(1) The defendant was growing industrial hemp pursuant to the provisions of this article;
(2) The defendant has a valid applicable controlled substances registration from the United States department of justice, drug enforcement administration; and
(3) The defendant fully complied with all of the conditions of the controlled substances registration.
(b) This section is not a defense to a charge of criminal sale or distribution of marijuana as defined in chapter sixty-a of this code which does not meet the definition of industrial hemp.
Note: WV Code updated with legislation passed through the 2013 1st Special Session
The WV Code Online is an unofficial copy of the annotated WV Code, provided as a convenience. It has NOT been edited for publication, and is not in any way official or authoritative.