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West Virginia
West Virginia

Identification

  • Acceptable Identification
    • West Virginia Code § 3-1-34
    • West Virginia DMV
    • In West Virginia, acceptable forms of identification depend on the context (voting, driving, or general use). Commonly accepted forms of ID include:
      • State-Issued Driver’s License.
      • West Virginia State ID Card.
      • U.S. Passport.
      • Military ID Card.
      • Tribal Identification Card.
      • Permanent Resident Card (Green Card).
      • Employment Authorization Document (EAD) issued by the U.S. Citizenship and Immigration Services (USCIS).
      • Foreign Passport (in certain contexts, such as for non-citizens).
      • For specific purposes like voting, West Virginia requires government-issued photo identification. Voters who do not present an ID can vote provisionally and verify their identity later.
  • Acceptable Digital Identification
    • Mobile ID
    • A secure, digital version of state-issued driver’s licenses or ID cards available through the West Virginia mID app on smartphones. This digital ID can be used at participating businesses, government agencies, and other organizations.
  • What requirements are needed to acquire acceptable ID’ and Acceptable Digital ID’s
    • West Virginia DMV – Licensing Requirements
    • Mobile ID
    • To acquire a West Virginia State ID Card or Driver’s License, applicants must provide the following:
      • Proof of Identity: U.S. Birth Certificate, U.S. Passport, or Certificate of Naturalization.
      • Proof of Social Security Number: Social Security card, W-2 form, or pay stub with SSN.
      • Proof of West Virginia Residency: Utility bill, lease agreement, or bank statement with the applicant’s name and address.
      • Proof of Legal Presence (for non-citizens): Permanent Resident Card, Employment Authorization Document (EAD), or valid visa with supporting documentation.
    • To obtain the West Virginia Mobile ID, individuals must first possess a valid physical West Virginia Driver’s License or Identification Card. The digital ID can then be added through the West Virginia mID app on compatible smartphones.
  • What types of identification are accepted for non-citizen or foreign nationals in this state?
    • West Virginia DMV – Non-Citizen Identification Requirements
    • REAL ID Act of 2005
    • Non-citizens and foreign nationals in West Virginia can use the following forms of identification, depending on the context:
      • Foreign Passport: Accepted in certain situations, such as verifying identity for employment or during interactions with law enforcement.
      • Permanent Resident Card (Green Card).
      • Employment Authorization Document (EAD) issued by USCIS.
      • Visa with Supporting Documentation: For example, a valid student visa (F-1) or work visa (H-1B).
    • Non-citizens can also apply for a West Virginia State ID Card or Driver’s License if they can provide proof of legal presence in the United States.
  • Can undocumented individuals obtain a state ID or Drivers license in this state?
    • West Virginia DMV – Licensing Requirements
    • No, undocumented individuals cannot obtain a state ID or driver’s license in West Virginia. The state requires applicants to provide proof of lawful presence in the United States, such as a Permanent Resident Card, Employment Authorization Document (EAD), or valid visa.
  • What privacy protections are in place for Digital Id’s in this state?
    • Driver’s Privacy Protection Act (DPPA)
    • Mobile ID
    • MID FAQ
    • The West Virginia Mobile ID (mID) app is designed with security and privacy in mind:
      • Information Security: The mID app verifies the information on the document uploaded and checks the user’s selfie against the photo and information on file with the DMV. Only the user’s Face ID, Touch ID, or 6-digit PIN can unlock the app to access the mID. If the smartphone is lost or stolen, no one else can access the mID.
      • Data Collection and Tracking: The mID is stored on the user’s smartphone in the mID app. Usage information, including where, when, and what personal information is shared, is encrypted and stored only on the device. The mID does not use geolocation tagging, and the DMV cannot see when or where the mID is presented.
  • Can Digital IDs be legally used for law enforcement verification?
    • West Virginia DMV
    • Mobile ID
    • MID FAQ
    • MID Wallet
    • The West Virginia Mobile ID is recognized by the West Virginia DMV and can be used as a valid form of identification at participating businesses, government agencies, and other organizations.
    • As this is a new technology, it should be treated as a companion to your physical driver’s license or ID card. It is not a replacement for the physical card, and you must continue to carry your physical driver’s license or ID card with you.

