Home State Laws The State Laws of West Virginia

The State Laws of West Virginia

The State Laws of West Virginia


Due to the fact that individual state laws are constantly subject to change, individuals are encouraged to consult an attorney prior to engaging in any activity, action, or event in which the expressed legality may come into question. Furthermore, individuals interested in attaining information with regard to individual state legislature are also encouraged to perform independent research in order to substantiate the relevancy and current state(s) of specific legislation.  If you need legal advice and assistance, contact West Virginia lawyers.

West Virginia Abortion Laws

Within the state of West Virginia, Abortion is defined as the purposeful termination of a pregnancy through procedural means. Subsequent to the decision of Roe v. Wade, abortion became legal within the United States – however, West Virginia state legislation expresses a variety of stipulations with regard to a legal abortion process:

•    A legal abortion may occur in the event that the protection and preservation of the life of the mother carrying a fetus is compromised as a result of a pregnancy; an abortion can take place in order to save the life of the mother only upon accredited and sanctioned medical review – only a licensed medical doctor will be permitted to both review and perform cases of abortion within the state of West Virginia

•    An illegal abortion is deemed as an abortion process that occurs in the event that the health and wellbeing of the mother is not in danger; furthermore, an illegal abortion is defined as a procedure that occurs outside of legal, accepted, and authorized medical procedural protocol – unlawful abortion is considered to be a felony

•    Individuals accused of performing illegal abortion procedures can be punished with a prison sentence ranging from 3 to 10 years; in the event that am mother dies during such a procedure, a charge of murder can be brought forth – unlawful, purposeful miscarriages can range in punishment from incarceration to monetary fines

West Virginia Marijuana Laws

Within the state of West Virginia, the possession of Marijuana – or Cannabis products – as well as the acts of growing or distributing marijuana without the expressed permission of the West Virginia State Government is a punishable, criminal offense. The following penalties are associated with Marijuana within the state of West Virginia:

Possession/Under the Influence of Marijuana

1.    Amount: Any

•    Penalty: 90 days’ to 6 months’ incarceration

•    Fines: $1,000

•    Classification: Misdemeanor

2.    Amount: less than 15 grams

•    Penalty: Automatic Conditional Discharge

Cultivation/Sale of Marijuana

Supplementary Charges include Possession, Sale, and Sale to a minor with regard to Drug Paraphernalia; Marijuana charges may be subject to increase to the proximity to a school zone or Public Park – the sale of Marijuana to a minor may also incur additional fines and incarceration

3.    Amount: Any

•    Penalty: 1 to 5 years’ incarceration

•    Fines: $15,000

•    Classification: Felony

4.    Amount: Any (upon transport into West Virginia)

•    Penalty: 1 to 5 years’ incarceration

•    Fines: varies

•    Classification: Felony

Medical Marijuana

Within the state of West Virginia, Medical Marijuana is considered to be illegal both for patient use and cultivation

West Virginia DWI and DUI Laws

Driving while intoxicated (DWI) and driving while under the influence (DUI) charges exist in the event that an individual ingests illegal drugs, alcohol, or controlled-substances, which may impair their respective ability to safely operate a motor vehicle; the following DUI and DWI laws exist within the state of West Virginia:

•    Zero tolerance laws exist in the event that an individual below the legal age permissible to consume alcohol is suspected to be unlawfully operating a motor vehicle; within the state of West Virginia, the Zero Tolerance Blood Alcohol Content Level (BAC) cannot exceed .02%

•    The BAC limit for individuals operating motor vehicles may not reach .08%; this can constitute a DUI or DWI offense

•    In West Virginia, there currently exist no supplementary penalties incurred due to BAC levels exceeding the expressed, legal limit

•    Implied consent is a legal instrument that is employed within the realm of a DUI Arrest that entails a verbal or written contract resulting from the willing participation in a regulated activity, such as the operation of a motor vehicle; within West Virginia, law enforcement agents are permitted to act in accordance with implied consent laws

•    Upon a DUI or DWI conviction, and individuals is subject to undergo the loss of driving privileges for a period of no less than 180 days’ time;  penalties can range upwards of 1 year in addition to the installation of an ignition interlock device

West Virginia Gun Laws

A handgun is a firearm whose smaller size is fashioned to be used upon operation by one hand, which typically fire single round ammunition; within the state of West Virginia, handgun laws are as follows:

•    The sale, ownership, or possession of handguns with regard to convicted felons, individuals convicted of domestic violence, illegal aliens, individuals addicted to drugs or alcohol, minors, and individuals who have been in long-term care in a mental health facility is illegal in the state of West Virginia; individuals carrying illegal weapons on their person during the time of a crime, aggravated assault can be attributed to any coinciding criminal convictions imposed

•    A waiting period for the purchase of a firearm does not currently exist in the state of West Virginia

•    Current listing or report of forearms considered to be illegal in the state of West Virginia: machine guns, sub-machine guns, and fully-automatic weaponry

West Virginia Adoption Laws

In the state of West Virginia, an individual who has been deemed as a law-abiding citizen who is of sound mind and moral character is permitted to adopt a child; individuals whom are wed must agree to an adoption in a joint fashion:

•    Within the state of West Virginia, and individual must maintain residence for a period of no less than 6 months

•    Any individual may be adopted; children above the age(s) of 12 must express consent with regard to a potential adoption

•    Within the state of West Virginia, the Department of Human Services mandates all adoptions

•    The statute of limitations available to challenge an adoption is 6 months’ time subsequent to the adoption

West Virginia Employment and Labor Laws

•    Within the state of West Virginia, the minimum wage is $7.25 awarded per hour of labor

•    State Holidays are listed as: New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving, and Christmas – Veteran’s Day, Wyoming Equality Day, Martin Luther King, Jr.'s Birthday, and President’s Day result in the closing of public institutions only upon the decision set forth by the local board of trustees and government

•    Within the state of West Virginia, an individual’s employ cannot be terminated in the event that they report a violation or hazard taking place with regard to their respective employment – or place of employment

West Virginia Divorce Laws

Within the state of West Virginia, a divorce is defined as the termination of a marriage, which can occur upon a decision set forth by one or both partners involved in the marriage:

•    A divorce must be filed subsequent to 60 days residence within the state of West Virginia; in the event that an individual –or individuals – were married in West Virginia and lived there on a continuous basis, a time constraint for filing does not exist

•    ‘No Fault’ divorce does exist on the grounds of irreconcilable differences; requires 1-year separation

•    Additional grounds for divorce can include cruelty, adultery, impotence, addiction, and insanity

West Virginia Death Penalty Laws

Within the state of West Virginia, Capital Punishment – or the Death Penalty – is illegal

West Virginia Gambling Laws

Within the state of West Virginia, Gambling is defined as the purposeful risking of any or all assets, property or monies with the intention of gain; a primary stipulation exists that expressed that the individual retains no control of peripheral outcome(s) with regard to any wagers set forth:

•    Horse racing wagering is legal

•    Dog racing wagering is legal

•    Any and all unsanctioned structures and facilities intended to house gambling activity is deemed as illegal in the state of West Virginia; permissible gambling devices cannot emulate casino paraphernalia, such as dice or other games – old-fashioned slot machines are permissible

West Virginia Child Laws

Within the state of West Virginia, the following stipulations with regard to child laws and child custody are recognized:

•    Joint custody is permitted

•    The rights implied within grandparental visitation are recognized

•    The wishes of any or all children involves are taken into consideration with regard to a custody decision