Whether you are caught with marijuana, cocaine, heroin, LSD, or a prescription drug that isn’t lawfully yours, you will face a similar penalty. Under West Virginia law (§60A-4-401), possession of a controlled substance is a misdemeanor offense. If convicted, you could face 90 days to 6 months in jail with fines reaching up to $1,000. If this is your second or third offense, that penalty could be doubled. More Serious Drug Charges in W.Va.