State Senator Mike Woelfel (D) filed Senate Joint Resolution 5 today in the West Virginia Legislature, which would would place on the 2026 ballot a proposal to legalize recreational marijuana and establish a process to expunge past nonviolent cannabis charges, making both a constitutional right.
The resolution was introduced during the 2026 regular session and referred to the Senate Judiciary Committee. If approved there, it would advance to the Senate Finance Committee, and then the full Senate.
Unlike a standard bill, Senate Joint Resolution 5 proposes an amendment to the West Virginia Constitution. If ultimately approved by the Legislature, the measure would appear on the statewide ballot at the 2026 general election, giving voters the final say.
Under the proposal, adults 21 and older would be allowed to possess up to two ounces of marijuana for personal use. Individuals would also be permitted to grow up to four cannabis plants. The amendment would explicitly authorize the Legislature to regulate the manufacture and sale of marijuana, laying the groundwork for a future regulated market if lawmakers choose to enact implementing legislation.
The resolution also includes a retroactive component. Prior convictions for possession of two ounces or less of marijuana would be eligible for dismissal or expungement through a petition to the court that handled the original case. Supporters say this provision is designed to address the long-term consequences of low-level marijuana enforcement.
The proposed amendment would be added as a new section to Article IV of the state constitution, clearly distinguishing personal-use legalization from other criminal statutes that would remain in place. Existing prohibitions and penalties unrelated to simple possession would not be affected.
If approved by voters, the amendment would mark a significant shift in West Virginia’s marijuana policy, moving beyond the state’s existing medical marijuana program and transferring ultimate authority over adult-use regulation to lawmakers under a constitutional framework.
Senate Joint Resolution 5 was filed on the same day that lawmakers introduced two seperate cannabis reform bills in the Legislature. 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. In the Senate, Senate Bill 100 was filed by Mike Woelfel (D) and referred to the Health and Human Resources Committee. That bill would decriminalize the possession of up to 15 grams of cannabis.
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