Alcohol

  • Age permitted to Access Alcohol Retailers and Venues (How old do you have to be to enter a bar? Include Federal Law and State Law)
    • West Virginia Code § 60-3A-24
    • National Minimum Drinking Age Act of 1984
    • Federal Law:
      • The federal National Minimum Drinking Age Act of 1984 mandates that individuals under the age of 21 cannot purchase or publicly possess alcohol. It does not regulate access to venues.
    • West Virginia State Law:
      • Individuals must be 21 years old to enter a bar or other venue primarily serving alcohol unless accompanied by a parent or legal guardian, or the venue serves food and allows minors in designated areas.
      • Minors are prohibited from accessing areas where the primary purpose is the sale or consumption of alcohol.
  • Age permitted to consume Alcohol
  • Age permitted to serve Alcohol
  • Age permitted to purchase Alcohol
  • What is the consumable limit (if any)
    • West Virginia does not specify a legal consumable limit for alcohol. Individuals must comply with the legal BAC (Blood Alcohol Content) limit when operating a motor vehicle.
  • What is the purchase limit (if any)
  • What is the legal BAC (Blood Alcohol Content) limit in this state?
    • West Virginia Code § 17C-5-2
    • The legal BAC limit in West Virginia is:
      • 0.08% for drivers aged 21 and older.
      • 0.04% for commercial drivers.
      • 0.02% for drivers under the age of 21 (zero tolerance law).
    • Driving with a BAC above these limits is considered Driving Under the Influence (DUI) and is subject to severe penalties.
  • Are there any exceptions for minors consuming alcohol (e.g., religious ceremonies, parental supervision)?
    • West Virginia Code § 60-3A-24
    • Religious Ceremonies: Minors may consume alcohol as part of a religious ceremony, such as communion.
    • Parental Supervision: West Virginia law does not provide an exception for minors consuming alcohol under parental supervision in private settings.
  • What are the penalties for providing alcohol to minors at a private residence?
    • West Virginia Code § 60-3A-24
    • West Virginia Code § 61-8-19
    • Providing alcohol to minors in West Virginia is a misdemeanor offense and carries the following penalties:
      • Fines: Up to $500 for a first offense.
      • Imprisonment: Up to 30 days in jail.
      • Subsequent Offenses: Higher fines and longer jail terms may apply.
      • If the provision of alcohol to a minor results in harm or death, more severe criminal charges, such as contributing to the delinquency of a minor or negligence, may apply.

