A bill introduced in the West Virginia Senate would legalize the personal use and possession of marijuana for adults while allowing each county to decide whether commercial sales and manufacturing are allowed within its borders.

Senate Bill 634, filed by State Senator Joey Garcia (D) and introduced January 27, would make marijuana legal for those 21 and older under state law. The proposal creates a framework for regulated cultivation, processing, and retail sales, but only in counties where voters approve it through a local option election.

Under the measure, marijuana would be removed from the state’s list of controlled substances for adults, and possession and use by those 21+ would no longer be a criminal offense. At the same time, the bill preserves the ability of employers and property owners to restrict or prohibit marijuana use on their premises.

The Bureau for Public Health would be responsible for overseeing the regulatory structure, including licensing for cultivation facilities, processing facilities, testing labs, and retail stores. The bill outlines standards for packaging, labeling, and product safety, along with rules governing how marijuana and marijuana products could be manufactured and sold.

A key feature of the legislation is its county-by-county approach. Counties would be required to hold a public vote before marijuana businesses could operate locally. If voters reject the measure, commercial activity would remain prohibited in that county, even though personal possession and use by adults would still be legal statewide.

The bill also establishes excise and local sales taxes on marijuana transactions. Revenue generated from these taxes would be directed into specific state funds, with allocations outlined for public health and other designated purposes.

Importantly, the proposal specifies that the legalization of adult-use marijuana would not impact the state’s existing medical marijuana program. Medical marijuana patients, caregivers, and licensed entities would continue to operate under current law.

If approved, SB 634 would make West Virginia the 25th state to legalize recreational cannabis.