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WVC 19 - 12 E- 9 §19-12E-9. Defense for possession or cultivation of marijuana.
(a) It is a complete defense to a prosecution for the possession or cultivation of marijuana pursuant to the provisions of article four, chapter sixty-a of this code that:

(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
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