West Virginia Code Chapter 19. Agriculture § 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 § 60A-4-401 et seq. 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 § 60A-1-101 et seq. of this code which does not meet the definition of industrial hemp.