By Ashley Perham, Charleston Gazette-Mail
CHARLESTON, W.Va. — Charleston residents could soon see lower — almost nonexistent — penalties for simple possession of marijuana.
In West Virginia, marijuana (and synthetic cannabinoids) are legal only for medicinal use. Simple possession of marijuana is a misdemeanor, and possession with intent to distribute is a felony.
However, a Charleston City Council bill and a citizen petition aim to reduce the penalties for simple possession of marijuana.
Current penalties
Under existing state law, simple possession can be punished with a fine of up to $1,000, 90 days to six months in jail, or both.
In Charleston, the penalty for a first offense is up to 30 days in jail, up to a $500 fine or both. However, the first time someone is convicted of simple possession of less than 15 grams of marijuana, a judge must allow them to work through a conditional discharge process.
Under this process, a person pleads or is found guilty and is put under probation, requiring them to have no new charges for a period of time, typically six months. The guilty plea is deferred until the probationary period is completed. The charge is then dismissed and discharged, and can later be expunged from their record.
Those charged still must pay court costs, $72 in criminal cases. The city of Charleston gets $2 of those costs. The state gets the rest.
