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Where I'm origionally from, Illinois, it is bullshit. When sitting in court, I witnessed several people get 1 or 2 years for domestic assault, or theft in excess of 10,000, etc...then a guy who grew a couple plants got 10 years. Really shows how much the government cares about its citizens.
Here is the official run down for the state of WV.
Possession
Any amount misdemeanor 90 days - 6 months $1,000
Conviction of possession of less than 15 grams triggers an automatic conditional discharge.
Sale or Cultivation
Any amount felony 1 - 5 years $15,000
Sale to a minor or within 1,000 feet of a school felony 2 years MMS* variable
Transport into state with intent to deliver felony 1 - 5 years $15,000
*Mandatory minimum sentence.
Miscellaneous (paraphernalia, license suspensions, drug tax stamps, etc...)
Paraphernalia sale misdemeanor 6 months - 1 year $5,000
Subsequent offenses double the possible penalties.
D etails
Possession of marijuana is punishable by 90 days - 6 months in jail and a fine up to $1,000. Possession with intent to
manufacture or deliver a controlled substance is a felony and can result in imprisonment of not less than one year and not
more than five years, or a fine of fifteen thousand dollars, or both.
Conviction of possession of less than 15 grams triggers an automatic conditional discharge. Conditional discharge does
not apply to a defendant who has previously been convicted of any offense relating to narcotic drugs or marijuana.
Cultivation, delivery or sale is punishable by 1 - 5 years in prison and a fine up to $15,000. Sale to a minor or sale within
1,000 feet of a school requires a two-year mandatory minimum sentence for the sale.
Transportation of marijuana into the state with the intent to deliver is punishable by 1 - 5 years in prison and a fine up to
$15,000.
Subsequent offenses double the possible penalties.
Operating an illegal drug paraphernalia business is punishable by 6 months - 1 year in jail and a fine up to $5,000.
Conditional release: The state allows conditional release or alternative or diversion sentencing for people
facing their first prosecutions. Usually, conditional release lets a person opt for probation rather than trial. After
successfully completing probation, the individual's criminal record does not reflect the charge.
Mandatory minimum sentence: When someone is convicted of an offense punishable by a mandatory
minimum sentence, the judge must sentence the defendant to the mandatory minimum sentence or to a higher
sentence. The judge has no power to sentence the defendant to less time than the mandatory minimum. A
prisoner serving an MMS for a federal offense and for most state offenses will not be eligible for parole. Even
peaceful marijuana smokers sentenced to "life MMS" must serve a life sentence with no chance of parole.