Two marijuana-related bills were filed today in the West Virginia Legislature, one in the House of Delegates and one in the Senate, each addressing a different aspect of how state law treats marijuana use and its legal consequences.
In the House, House Bill 4150 was introduced by Chuck Horst (R) and referred to the House Judiciary Committee. The bill would explicitly protect the firearm rights of individuals who legally use medical marijuana under West Virginia law.
Under the proposal, registered medical marijuana patients and caregivers would not be considered prohibited persons for firearm ownership or possession solely because they legally use or possess marijuana through the state’s medical program. The bill amends state weapons law to clarify that lawful participation in the medical marijuana program, by itself, cannot be used as grounds to deny or revoke firearm rights.
Separately, in the Senate, Senate Bill 100 was filed by Mike Woelfel (D) and referred to the Health and Human Resources Committee. That bill would change how West Virginia penalizes low-level marijuana possession.
Senate Bill 100 would amend state controlled substance law to reclassify simple possession of less than 15 grams of marijuana from a misdemeanor crime to a civil violation. Under the proposal, individuals found in possession of amounts below that threshold would no longer face criminal charges, jail time, or a criminal record for simple possession.
The bill leaves existing criminal penalties in place for possession of larger quantities of marijuana, as well as offenses involving manufacturing, distribution, or possession with intent to deliver. It also preserves current criminal penalties for other controlled substances, including synthetic cannabinoids. The civil reclassification would apply only to marijuana possession under 15 grams and only when no aggravating factors are present.
House Bill 4150 will be considered by the House Judiciary Committee, while Senate Bill 100 will move first through the Health and Human Resources Committee as the 2026 regular session continues.
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