Tobacco

  • Age permitted to access Tobacco Retailers and Venues (How old do you have to be to enter a cigar shop, smoke shop, or smoking lounge? Include Federal Law and State Law)
    • FDA Tobacco
    • West Virginia Code § 16-9A-2
    • Federal Law:
      • Under the Family Smoking Prevention and Tobacco Control Act, as amended by the federal Tobacco 21 Law in 2019, individuals must be 21 years old to purchase tobacco products in the United States. 
      • This law also prohibits individuals under 21 from entering certain tobacco-related venues, such as cigar shops or smoke shops, unless accompanied by an adult.
    • West Virginia State Law:
      • West Virginia has aligned its state law with federal law. Individuals must be 21 years old to enter tobacco retailers, including cigar shops, smoke shops, or smoking lounges, unless accompanied by a parent or legal guardian.
  • Age permitted to use Tobacco
    • West Virginia Code § 16-9A-2
    • FDA Tobacco 
    • There is no specific law in West Virginia prohibiting individuals under 21 from using tobacco products. Federal law prohibits the sale and possession of tobacco products to individuals under 21, effectively making it illegal for minors to use tobacco in most circumstances.
  • Age permitted to sell Tobacco
    • West Virginia Code § 16-9A-2
    • In West Virginia, individuals must be at least 18 years old to sell tobacco products. Employees under 21 may sell tobacco if they are working in a retail establishment where tobacco products are sold, but they cannot personally purchase or use the products.
  • Age permitted to purchase Tobacco
    • FDA Tobacco
    • West Virginia Code § 16-9A-2
    • Federal Law: Individuals must be 21 years old to purchase tobacco products under the federal Tobacco 21 Law.
    • West Virginia State Law: West Virginia has adopted the federal standard, requiring individuals to be 21 years old to purchase tobacco products.
  • What is the consumable limit (if any)
    • There is no specific consumable limit on tobacco use in West Virginia.
    • Public smoking and vaping are subject to local regulations, and smoking is prohibited in certain public places and workplaces under clean air laws.
  • What is the purchase limit (if any)
    • FDA Tobacco
    • West Virginia Code § 16-9A-2
    • West Virginia does not impose a statewide purchase limit for tobacco products. Retailers may impose their own restrictions, and federal law prohibits the sale of tobacco products to individuals under 21.
  • Are vaping products regulated differently from traditional tobacco in this state?
    • West Virginia Code § 11-17-4
    • Yes, vaping products are regulated similarly to traditional tobacco products in West Virginia, but there are some differences:
      • Age Restrictions: The same age restrictions apply (21 years old to purchase or possess).
      • Taxation: West Virginia imposes a tax on e-cigarettes and vaping liquids, which differs from the taxation of traditional tobacco products.
      • Public Use Restrictions: Local ordinances may regulate the use of vaping products differently from traditional tobacco. For example, some areas prohibit vaping in public spaces where smoking is also prohibited.
  • Are flavored vapes or disposable e-cigarettes banned?
    • FDA
    • FDA Guidance on Flavored Vaping Products
    • West Virginia Code § 16-9A-2
    • Federal Law (FDA):
      • The FDA prohibits the sale of closed-system devices (pods and cartridges) containing flavored e-liquids other than tobacco or menthol. This means popular flavors like fruit or candy are banned in these systems.
      • Disposable e-cigarettes and open-system devices (refillable tanks) are not subject to this restriction and can still be sold in flavored varieties.
    • West Virginia State Law:
      • West Virginia does not impose additional restrictions on flavored vaping products beyond federal regulations. Flavored disposable e-cigarettes and refillable vaping products remain legal for sale in the state.

Cannabis

  • Age permitted to access Cannabis Retailers and Venues (How old do you have to be to enter a dispensary or smoke shop? Include Federal Law and State Law)
    • West Virginia Medical Cannabis Act § 16A-4-1
    • Controlled Substances Act
    • Federal Law:
      • Cannabis remains illegal under federal law as a Schedule I controlled substance under the Controlled Substances Act (CSA). Federal law prohibits the operation of cannabis dispensaries and the possession or use of cannabis. However, states like West Virginia have enacted medical cannabis laws that operate independently of federal law.
    • West Virginia State Law:
      • Under the West Virginia Medical Cannabis Act (2017), individuals must be at least 18 years old to access licensed medical cannabis dispensaries.
      • Recreational cannabis is not legal in West Virginia, so there are no provisions for recreational dispensaries or smoke shops.
  • Age permitted to use Cannabis
    • West Virginia Medical Cannabis Act § 16A-4-1
    • Only individuals who are 18 years old or older and possess a valid medical cannabis card issued under the West Virginia Medical Cannabis Act may legally use cannabis. Recreational use is not permitted in West Virginia, regardless of age.
  • Age permitted to sell Cannabis
    • West Virginia Medical Cannabis Act § 16A-6-1
    • Individuals must be at least 21 years old to work in or operate a licensed medical cannabis dispensary. Employees and owners must comply with all state licensing requirements under the West Virginia Medical Cannabis Act.
  • Age permitted to purchase Cannabis
    • West Virginia Medical Cannabis Act § 16A-4-1
    • Only individuals who are 18 years old or older with a valid medical cannabis card may purchase cannabis from a licensed dispensary. Recreational cannabis purchases are not legal in the state.
  • What is the consumable limit (if any)
    • West Virginia Medical Cannabis Act § 16A-7-4
    • Medical cannabis patients are limited to a 30-day supply of cannabis as determined by their physician. The exact quantity depends on the patient’s medical needs and the certification provided by a licensed physician.
    • Smoking cannabis is prohibited under West Virginia law, so only certain forms of cannabis (pills, oils, topicals, tinctures, and vaporizable forms) are permitted for consumption.
  • What is the purchase limit (if any)
    • West Virginia Medical Cannabis Act § 16A-7-4
    • Medical cannabis patients can purchase up to a 30-day supply of cannabis products at a time. The exact amount is determined by the patient’s physician and is subject to state regulations.
    • Recreational cannabis purchases are not legal in West Virginia.
  • Can minors obtain medical cannabis with a prescription?
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Adult Media

