Is 5-MeO-DMT legal in West Virginia?

Where is 5-MeO-DMT legal?

5-MeO-DMT is illegal to possess in the United States. 5-MeO-DMT is a natural substance found in some plants and in the secretions of a particular toad in South America.

Some places in the country have decided to decriminalize the possession of these types of naturally occurring compounds. That means it is still illegal to possess them (they’re still federally regulated, Schedule I drugs) but that the prosecution of these crimes is of a low priority for the police in the area. In Oregon, they take it one step further: personal drug possession is no longer considered a crime, but a civil violation.

Here’s where entheogenic plants and fungi are deprioritized for law enforcement:

  • Arcata, CA
  • Oakland, CA
  • Santa Cruz, CA
  • Cambridge, MA
  • Easthampton, MA
  • Northampton, MA
  • Somerville, MA
  • Ann Arbor, MI
  • Detroit, MI
  • Washtenaw County, MI
  • Oregon
  • Seattle, WA
  • Port Townsend, WA

5-MeO-DMT in West Virginia

5-MeO-DMT is illegal in West Virginia. West Virginia’s laws classify 5-MeO-DMT as a Schedule I substance (in accordance with federal laws). If caught with 5-MeO-DMT, you could end up in a correctional facility for 1-5 years or have to pay a fine of up to $15,000.

Active legislation about 5-MeO-DMT in West Virginia

In 2021, House Bill 3113, aimed at removing certain entheogenic plants and fungi from the Schedule I list in West Virginia failed to advance out of committee.

Is ayahuasca legal in West Virginia?

Where is ayahuasca legal?

Ayahuasca is illegal to brew or drink in the US unless you are a certified member of the religious society União do Vegetal (UDV). The UDV is permitted to drink ayahuasca in its ceremonies.

Ayahuasca and its active ingredient, DMT, are Schedule I illegal substances. But, since ayahuasca is made from plants, it’s considered part of a growing movement to decriminalize possession of natural psychoactive substances.

Entheogenic plant and fungus-based compounds like ayahuasca have been decriminalized in the state of Oregon and deprioritized in other parts of the country. That means possession of ayahuasca is not a large priority for law enforcement.

Examples of these areas where entheogenic plants are deprioritized include:

  • Arcata, CA
  • Oakland, CA
  • Santa Cruz, CA
  • Cambridge, MA
  • Easthampton, MA
  • Northampton, MA
  • Somerville, MA
  • Ann Arbor, MI
  • Detroit, MI
  • Washtenaw County, MI
  • Oregon
  • Seattle, WA
  • Port Townsend, WA

Ayahuasca in West Virginia

Ayahuasca is illegal in West Virginia…unless, of course, you’re a member of the UDV, in which case you’re protected from prosecution under federal law. Ayahuasca possession is a felony in West Virginia. Penalties for having it on your person can include 1-5 years in jail and a $15,000 fine.

Active legislation about ayahuasca in West Virginia

Ayahuasca isn’t a part of any active legislation in West Virginia at this time. In 2021, a measure was proposed to remove some drugs from the Schedule I list—but that legislation died in committee.

Is DMT legal in West Virginia?

Where is DMT legal?

DMT is an illegal drug throughout the United States. DMT is an entheogenic compound that’s derived from plants. And that means that in certain areas, DMT is not a priority for law enforcement professionals. Here’s where substances like DMT are either decriminalized or deprioritized in the U.S.:

  • Arcata, CA
  • Oakland, CA
  • Santa Cruz, CA
  • Cambridge, MA
  • Easthampton, MA
  • Northampton, MA
  • Somerville, MA
  • Ann Arbor, MI
  • Detroit, MI
  • Washtenaw County, MI
  • Oregon
  • Seattle, WA
  • Port Townsend, WA
  • Washington, D.C.

