House Democrats Say Cannabis Reform Would Bring Economic Gains

Democrats in the West Virginia House of Delegates are advocating for reforms to the state’s cannabis policies.

West Virginia’s Democratic lawmakers represent a minority of the West Virginia Legislature, and say stonewalling from some Republicans can make it hard to pass bipartisan legislation. But this year, they hope cannabis policy reform is something both parties can agree on.

Democrats from the West Virginia House of Delegates and West Virginia Senate gathered at the State Capitol Monday afternoon for a joint press conference on this year’s legislative session thus far. Monday was the twentieth day of the 60-day session, marking it one-third of the way complete.

House Democrats brought attention to two policies that would reform the state’s policies surrounding cannabis use: House Joint Resolution 27 and House Bill 2887.

House Joint Resolution 27: A Constitutional Right

Under House Joint Resolution 27, a new measure would appear on West Virginia voters’ ballots during the 2026 general election: whether to modify the West Virginia Constitution to legalize the possession of two ounces of marijuana or fewer per person, and to expunge past marijuana possession convictions in the state.

“The possession of cannabis for purposes of consumption by adults 21 years of age or older shall be lawful in quantities of no more than two ounces, or four individual plants per person,” the constitutional amendment would read. “The legislature may enact laws relating to lawful sales and manufacturing of cannabis in this state. Any prior conviction for possession of two ounces or less of cannabis is subject to dismissal or expungement by petition to the circuit court in the county where the conviction occurred.”

The bill’s lead sponsor is House Minority Leader Del. Sean Hornbuckle, D-Cabell. It is cosponsored by four other Democratic delegates: Del. Hollis Lewis, D-Kanawha; Del. Mike Pushkin, D-Kanawha; Del. Evan Hansen, D-Monongalia; and Del. Rick Garcia, D-Marion.

During Monday’s press conference, Lewis advocated for the passage of the bill. He said that it aligns with Gov. Patrick Morrisey’s “backyard brawl” economic development plan, which aims to make West Virginia more enticing to new residents and businesses than neighboring states.

Lewis said that Morrisey has talked about “not starting programs” funded by the state “unless we have new revenue,” and pointed to marijuana legalization as a possible solution.

“When we look at being competitive in that backyard brawl, we have states like Virginia, Maryland, D.C. and Ohio all have recreational use cannabis, and I think Pennsylvania has a bill coming out to legalize recreational cannabis,” he said. “The longer we wait to do this, the less competitive we are, the more money we lose.”

The bill was referred to the House Judiciary Committee on Feb. 25 and is waiting on committee review.

Del. Hollis Lewis, D-Kanawha, reviews a bill on the House floor on Feb. 26.

Photo Credit: Perry Bennett/WV Legislative Photo
Del. Evan Hansen, D-Monongalia, speaks at a Feb. 24 committee meeting.

Photo Credit: Perry Bennett/WV Legislative Photo

House Bill 2887: Letting Counties Decide

House Bill 2887 would allow county commissions in West Virginia to determine “whether the manufacture and sale [of cannabis] to persons 21 years of age or older is allowed in the county,” the bill reads — placing the decision in the hands of local governments.

Hansen is lead sponsor on the bill, but it is cosponsored by every Democratic member of the House.

The bill also sets standards for cannabis sale regulation, as well as taxes on cannabis sale and distribution. Under the bill, county governments would be entitled to retain 50 percent of the local sales tax for marijuana sales within their jurisdiction.

Other funds generated from the marijuana industry would go toward areas like the Public Employees Insurance Agency Stability Fund, which helps stabilize finances for West Virginia’s state employee insurance program.

At a separate press conference held by House Democrats on Feb. 24, Hansen described the bill as a statewide opportunity for “increasing revenue.”

“There’s some level of local control, but what’s important about that is that that would create a new revenue stream that could be in the tens to hundreds of millions of dollars,” he said.

“It would be a great revenue to generate in West Virginia, and go nicely with our tourism market here,” Lewis said regarding House Bill 2887 during Monday’s press conference.

The bill was referred to the House Judiciary Committee on Feb. 24, and still awaits committee review.

State Lawmakers Discuss Recreational Marijuana, Bathroom Restrictions In Schools And DNA Freedoms

On this episode of The Legislature Today, our guests discuss the current conversation over recreational marijuana in West Virginia. Also, lawmakers in the House of Delegates debated whether the first amendment protects your DNA, and a House committee spent the better part of two hours discussing a bill that would restrict bathroom use in schools based on sex, and another that would help arm teachers.