  • Age permitted to access Adult Content ONLINE
    • COPPA (15 U.S.C. § 6501)
    • West Virginia Code § 2-3-1
    • Federal Law:
      • There is no federal law that explicitly sets an age for accessing adult content online.
      • Under the Children’s Online Privacy Protection Act (COPPA) and other federal regulations, websites hosting adult content must take steps to prevent minors from accessing such material. In practice, the industry standard is to restrict access to individuals who are 18 years old or older.
    • West Virginia State Law:
      • West Virginia does not have a specific statute addressing the age for accessing adult content online.
      • The age of majority in West Virginia is 18 years old, and this is generally considered the minimum age to access adult content online.
  • Age permitted to access Adult Retailers and Venues (Sex shops, Strip Clubs, burlesque)
    • West Virginia Code § 61-8A-2
    • Individuals must be at least 18 years old to enter adult retail stores (sex shops) or purchase adult material.
    • For venues serving alcohol, such as strip clubs, individuals must be 21 years old to enter unless the establishment does not serve alcohol, in which case the minimum age is 18 years old.
    • Burlesque shows are typically considered adult entertainment, and access is restricted to individuals 18 years old or older, depending on the nature of the performance and whether alcohol is served.
  • Are websites required to verify age for accessing adult content?
    • Title 18 US Code 2557
    • West Virginia Code § 61-8A-2
    • Federal Law:
      • Federal law does not explicitly mandate age verification for accessing adult content online.
      • Under Title 18 U.S. Code § 2257, producers of adult content must verify the age of performers and maintain records to ensure no minors are involved in the creation of such material. This indirectly encourages websites to implement age verification mechanisms to prevent minors from accessing adult content.
    • West Virginia State Law:
      • West Virginia does not have specific laws requiring websites to verify age for accessing adult content.
      • Websites that fail to prevent minors from accessing adult content may face liability under federal obscenity laws.
  • What penalties exist for providing minors access to adult material online?
    • Title 18 U.S.C. § 1470
    • West Virginia Code § 61-8A-4
    • Federal Law: Under Title 18 U.S. Code § 1470, it is illegal to knowingly transfer or distribute obscene materials to minors. Violations can result in:
      • Fines: Up to $250,000.
      • Imprisonment: Up to 10 years.
    • West Virginia State Law: West Virginia enforces laws prohibiting the distribution of obscene material to minors. Violators may face:
      • Fines: Up to $500 for a first offense.
      • Imprisonment: Up to 6 months for a first offense.
      • Repeat offenses may carry higher penalties, including longer jail terms and higher fines.
  • What is the minimum age to work in the adult entertainment industry?
    • Title 18 US Code 2557
    • West Virginia Code § 61-8A-2
    • Federal Law: Under Title 18 U.S. Code § 2257, individuals must be at least 18 years old to work in the adult entertainment industry, including acting in or producing sexually explicit content. Age verification records must be maintained by producers to ensure compliance.
    • West Virginia State Law: West Virginia adheres to the federal standard, requiring individuals to be 18 years old or older to work in the adult entertainment industry. This applies to both performers and employees in adult venues like strip clubs.
  • Are there restrictions on employment terms for adult content creators?
    • Title 18 US Code 2557
    • West Virginia Code § 61-8A-2
    • Federal Law: Yes, under Title 18 U.S. Code § 2257, producers of sexually explicit content must comply with strict requirements, including:
      • Age Verification: Producers must verify that all performers are at least 18 years old by maintaining government-issued identification records.
      • Record-Keeping: Producers must maintain detailed records of performers’ ages and make these records available for inspection by federal authorities.
      • Labeling Requirements: All adult content must include a statement indicating where the age verification records are maintained.
    • West Virginia State Law: West Virginia does not impose additional restrictions beyond federal law for adult content creators. General employment laws and workplace safety regulations still apply.

