Legalization Bill Introduced!
West Virginia is falling behind on cannabis policy, remaining one of 19 states that have yet to decriminalize cannabis possession. Meanwhile, neighboring states like Maryland, Ohio, and Virginia have already legalized cannabis for adult use.
The General Assembly has begun its 2024 legislative session, and lawmakers have introduced HB 4873, a bill aimed at legalizing, taxing, and regulating adult-use cannabis. This could be a major step forward for the Mountain State, but public support is essential.
If you support legalization, now is the time to contact your lawmakers and urge them to take action.
Harsh Penalties and Disparities in Arrests
West Virginia has some of the strictest cannabis laws in the nation. A first offense for possession of any amount comes with a mandatory minimum of 90 days in jail, although those caught with 15 grams or less may receive probation.
The effects of these harsh penalties are disproportionate. According to the ACLU, Black West Virginians are 7.3 times more likely to be arrested for cannabis possession than their white counterparts. This racial disparity in enforcement highlights the urgent need for reform.
West Virginia’s Expanding Medical Cannabis Program
West Virginia’s medical cannabis program has grown significantly since the first dispensary opened in Morgantown on November 12, 2021. Today, over 40 dispensaries are operating across the state, and more than 21,000 residents have received medical cannabis cards.
For more details on the program, including dispensary locations and patient registration, visit Marijuana Dispensary.
Timeline of Medical Cannabis Legislation
West Virginia’s medical cannabis law was signed by Gov. Jim Justice on April 19, 2017. The bill, SB 386, passed overwhelmingly in both chambers, making West Virginia the 29th state to allow medical cannabis use.
The program officially began accepting patient applications on February 3, 2021, and shortly after, 100 dispensary permits were issued. However, patients initially had limited access, as the law prohibited the sale of whole-plant cannabis. This changed in 2020, when SB 339 amended the law to allow “dry leaf or plant form” cannabis.
Challenges and Banking Solutions
The rollout of West Virginia’s medical cannabis program faced delays due to banking concerns. Many financial institutions were reluctant to support cannabis-related businesses, fearing federal prosecution. This issue was worsened when U.S. Attorney Mike Stuart threatened legal action against businesses entering the cannabis space.
To address this, the state passed HB 2538 in 2019, allowing credit unions to bid for the state’s cannabis-related accounts. That same year, SB 1037 was enacted, permitting vertical integration of dispensaries and increasing their number to 100. These reforms helped stabilize the program.
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