DMT in West Virginia

DMT is not legal to possess in West Virginia. DMT, although a natural compound, is still considered a Schedule I substance under federal law. Possession in West Virginia is a felony punishable by up to 5 years in jail and a $15,000 fine.

Active legislation about DMT in West Virginia

There’s nothing that’s pending right now concerning DMT in West Virginia. In 2021, lawmakers in the State House introduced a bill that would have removed some drugs from the Schedule I list. But that bill stalled before making it out of the committee process.

Is ibogaine legal in West Virginia?

Where is ibogaine legal?

Ibogaine is not legal in the United States. Ibogaine is a Schedule I controlled drug. That means that it’s considered dangerous, likely to result in abuse, and of little medicinal value. Ibogaine is rated the same as cocaine or heroin under federal law.

There are some places that have decided to decriminalize the possession of natural plant compounds like ibogaine. In these areas listed below, it’s still illegal to possess ibogaine (and other entheogens) but law enforcement doesn’t place a high priority on these substances. In the state of Oregon, lawmakers have decriminalized entheogenic plants like ibogaine and fungi like psilocybin. In Oregon, possession of these types of compounds is not criminal, but civil in nature.

Here are those areas where entheogens are decriminalized:

  • Arcata, CA
  • Oakland, CA
  • Santa Cruz, CA
  • Cambridge, MA
  • Easthampton, MA
  • Northampton, MA
  • Somerville, MA
  • Ann Arbor, MI
  • Detroit, MI
  • Washtenaw County, MI
  • Oregon
  • Seattle, WA
  • Port Townsend, WA
  • Washington, D.C.

Ibogaine in West Virginia

West Virginia’s laws make it illegal to possess ibogaine. Ibogaine is Schedule I in West Virginia, as it is in much of the country. Ibogaine possession could result in conviction of a felony, along with 1-5 years imprisonment and/or a $15,000 fine.

Active legislation about ibogaine in West Virginia

There’s nothing currently pending regarding ibogaine right now in West Virginia. In 2021, West Virginia lawmakers briefly considered removing some drugs from the Schedule I list. This would have meant lesser penalties for possession of certain drugs. However, this bill died in committee.

Is ketamine legal in West Virginia?

Where is ketamine legal?

Ketamine is a legal, prescription anesthetic. Ketamine is used sometimes in surgical procedures. It’s also prescribed by doctors in an off-label manner to help with mental health disorders. Esketamine, a nasal spray version of ketamine, is approved to treat depression along with traditional antidepressant medication.

Ketamine is illegal to use or possess when not prescribed by a medical professional.

Ketamine in West Virginia

Ketamine is legal in West Virginia, as long as it is prescribed. As a recreational drug, ketamine is illegal in West Virginia and is classified as a Schedule III controlled substance. Possession of a Schedule III substance carries no lighter penalty in West Virginia than a Schedule I or II drug. It’s a felony and punishable by 1-5 years imprisonment and up to a $15,000 fine.

Active legislation about ketamine in West Virginia

Ketamine is available and legal throughout West Virginia for both on-label (anesthesia) and off-label (mental health) treatments. There isn’t any pending legislation regarding ketamine at this time.

Is LSD legal in West Virginia?

Where is LSD legal?

LSD isn’t legal anywhere in the United States. LSD is an illegal, Schedule I drug. In Oregon, they’ve decriminalized personal drug possession — so there, possession is a civil infraction rather than a criminal matter. It’s still illegal federally.

LSD in West Virginia

LSD, or lysergic acid diethylamide, is illegal in West Virginia. It’s a Schedule I substance and a felony to possess in the Mountain State. If you’re caught in West Virginia with LSD, you could land in jail for up to five years and have to pay a $15,000 fine.

Active legislation about LSD in West Virginia

There isn’t any pending or active legislation about LSD in West Virginia as of this writing.

Is MDMA legal in West Virginia?

Where is MDMA legal?

