled Substances Act. These charges often involve trafficking, conspiracy, or drug importation. Penalties can range from five years to life imprisonment, depending on the crime and the amount of drugs involved.

Federal drug cases, particularly those involving large quantities or organized criminal activity, are often investigated by agencies like the DEA. These investigations can take months or years, making it essential to work with a lawyer experienced in federal drug cases.

Marijuana Charges in West Virginia

While West Virginia has legalized medical marijuana, marijuana remains illegal under federal law. As a result, even if you comply with state law, you could still face prosecution for marijuana-related crimes at the federal level.

For example, possession of less than 15 grams is considered a misdemeanor punishable by up to 90 days in jail and a fine of up to $1,000. Possession of 15 grams or more is a felony, with penalties including one to five years in prison and fines of up to $15,000.

If you are facing drug charges, the team at Harclerode Law, PLLC is prepared to defend your case and help you navigate the complexities of state and federal drug laws. Call (304) 931-0479 today to schedule a free consultation. A Clarksburg Defense Attorney can make all the difference.