On this episode of The Legislature Today, lawmakers in the House considered increasing oversight of three new health agencies that were formerly one. They also debated whether the first amendment protects your DNA. Randy Yohe has this story.

In the Senate, lawmakers passed a bill that would allow dental hygienists to provide tobacco cessation education. Lawmakers said this marks an initial step in boosting awareness on the dangers of vaping and e-cigarettes. Senate Bill 357 now awaits a vote from the House of Delegates.

Also, the House Committee on Education spent the better part of a two-hour meeting Wednesday discussing two bills. One would restrict bathroom use in schools based on sex, and another would help arm teachers. Chris Schulz has more.

The I-73 highway corridor is currently under construction in southern West Virginia. Meanwhile, state legislators are looking to translate the project into an economic opportunity. Jack Walker has more.

And, it was Veterans Visibility Day at the Capitol as lawmakers are considering several bills focused on veterans, active military and their families. Randy Yohe has more.

Finally, Emily Rice sat down with Rusty Williams, a patient advocate on the West Virginia Medical Cannabis Advisory Board, and Del. Mike Pushkin, D-Kanawha, to discuss the future of marijuana in West Virginia.

Having trouble viewing the video below? Click here to watch it on YouTube.

The Legislature Today is West Virginia’s only television/radio simulcast devoted to covering the state’s 60-day regular legislative session.

Watch or listen to new episodes Monday through Friday at 6 p.m. on West Virginia Public Broadcasting.

W.Va. Medical Marijuana Program Opens To Physician Registration

Starting Thursday, May 28, West Virginia will be one step closer to administering medical marijuana to qualifying residents.

For the first time, West Virginia physicians will be permitted to begin the registration process to treat patients within the state who require medical marijuana.

This comes three years after the Medical Cannabis Act was signed into state law, creating the Office of Medical Cannabis. During a two-month period that ended earlier this year, 285 medical marijuana dispensaries, growers, processors and laboratories submitted permits to the state.  

The physician registration process will be exclusively online, according to a Department of Health and Human Resources press release. It will also include a mandatory four-hour education course.

According to the DHHR, the physician registration process does not mean that qualifying West Virginia patients will be able to obtain medical marijuana immediately. But DHHR Secretary Bill Crouch said he estimates the state’s medical cannabis program will be fully operational by Spring 2021. 

U.S. Attorney Mike Stuart Holds Invite-Only Anti-Marijuana Event

An invitation only Wednesday event in Charleston was billed as a symposium on marijuana, but skewed towards opposition of the drug’s legalization for medical and recreational purposes.  The event, titled The Colorado Experiment: A Look Back and What You Need to Know, touched on ecological, medical, public safety and law enforcement positions related to marijuana — with all of the speakers standing in opposition to reforms that would provide wider access to the drug.

Mike Stuart, the U.S. Attorney for the Southern District of West Virginia, hosted the event alongside the Appalachia High Intensity Drug Trafficking Area (HIDTA), a regionally-focused federal task force aimed at curbing drug trafficking and the National Marijuana Initiative, a program administered by the federally run HIDTAs.

Officials from the Bureau of Alcohol, Tobacco, Firearms and Explosives; the Drug Enforcement Administration; the Rocky Mountain High Intensity Drug Trafficking Area; a former U.S. Attorney from Colorado, a hospital pharmacist; a research ecologist and the executive director of a non-profit opposed to legalization and commercialization were among the speakers.

The event comes as federal agencies continue to delve into marijuana’s potential effects through research but have yet to reach a final conclusion. Wednesday’s presentations — which focused exclusively on oppositional viewpoints on marijuana — also come at a time when national trends indicate the American public and state governments are increasingly supportive of legalization.

According to the National Conference of State Legislatures, 33 states, the District of Columbia, Guam and Puerto Rico allow marijuana for medical use. Ten states and D.C. have legalized the drug for recreational purposes. It remains illegal on the federal level.

Public opinion polling by Gallup and the Pew Research Center — conducted separately and both released in October 2018 — indicate roughly two-thirds of Americans support the legalization of marijuana.

While that research doesn’t drill down on opinions at the state level, polling from Orion Strategies suggests support for marijuana legalization in West Virginia — for doctor-prescribed medical purposes and for recreational purposes for citizens over the age of 21 — has been increasing in recent years.

Data released in 2018 show 67 percent of West Virginians polled support medical marijuana if prescribed by a doctor and 34 percent of West Virginians for recreational purposes. Those numbers are up from the earliest-recorded data from Orion, which show 52 percent of West Virginian polled supported medical marijuana and 20 percent supported legalization for recreational purposes in 2015.