Voting

  • Age permitted to register to vote in the state
    • National Voter Registration Act of 1993
    • West Virginia Code § 3-2-2(a)
    • Federal Law:
       Under the National Voter Registration Act of 1993 (NVRA), individuals are allowed to register to vote if they meet the age requirements for voting. Individuals can register to vote if they will be at least 18 years old by the date of the next general election.
    • West Virginia State Law:
       In West Virginia, individuals can pre-register to vote at the age of 17, provided they will turn 18 years old on or before the date of the next general election. This allows 17-year-olds to participate in the primary election if they will be 18 by the general election.
  • Age permitted to vote in the state
    • West Virginia Code § 3-1-3
    • Individuals must be at least 18 years old on or before the date of the election to vote in West Virginia. This applies to all elections, including general, primary, and special elections.
  • What Identification requirements are needed to vote on a regular ballot
    • West Virginia Code § 3-1-34
    • West Virginia requires voters to present an acceptable form of identification to vote on a regular ballot. Acceptable forms of ID include:
      • A valid government-issued photo ID, such as:
        • West Virginia driver’s license or ID card
        • U.S. passport
        • Military ID
        • Student ID from a West Virginia college or university
        • Non-photo IDs are also acceptable if they include the voter’s name, such as:
        • Voter registration card
        • Utility bill
        • Bank statement
        • Paycheck or government check
      • Other government documents with the voter’s name and address
         Voters who do not have an ID may still vote if they sign an affidavit confirming their identity and are verified by an election official.
  • What Identification requirements are needed to vote on a Provisional ballot
    • West Virginia Code § 3-1-41
    • If a voter does not provide an acceptable form of identification at the polling place, they may vote using a provisional ballot. The voter must then provide an acceptable form of ID to the county clerk’s office by the canvass deadline (typically the Monday after the election).
    • Provisional ballots are also used if there are questions about a voter’s eligibility, such as:
      • The voter’s name is not on the voter registration list.
      • The voter is at the wrong polling place.
        The provisional ballot will only be counted if the voter’s eligibility is confirmed by the county election officials.
  • Voter Restrictions/ Requirements in place federally and within the state.
    • Voting Rights Act of 1965
    • National Voter Registration Act of 1993
    • Help America Vote (HAVA)
    • West Virginia Code § 3-1-3
    • Federal Law: Under federal law, voter restrictions are limited to ensure equal access to voting. Key federal laws include:
      • Help America Vote Act of 2002 (HAVA): Sets minimum standards for states in election administration, including voter identification for first-time voters who register by mail.
    • West Virginia State Law:
      West Virginia imposes the following voter requirements and restrictions:

      • Felony Convictions: Individuals convicted of a felony lose their right to vote while incarcerated. Voting rights are automatically restored upon release, but individuals must re-register to vote.
      • Residency Requirements: Voters must be residents of the precinct where they are voting.
      • Voter Registration Deadline: Voters must register 21 days before the election to be eligible to vote.
      • Voter ID Requirements: As noted above, voters must present an acceptable form of identification at the polls.

Legal

  • Laws on Presenting Identification to Law Enforcement
    • Under what circumstances is a person required to show ID to police?
      • Terry v. Ohio, 392 US
      • West Virginia Code § 17C-3-1
      • Federal Law:
         Under Terry v. Ohio, 392 U.S. 1 (1968), an officer may stop and briefly detain a person if they have reasonable suspicion that the person is involved in criminal activity. During such a stop, the officer may ask for identification, but whether the individual is legally required to provide it depends on state law.
      • West Virginia State Law:
         West Virginia does not have a general “stop and identify” law. This means that individuals are not required to show identification during a police encounter unless:

