(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 defendant was growing industrial hemp pursuant to the provisions of this article.
(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 2016 Regular Session
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