But some presenters warned that public opinion on the subject does not equal a safe product.

Smart Approaches to Marijuana executive director Kevin Sabet likened marijuana legalization to tobacco. Sabet said tobacco’s health effects were unknown a century ago — but since then, research and public opinion have changed and the substance is generally understood to be harmful.

“It’s a brilliant marketing strategy,” Sabet, who also worked on drug policy in the Obama Administration, said of marijuana industry leaders and lobbyists who support legalization.

Sabet’s organization opposes legalization but specifically emphasizes a stance against commercialization. He said he believes research will ultimately lead to marijuana becoming the “next tobacco.”

But at least some potentially harmful effects of marijuana are linked to illegal growing practices and chemicals used in that process.

Dr. Mourad Gabriel, co-founder of the Integral Ecology Research Center and a faculty member at the University of California-Davis, detailed his own research that shows rodenticides (chemicals placed around illegal grow sites to deter rodents) are linked to harmful and potentially deadly effects on water and wildlife, specifically on fishers — a weasel-like mammal inhabiting the Pacific Northwest.

Gabriel urged stringent testing of marijuana to detect these harmful compounds. He also noted that his research has not focused on the potential effects these compounds may have on human life.

“What I worry about is an immuno-compromised individual — someone who may have cancer, someone may have AIDS — and they’re looking for an alleviation of their pain and suffering. They may turn to [medical marijuana] and what I would expect — as if that was a family member of mine — I would want to make sure that that material is 100 percent screened as any medical product and with the same stringent standards,” Gabriel said.

Dr. William Lynch, a pharmacist at Kennedy University Hospital in Cherry Hill, New Jersey, cited dozens of studies that link marijuana to mental health disorders, including depression, anxiety and psychosis. He also described an incident in which 19-year-old died after jumping off a building in Colorado while under the influence of an edible containing THC, an active ingredient found in marijuana.

Other speakers at Wednesday’s event said public support has increased as access to marijuana around the country has increased. However, they warned that increased potency — with some saying modern forms of marijuana is “not your parents’” version — and insufficient research should be a cause for concern in legalizing marijuana for any purpose.

At least one speaker at the event, National Marijuana Initiative director Ed Shemelya, has a history of assisting in the defeat of state-level marijuana legislation.

In 2015, the NMI assisted the Kentucky Baptist Convention in defeating a bill in the Kentucky General Assembly that would have legalized marijuana for medicinal purposes. According to Murray, Kentucky public radio station WKMS, Shemelya — who is a retired commander with the Kentucky State Police — reached out to the religious organization to help curb the bill’s passage.

At Wednesday’s event, Shemelya admitted that there is some scientific evidence that marijuana does have medicinal benefits — but cautioned that more time is needed to fully understand the effects of legalization.

The National Institutes of Health’s National Institute on Drug Abuse has yet to give a final say on marijuana’s medical benefits. The organization has stated that research conducted thus far on the subject “is mixed.”

“Some data suggest that medical cannabis treatment may reduce the dose of opioids required for pain relief, while another NIH-funded study found that cannabis use appears to increase the risk of developing nonmedical prescription opioid use and opioid use disorder. Though no single study is definitive, they cumulatively suggest that medical marijuana products may play a role in reducing the use of opioids needed to control pain but that these products don’t come without risk,” the organization states on its website.

Shemelya echoed the NIH’s position during his presentation Wednesday.

“For anyone to tell you there is no medicinal value — they are outright lying to you,” Shemelya said before suggesting that five to ten more years of research is needed before having a clear understanding of marijuana’s effects on health and other impacts of legalization.

Republican Sen. Mike Azinger, Senator-elect Eric Tarr and Del. Tom Fast were among the state lawmakers in attendance at the event. Democratic House of Delegates members Mike Pushkin and Andrew Robinson — who attended a portion of the event  — said they were invited only after requesting access through Stuart’s office.

Pushkin, who is an advocate for marijuana reforms and did not give a presentation Wednesday, called the event a “lecture series by a handpicked list of prohibitionists who used half truths and fear tactics to further a predetermined narrative.” He also suggested Stuart hold additional discussions that would involve supporters of legalization.

“I appreciate the invitation and the work that Mike Stuart and his staff put into this event. However, it would have been more meaningful and productive to hear people with differing viewpoints discuss the issue and attempt to reach a rational consensus,” Pushkin said. “I think the people would be better served if we could have an open discussion on the matter. I’d love to debate U.S. Attorney Mike Stuart on this issue in a public forum.”

