Is marijuana legal in West Virginia? If this is what you are looking for, then look no further. We have brought forth a timeline and the answer to your question. From a detailed description of the bills to the timeline, we have got it all.
Legality & Cannabis: US Edition
Before we can start discussing ‘Is marijuana legal in West Virginia?” we have to see what the US Federal Government thinks about marijuana and its usage. This will enable you to create a proper base for the knowledge.
Back in 2022, the President of the United States or POTUS, Joe Biden, wiped the slate clean. President Biden released an official statement claiming that individuals who were charged with minor cannabis offenses would be pardoned. This was a landslide moment in American cannabis history. Prior to this moment, the USA mostly maintained an anti-cannabis attitude.
Following this statement, several states followed suit and started their own journey to legalize cannabis. This legalization came in two steps. First is legalizing medicinal usage, and the other is recreational usage.
Furthermore, cannabis activists have been trying to remove cannabis from the list of Controlled Substance Act (CSA) of the US government. As a result, several bills were introduced. Some of these include:
- Preparing Regulators Effectively For A Post-Prohibition Adult-Use Regulated Act Of 2023
- Cannabis Administration Opportunity Act
- Marijuana 1-To-3 Act Of 2023
- Secure And Fair Enforcement Banking Act Of 2023
- Marijuana Opportunity, Reinvestment, And Expungement Act
Is Marijuana Legal In West Virginia?
Now that you are clear about America’s attitude towards cannabis, it is time that you answer the question of the hour: is marijuana legal in West Virginia? And the answer is a partial yes. Partial why? Well, you need to read more to understand that aspect.
As of 2024, West Virginia allows its residents to use cannabis medically. This means people with medical authorization could only avail the benefits of cannabis legalization. According to sources, medical cannabis was first legalized by Governor of the state, Jim Justice. Jim Justice signed Senate Bill 386 in 2017. This opened the state to a newer horizon when it comes to cannabis. Therefore, a long chain of events was initiated.
The state has recently created a special department named the Office of Medical Cannabis, or OMC. This department is responsible for regulating all the medical marijuana that comes to the state. It even determines the condition under which a person can legally buy medical marijuana. One such point is that a patient can only buy a month’s worth of supply at one time.
West Virginia Marijuana Laws In 2024
West Virginia might seem one-dimensional regarding cannabis. It is far from the truth. Several bills were introduced in an effort to legalize cannabis usage and possession. Understanding these bills is crucial in understanding how and what medical marijuana stands for the people of West Virginia.
Senate Bill 32
Senate Bill 32, or SB 32, was first introduced on the 12th of January, 2022. This bill is currently alongside the Senate Health and Human Resource Committee of West Virginia. SB 32 seeks to revise and reenact Section 16A-3-2 and Section 16A-3-3.
According to these aforementioned sections, users can avail of edible medical marijuana in order to find help for their ailments. However, West Virginia does not allow edibles of any form. SB 32 aims to change that.
The bill also clearly mentions that these edibles cannot have the shape of candy. Or will not come in different flavors and colors. This is to stop these edibles from being enticing to children.
Senate Bill 85
Senate Bill 85 was first introduced in January 2022. This bill aims to change the cannabis possession laws of West Virginia. According to this bill, simple possession of cannabis cannot be seen as a misdemeanor crime, but as a civil disorder.
This will greatly affect the current laws on marijuana usage in West Virginia. Currently, this bill is awaiting judgment from the Senate Judiciary Committee.
Senate Bill 90
Senate Bill 90 was first Introduced on 12th of January, 2022, alongside SB 32. Similar to SB 32, SB 90 aims to change the overall penalty for possession. In other words, SB 90 is seeking to amend Section 60A-4-401 of West Virginia cannabis laws.
SB 90 is looking to lessen the penalty for marijuana possession violations. The proposed penalty for possession includes a $1,00 fine and no incarceration. This bill is also awaiting judgment at the hands of the Senate Judiciary Committee
House Bill 2060
House Bill 2060 shares a major point of similarity with the Senate Bill 90. The Bill is also looking for a way to revise and reenact Section 60A-4-401 of the West Virginia Code.
The bill also seeks to lower the criminal penalty for possessing marijuana paraphernalia. This bill is currently awaiting judgment at the hands of the House Health and Human Resources Committee.
House Bill 2517
House Bill 2517 came as a breath of fresh air for the office-going, cannabis-using population. The House bill aimed to revise and reenact Section 21-1D-2. As a result, it is pushing to remove cannabis from the list of tested substances.
In other words, cannabis metabolites would not be flagged down by any tests conducted in lieu of the West Virginia Alcohol and Drug-Free Workplace Act. Therefore exempting medical marijuana users from persecution.
This bill was first introduced in the House in 2022. The bill is currently awaiting approval. The bill is yet to receive a green light from the department.
House Bill 3205
Along with HB 2517, HB 3205 also seeks to change the way employers see cannabis users. This bill is slated to replace or reenact Section 16-A-15-4. This bill can change the social status of medical marijuana.
