In West Virginia, drug crimes are categorized as either a misdemeanor or felony offense. The most common drug offenses are simple possession, possession with intent to deliver, delivery, manufacture, conspiracy, delivery resulting in death, and failure to render aid.
For a misdemeanor simple possession conviction, the penalty is not less than 90 days nor more than six months in jail, a fine up to $1,000, or both.
For felony possession with intent to deliver, delivery, or manufacture a controlled substance, the penalty depends on the schedule of a controlled substance.
- A Schedule I or II narcotics – such as heroin, LSD, hydrocodone, and oxycodone – carries a penalty of 1 to 15 years, or a fine up to $25,000, or both.
- Methamphetamine carries a penalty of 1 to 15 years, or a fine up to $25,000, or both.
- A Schedule I, II, or III non-narcotic – such as marijuana and cocaine – carries a penalty of 1 to 5 years, a fine up to $15,000, or both
The penalty for conspiracy to commit a felony drug offense, other than marijuana, depends on the amount of controlled substance involved. The penalties range from is 2 to 10 years to 2 to 30 years.
Drug delivery resulting in death carries a penalty of 3 to 15 years, and failure to render aid is 1 to 5 years.