MDMA is illegal to possess anywhere in the United States. Federal law dictates that MDMA is a Schedule I controlled substance. MDMA has been the subject of recent studies indicating it could be an effective PTSD treatment. That could make MDMA a viable therapy for mental health disorders in the near future.

If you’re somewhere like Oregon, where personal drug possession isn’t considered a crime, MDMA would still be illegal (because of the federal Controlled Substances Act), but you wouldn’t receive criminal prosecution for possessing MDMA. In Oregon, drug possession equals a civil citation and a fine.

MDMA in West Virginia

MDMA is illegal in West Virginia. MDMA, also known as molly or ecstasy, is considered a Schedule I controlled substance in West Virginia. This is in line with current federal standards. Schedule I possession in West Virginia means a felony charge and 1-5 years in jail plus up to $15,000 in fines.

Active legislation about MDMA in West Virginia

Right now in West Virginia, there is no pending legislation about MDMA.

Are mescaline-containing cacti like peyote or San Pedro legal in West Virginia?

Where are mescaline, peyote, or San Pedro legal?

Peyote (a cactus) and mescaline (the psychoactive drug extracted from the peyote cactus) are illegal in the United States. Members of the Native American Church (NAC for short) have a federal exemption that allows them to use peyote as part of their religious practice.

In some parts of the country, plants like peyote are becoming decriminalized. That means they are still illegal under the laws of the federal government, but local laws dictate these entheogenic fungi and plants are not a huge priority for the police.

San Pedro cacti are legal to own in the US, but extracting mescaline from them is not.

Places where entheogenic plants and fungi are decriminalized or deprioritized:

  • Arcata, CA
  • Oakland, CA
  • Cambridge, MA
  • Easthampton, MA
  • Northampton, MA
  • Somerville, MA
  • Ann Arbor, MI
  • Detroit, MI
  • Washtenaw County, MI
  • Oregon
  • Seattle, WA
  • Port Townsend, WA
  • Washington, D.C.

Mescaline, peyote, and San Pedro in West Virginia

Mescaline’s illegal in West Virginia. It’s a felony to possess. And it could mean up to 5 years imprisonment if you’re caught with mescaline on your person. Members of the NAV are allowed to use peyote in the Mountain State, as they are throughout the country.

Active legislation about mescaline, peyote, and San Pedro in West Virginia

West Virginia briefly considered removing some drugs from its Schedule I list in 2021, but the bill died before making it out of committee.

Is psilocybin legal in West Virginia?

Where is psilocybin legal?

Psilocybin or psilocin is illegal in the United States of America. The Controlled Substances Act classifies it as a Schedule I substance — the rating reserved for dangerously addictive drugs. Psilocybin is derived from certain “magic” mushrooms that grow wild throughout the country.

In an attempt to encourage access to mental health treatments featuring entheogenic compounds, many areas have started to decriminalize their possession. Still illegal on a federal level, in certain areas, people who possess these mushrooms will likely go unprosecuted by the local law enforcement.

These areas include:

  • Arcata, CA
  • Oakland, CA
  • Santa Cruz, CA
  • Denver, CO
  • Cambridge, MA
  • Easthampton, MA
  • Northampton, MA
  • Somerville, MA
  • Ann Arbor, MI
  • Detroit, MI
  • Washtenaw County, MI
  • Oregon
  • Seattle, WA
  • Port Townsend, WA
  • Washington, D.C.

Psilocybin in West Virginia

Psilocybin’s illegal in West Virginia. Psilocin or psilocybin is a felony to possess in West Virginia. Conviction of possession could mean jail time (up to five years) and a fine of $15,000.

Active legislation about psilocybin in West Virginia

Nothing’s pending in the legislature when it comes to psilocybin in West Virginia. In 2021, the legislature failed to pass a measure that would have removed certain drugs from the Schedule I list in the Mountain State. It’s possible similar legislation will be introduced in the state in the future since psilocybin is considered a breakthrough treatment for depression by the FDA.