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 (5)
Driving Under the Influence of Alcohol, Controlled Substances, or Drugs
West Virginia's DUI limit is 0.08% BAC with aggravated charges at 0.15%. First offense carries fines up to $500, up to 6 months in jail, and a 15-day mandatory license revocation with subsequent interlock device. Refusing a chemical test results in a 1-year license revocation.
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.