Today, nine West Virginia lawmakers introduced House Bill 2887, which would legalize recreational cannabis.
The bill, led by Delegate Evan Hansen, has been assigned to the House Judiciary Committee for further deliberation. Cosponsors include Delegates Hollis Lewis (D), John Williams (D), Rick Garcia (D), Sean Hornbuckle (D), Kayla Young (D), Mike Pushkin (D), Shawn Fluharty (D), and Anitra Hamilton (D).
The proposed law would allow those 21 and older possess up to one ounce of cannabis and authorizes the production, sale, transfer, and transport of cannabis within counties that approve such measures through local referendums. The West Virginia Bureau for Public Health would oversee the permitting and licensing of cannabis-related businesses, while the Department of Revenue would manage taxation.
A special excise tax on cannabis sales is proposed, with proceeds allocated to a newly created fund benefiting county and municipal governments.
The bill maintains existing laws regarding employment, vehicle operation, underage use, and private property regulations, and does not alter the current West Virginia Medical Cannabis Act.
Under current West Virginia law, possession of any amount of marijuana is considered a misdemeanor, carrying penalties of 90 days to six months in jail and fines up to $1,000. First-time offenders found with less than 15 grams may receive conditional discharge, avoiding a conviction if they meet certain probationary conditions.
Earlier this month, State Senator Mike Woelfel (D) introduced Senate Bill 219, proposing the decriminalization of possessing up to 15 grams of marijuana. While this bill seeks to remove criminal penalties for small amounts, it does not address the legalization of marijuana sales.
