West Virginia
West Virginia state laws, regulations, court decisions, and active legislation
Overview
West Virginia's legal system reflects the state's Appalachian heritage and the economic challenges of the coal industry's decline. The state has undergone significant change, including the impeachment of its entire Supreme Court in 2018 — an unprecedented event in modern American law. West Virginia has permitless carry, limited tenant protections, and no recreational marijuana.
The state's legal framework is conservative overall, with at-will employment, right-to-work protections, and minimal regulatory burdens. West Virginia's legal system faces unique challenges related to the opioid epidemic, coal mining legacy costs, and infrastructure needs.
Court Structure
West Virginia's court system includes magistrate courts, circuit courts (organized into 31 judicial circuits), the Intermediate Court of Appeals (established in 2022), and the Supreme Court of Appeals of West Virginia. The creation of the Intermediate Court of Appeals was a major reform following the 2018 Supreme Court impeachment crisis. All judges are elected in nonpartisan elections.
Unique Laws & Facts
- •West Virginia's entire Supreme Court was impeached in 2018 — unprecedented in modern law
- •The state created an Intermediate Court of Appeals in 2022 as a reform response
- •West Virginia allows permitless concealed carry at age 18
- •The state has no statutory limit on security deposit amounts
- •West Virginia's opioid litigation has resulted in some of the largest pharmaceutical settlements
Legal Landscape
West Virginia's legal landscape is shaped by the coal industry's decline, the opioid crisis, and the unprecedented 2018 Supreme Court impeachment. The state has conservative legal policies, permissive gun laws, and minimal tenant protections. Environmental remediation, substance abuse, and economic transition are dominant legal themes.
Key West Virginia Laws (24)
Driving Under the Influence
West Virginia prohibits driving impaired or with a BAC of 0.08% or higher (0.15% is aggravated). First offense includes 24 hours to six months jail and 90-day revocation. Third offenses are felonies with one to three years in prison.
Permitless Carry of Concealed Deadly Weapons
West Virginia allows permitless concealed carry for those 18 and older. No assault weapon bans, magazine limits, or waiting periods. No universal background checks for private sales. Strong Castle Doctrine and Stand Your Ground protections. Local gun laws are preempted.
Security Deposits and Landlord-Tenant Relations
West Virginia places no limit on security deposit amounts but requires return within 60 days with an itemized deduction list. There is no rent control, just cause eviction, or anti-retaliation protections. Tenant protections are among the most limited in the country.
West Virginia Medical Cannabis Act
West Virginia has a medical cannabis program (operational 2021) for qualifying conditions including cancer, PTSD, and epilepsy. No home cultivation. 10% excise tax. Recreational marijuana is illegal. Employers may enforce drug-free workplace policies.
Minimum Wage and At-Will Employment
West Virginia's minimum wage is $8.75/hour for employers with 6+ employees. At-will and right-to-work state (since 2016). No mandated paid leave. Anti-discrimination protections cover employers with 12+ employees for race, sex, disability, and other protected classes.
Assault and Battery
West Virginia separates assault (attempts or threats) from battery (actual contact). Both are misdemeanors with up to 12 months jail. Malicious assault with intent to seriously harm is a felony with two to ten years prison.
Possession of Controlled Substances
West Virginia possession of less than 15 grams of marijuana is a misdemeanor. Possession of cocaine, heroin, or meth is also a misdemeanor for first offenses. Conditional discharge with treatment is available. Possession with intent to deliver is a felony.
Grand and Petit Larceny
West Virginia petit larceny is theft under $1,000, a misdemeanor with up to 60 days jail. Grand larceny is theft of $1,000 or more, a felony with one to ten years prison. Theft of firearms is grand larceny regardless of value.
Burglary
West Virginia burglary is breaking and entering a dwelling at night to commit a crime, a felony with one to 15 years prison. Daytime burglary is one to ten years. Entry into commercial buildings to steal carries similar penalties. Aggravated burglary is enhanced.
Grounds for Divorce
West Virginia allows divorce on fault grounds (adultery, cruelty, desertion, etc.) or no-fault for irreconcilable differences (with mutual agreement) or one-year separation. Fault findings can affect support and property division decisions.
Custody — Best Interest of the Child
West Virginia custody decisions follow the child's best interest using an approximation rule weighing past caretaking. Other factors include relationships, child preferences, geography, and abuse history. Joint custody is favored when feasible.
Child Support Guidelines
West Virginia uses the income shares model based on both parents' adjusted gross income, parenting time, child care, and health insurance. Modifications require substantial change in circumstances or 15% variance after three years.
Minimum Wage
West Virginia's minimum wage is $8.75 per hour, exceeding the federal minimum. Cities cannot set higher local rates. Tipped workers can be paid $2.62 directly if tips bring earnings to the full minimum. Some small employers may not be covered.
At-Will Employment and Public Policy Exception
West Virginia is an at-will employment state. The Harless public policy exception protects against termination for refusing illegal acts, exercising statutory rights, or whistleblowing. Employee handbooks may create implied contracts.
Right-to-Work
West Virginia became a right-to-work state in 2016. No worker can be required to join or pay dues to a union as a condition of employment. The protection applies to private and public employees and was upheld by the state Supreme Court of Appeals.
Security Deposits
West Virginia sets no cap on security deposits. Landlords must return deposits within 60 days (or 45 days after a new tenant occupies, whichever is shorter) with an itemized list. Wrongful withholding subjects landlords to 1.5x damages plus attorney fees.
Wrongful Occupation of Residential Property (Eviction)
West Virginia does not require statutory notice for unpaid rent before filing eviction (though leases may). Magistrate court hears cases within about ten days. The sheriff enforces evictions. Self-help eviction by landlords is prohibited.
West Virginia Uniform Limited Liability Company Act
West Virginia LLCs are formed by filing articles of organization with the Secretary of State for $100. Members have limited liability. A $25 annual report fee is required. LLCs may be subject to B&O tax and corporate tax if elected.
West Virginia Consumer Credit and Protection Act
The West Virginia Consumer Credit and Protection Act bans unfair or deceptive practices in trade and consumer credit. Consumers can recover actual damages or $200 plus attorney fees. The Attorney General can seek penalties up to $5,000 per violation.
Motor Vehicle Lemon Law
West Virginia's Lemon Law requires manufacturers to replace or refund new vehicles with substantial defects after three failed repairs (one for safety defects) or 30 days out of service in the first year. Notice and opportunity to cure are required.
Intestate Succession — Surviving Spouse
Without a will in West Virginia, a spouse with no descendants or only shared descendants inherits everything. With non-shared descendants, the spouse takes one-half plus 60% of the remaining half. Without spouse, the estate goes to descendants.
Requirements for a Valid Will
A West Virginia will must be written and signed by the testator. Non-holographic wills must be witnessed by two competent people. Holographic wills entirely in the testator's handwriting are valid without witnesses but require handwriting authentication.
Speed Restrictions
West Virginia allows up to 70 mph on interstates, 65 mph on multilane divided highways, 55 mph on rural highways, and 25 mph in urban areas. Reckless driving is a misdemeanor with jail time. School zones carry enhanced penalties.
Magistrate Court Civil Jurisdiction
West Virginia magistrate courts handle civil claims up to $10,000, plus eviction and minor offenses. Procedures are simplified, attorneys are optional, and decisions can be appealed to circuit court for a new trial within 20 days.
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This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.