Stuart, whose job is to prosecute and enforce laws in federal court, has been a staunch and vocal opponent of marijuana reform, including legalization for medical and recreational use. He suggested throughout the event that everyone knows where he stands on the issue.

“If marijuana is legal, it’s legal. But it doesn’t mean there won’t be regulation and enforcement. It can be legal tomorrow. But I do know this about the marijuana lobby — we will either run that regime if it comes into West Virginia, or it will run us. So it’s important that even if it becomes legal, that we enforce regulations — and that we make sure there’s a level landscape for everybody,” Stuart said.

With a bill passed by the Legislature and signed by Gov. Jim Justice in 2017, West Virginia is slated to provide medical access to the drug on July 1, 2019. However, technical cleanups to the law failed to pass during the 2018 legislative session — leaving the launch of the state’s medical program in question.

Stuart, along with other anti-marijuana speakers at the event, acknowledged that national trends in state legislation indicates that legalization for recreational purposes often follows passage of medical marijuana laws.

“The goal here was to try to learn from the experience in Colorado and learn from the experience that we’ve seen on the west coast. And if we head down this path, how can we do it better? How can we avoid the mistakes those places have done?” Stuart asked.

While Stuart said he welcomes additional discussion on the matter that would include supporters of marijuana legalization, no events are currently scheduled through his office.

 

West Virginia U.S. Attorney to Hold Invitation Only Marijuana Symposium

A federal prosecutor will hold a symposium on marijuana Wednesday in Charleston. The invitation-only event will feature law enforcement officials and researchers opposed to marijuana legalization.

Mike Stuart, the U.S. Attorney for the Southern District of West Virginia, is hosting the event alongside a regional task force aimed at curbing drug trafficking. 

Featured speakers at the event include Dr. Mourad Gabriel, an ecologist who assists law enforcement in remediating illegal grow sites, and Kevin Sabet, executive director of Smart Approaches to Marijuana, a nonprofit that opposes legalization and commercialization. 

Stuart himself has also been a staunch and vocal opponent of marijuana reform, including legalization for recreational and medical use.

According to the National Conference of State Legislatures, 33 states, the District of Columbia, Guam and Puerto Rico allow marijuana for medical use. Ten states and D.C. have legalized the drug for recreational purposes. It remains illegal on the federal level.

West Virginia is slated to provide medical access to the drug on July 1, 2019, although technical cleanups to the law failed to pass during the 2018 legislative session.

Public opinion polling conducted by Gallup and Pew — released separately in October 2018 — indicate roughly two-thirds of Americans support the legalization of marijuana. 

Driver of Vehicle that Rear-Ended Gov. Justice Charged with Driving Under the Influence of Drugs

Updated: Saturday, May 26, 2018 at 10:10 p.m.

 

Gov. Jim Justice and his wife Cathy were involved in a vehicle accident Saturday in Beckley. According to a news release from the governor’s office, the couple were rear ended at an intersection while the governor’s Suburban was stopped at a stop light. Beckley City Police have charged the driver of the vehicle that crashed into the governor’s vehicle with diving under the influence.

 

Gov. Justice and his wife are being monitored for injuries, but as of yet have not been taken to a hospital for treatment. The Justices had just departed Sunset Memorial Park where they had placed flowers on the graves of their parents.

 

A State Police detail assisted the Justices following the crash until Beckley City Police arrived on scene.

 

A statement from Beckley City Police says officers determined that the operator of the vehicle that rear-ended Justice’s Suburban, identified as 20-year-old Joshua Lucas, appeared to be under the influence of a drug.

 

Patrolman Logan Christian requested Beckley Police Department Corporal Timothy Hughes to respond and perform “advanced roadside evaluations” to detect the presence of drugs.

 

According to Beckley City Police, Corporal Hughes is a state certified Drug Recognition Expert (DRE) who uses advanced techniques to evaluate drug impaired drivers.
 

Following the evaluation by Cpl. Hughes, Lucas was arrested and charged by Patrolman Christian with Driving Under the Influence of Drugs and Failure to Maintain Control of the vehicle. Beckley City Police say it is suspected that Lucas was under the influence of marijuana at the time of the crash.

 

“I hate like crazy that this happened but in some ways I’m glad he hit me because if the driver had not hit our Suburban, at the rate of speed he was going on the wet, slick roads, he probably would have traveled through the intersection and broadsided another vehicle,” Justice said in a statement included in the release.

 

Justice said it was “a far better outcome” and the incident “could have been a tragedy.”

 

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