West Virginia Code § 19-12E-9

Defense for possession or cultivation of marijuana
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(a) It is a complete defense to a prosecution for the possession or cultivation of marijuana
pursuant to the provisions of §60A-4-401 et seq. of this code that defendant was growing
industrial hemp pursuant to the provisions of this article.
(b) This section is not a defense to a charge of criminal sale or distribution of marijuana as
defined in §60A-1-101 et seq. of this code which does not meet the definition of industrial
hemp.

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