2009 West Virginia Code
CHAPTER 19. AGRICULTURE
ARTICLE 12E. INDUSTRIAL HEMP DEVELOPMENT ACT.
§19-12E-9 Defense for possession or cultivation of marijuana.
§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.
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