        • They are operating a motor vehicle.
        • They are being lawfully arrested or detained under reasonable suspicion of a crime.
           In other circumstances, individuals may refuse to provide identification without violating the law.
    • Can you be detained or arrested for refusing to show ID?
      • Terry v. Ohio, 392 US
      • West Virginia Code § 17C-3-1
      • In West Virginia, you generally cannot be arrested or detained solely for refusing to show ID unless:
        • You are lawfully detained based on reasonable suspicion of a crime and the officer has a legal basis for requesting your name.
        • You are operating a motor vehicle and refuse to provide a driver’s license during a lawful traffic stop.
        • Refusing to identify yourself during a lawful detention may result in further investigation or arrest if the officer believes you are obstructing their investigation.
  • “Stop and Identify” Laws in this state
    • What is this state’s specific laws regarding police stops and ID requirements?
      • West Virginia Code § 17C-3-1
      • West Virginia is not a “stop and identify” state. Individuals are not required to provide their name or ID during a police encounter unless they are:
        • Operating a motor vehicle.
        • Lawfully detained or arrested based on reasonable suspicion or probable cause.
           Outside of these situations, refusing to identify yourself is not a crime.
      • Do you have the right to remain silent or refuse to provide ID in certain situations?
        • Fifth Amendment – US Constitution
        • West Virginia Code § 17C-3-1
        • Federal Law:Under the Fifth Amendment of the U.S. Constitution, individuals have the right to remain silent to avoid self-incrimination. You can refuse to answer police questions (other than providing ID during a traffic stop or lawful detention).
        • West Virginia State Law:In West Virginia, you generally have the right to remain silent and refuse to provide ID unless:
          • You are operating a motor vehicle.
          • You are lawfully detained or arrested based on reasonable suspicion or probable cause.
  • Public Place ID Requirements
    • Are there any public areas where a person must carry ID?
      • West Virginia Code § 17C-3-1
      • There are no laws in West Virginia that require individuals to carry ID in public places unless they are engaged in activities that specifically require identification, such as driving.
    • Are there curfew or loitering laws requiring ID verification?
      • Local Municipal Codes Varies
      • Some municipalities in West Virginia may impose curfew laws for minors.
        • For example, minors may be required to prove their age if stopped past curfew hours.
      • While there is no statewide curfew law, local ordinances may require minors to carry ID or provide proof of age.
  • Traffic Stops and ID Requirements
    • Are you required to provide an ID when pulled over by law enforcement?
      • West Virginia Code § 17C-3-1
      • Drivers are legally required to provide their driver’s license, vehicle registration, and proof of insurance during a lawful traffic stop. Refusing to provide this information can result in additional charges, such as failure to exhibit a driver’s license or obstruction of justice.
    • What are the consequences of refusing to show ID during a traffic stop?
      • West Virginia Code § 17C-3-1
      • Refusing to provide ID during a traffic stop in West Virginia can result in:
        • Fines for failure to provide a driver’s license.
        • Arrest for obstruction of justice if the refusal interferes with the officer’s ability to enforce the law.
  • Passenger ID Requirements in Vehicles
    • Do passengers need to show ID if a vehicle is stopped by law enforcement?
      • Terry v. Ohio, 392 US
      • Passengers are generally not required to provide ID during a traffic stop unless:
        • The officer has reasonable suspicion that the passenger is involved in criminal activity.
        • The passenger is being detained or arrested.
    • Can passengers legally refuse to provide ID?
      • Terry v. Ohio, 392 US
      • Yes, passengers can legally refuse to provide ID unless the officer has reasonable suspicion or probable cause to believe the passenger is involved in a crime.
  • Curfew Laws for Minors
    • Are minors required to carry ID to prove their age if stopped past curfew?
      • There is no statewide curfew law in West Virginia. Local municipalities may have curfew ordinances for minors. Minors may be required to carry ID or provide proof of age if stopped past curfew hours.
    • What are the penalties for violating curfew laws?
      • Penalties for violating curfew laws (if applicable in a municipality) may include:
        • A warning for a first offense.
        • Fines for repeat offenses.
        • Parents or guardians may also face penalties for failing to supervise minors.
  • Trespassing and ID Requirements
    • Can police demand ID if someone is suspected of trespassing?
      • West Virginia Code § 61-3B-1
      • If someone is suspected of trespassing, police can demand identification as part of their investigation. Refusing to provide ID in such situations could lead to arrest for obstruction of justice or further suspicion of criminal activity.
    • What are the consequences of refusing to provide identification in such situations?
      • West Virginia Code § 61-3B-1
      • Refusing to provide ID when lawfully detained for trespassing may result in:
        • Arrest for obstruction of justice.
        • Additional charges related to the trespassing offense.