The bill also has the potential to shed some important light on how medical cannabis is perceived federally. When enacted, the bill would allow patients with certain conditions to use cannabis while working.
The bill is still pending approval at the hands of the House Workforce Development Committee. This is primarily because of the controversial nature of the bill. However, sources suggest that the bill certainly has the potential to replace Section 16-A-15-4.
Senate Bill 88
Senate Bill 88 was introduced in the Senate on January 2023. This bill allowed patients to procure their medical cannabis in the edible form. Due to its content, the bill is believed to be a mere extension of SB 32. This bill is currently awaiting approval from the Senate Health and Human Resources Committee.
House Bill 2756
House Bill 2756 seeks to change how cannabis is recorded in the state and federal databases, respectively. According to this bill, medical marijuana must be included in West Virginia’s controlled substance monitoring and storage database.
It will greatly change the way the substance is regulated and moves around the country. It will also affect the overall availability. Hence, it has become one of the most important cannabis bills of recent years.
Senate Bill 167
Senate Bill 167 is currently awaiting judgment at the hands of the Senate Judiciary Committee. According to this bill, adults over the age of 18 or 21 are cleared to possess and use cannabis at their own onus.
The bill also proposes to make marijuana a taxable substance. In other words, the government can collect taxes for moving, distributing, and selling marijuana. Even though this bill will make cannabis a more readily available substance, it will also shoot up the general price of the substance.
Senate Bill 320
The Senate Bill 320 was first introduced back in 2023. This bill’s primary aim was to authorize the Department of Health of West Virginia to regulate medical marijuana dispensaries. The bill places these dispensaries under the direct control of the state government in an attempt to regulate and monitor the workings of these dispensaries.
Senate Bill 521
Senate Bill 521 seeks to elaborate on the security part of dealing with cannabis and medical marijuana. This bill only allows licensed vendors to distribute and market cannabis products like tinctures, oils, edibles, etc.
This bill also elaborates on the checklists that cannabis vendors need to clear in order to continue their business. As a result, laying the groundwork for safe usage. The bill can also help curb marijuana abuse and sub-par synthetic cannabis usage.
House Bill 2091
The House Bill 2091 deals with the age requirement a cannabis user needs to pass in order to avail of the benefits of legal cannabis usage. According to the law, users with a legitimate license to use cannabis and those aged over 21 can consume cannabis legally in the state of West Virginia.
However, the bill also mentions the amount of cannabis a user can possess at one time. According to the bill, users can only possess an ounce of marijuana at one point in time. Exceeding that limit can result in penalties.
House Bill 2238
House Bill 2238’s primary focus was the cultivation part of the discussion. According to the rule, licensed growers can not plant more than 10 plants at a time. Exceeding this amount will only result in penalization and incarceration. However, this bill is awaiting approval from the House Agriculture and Natural Resources Committee. This will change cannabis cultivation in the USA.
House Bill 2255
House Bill 2255 focuses on the testing side of cannabis. Several new companies are popping up because of the growing fascination with cannabis products. As a result, these companies are opening up facilities to study this unique plant. HB 2255 proposes that cannabis product manufacturers cannot have more than two research facilities. While some users claim that this will help in regulating the substance, others believe that this can prove detrimental to the industry as a whole.
House Bill 2267
House Bill 2267 was first introduced in the House on January 11th, 2023. Like SB 32 of West Virginia, this bill also seeks to legalize medical cannabis usage via smoking. The introduction of this bill will change how the general population and governmental institutions will perceive the substance.
This bill seeks to revise and reenact the Section 16A-3-2. Therefore, it mentions several points, like proper cannabis usage and the caregiving laws. According to this bill, caregivers can also possess medical cannabis. Howevevr, they need to have a specific license.
House Bill 2318
The final bill on our list is the House Bill 2318. According to House Bill 2318, physicians can prescribe medical marijuana to patients. Howevevr, a doctor cannot prescribe you marijuana on the fly. In fact, he or she needs to follow a checklist. Therefore, the ill greatly helps in regulating cannabis to a great extent.
Brief Rundown Of Cannabis Legalization Timeline
Cannabis legalization in the state of West Virginia was a landslide moment in history. Therefore, understanding the overall timeline can greatly help you understand the overall landscape and answer the question, “Is marijuana legal in West Virginia?”
2017: SB 136 was passed in the year 2017. This legalized medical marijuana in the state of West Virginia.
2018: The West Virginia Medical Cannabis Act came into effect. This helped in the widespread legalization of cannabis.
2019: this year saw the passing of HB 2583. This allowed banks to fund government-approved cannabis operations.
2023: House Bill 2091 and Senate Bill 167 were introduced. Both these bills were introduced in the House and Senate, respectively. Both of these bills are pushing to legalize recreational usage of marijuana.
Wrapping Up: Is Marijuana Legal In West Virginia
So, the answer to the question, “is marijuana legal in West Virginia?” is a partial yes. Even though West Virginia has accepted medical marijuana with open arms, it is yet to legalize recreational usage. Keep following our page for more cannabis-related content and stories.
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