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.
Terms Used In West Virginia Code 19-12E-9
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- industrial hemp: means all parts and varieties of the plant Cannabis sativa L. See West Virginia Code 19-12E-3
- Marijuana: means all plant material from the genus cannabis containing more than one percent tetrahydrocannabinol or seeds of the genus capable of germination. See West Virginia Code 19-12E-3
(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.