Tag: Regulation

Senate Judiciary Discusses Banning, Regulating 3 Substances

The Senate Judiciary Committee spent close to three hours Thursday afternoon discussing a committee substitute for Senate Bill 546, which would update the state’s list of controlled substances.

About a dozen community members were invited to the Senate Judiciary Committee Thursday afternoon to discuss issues around the banning of three substances in a meeting that stretched for hours, before a confusing ending. 

The committee spent close to three hours discussing a committee substitute for Senate Bill 546, which would update the state’s list of controlled substances. 

The bill would add dozens of substances to the state code, but the committee’s discussion focused on three substances: the hemp-derived cannabinoids Delta 8 and Delta 10, as well as the derivative of a Southeast Asian plant with opioid-like properties known as Kratom.

Sen. Mike Stuart, R-Kanawha, is the bill’s lead sponsor. Throughout discussion, he compared the current situation of Delta 8, Delta 10 and Kratom in West Virginia to the start of the opioid epidemic. 

“We’re seeing similarities today to what we saw at the beginning of the opiate crisis,” Stuart said. “If we could go back in time and make a change to what happened to this countryside in West Virginia, I think we would have made those changes.” 

As written, the bill would put the three substances in Schedule 1, along with opiates, methamphetamine and psychedelics such as LSD. Stuart’s argument, supported by several guests including a police lieutenant, a psychiatrist specializing in addiction and the Poison Control Center, revolved around not only the danger of the substances, but specifically their ease of availability.

“The drug normalization of America knows no partisanship or socio-economical notation,” Stuart said. “This is not going to be an easy vote, because it’s become so widely dispersed throughout West Virginia.” 

Other senators asked why the substances under discussion didn’t merit regulation instead of a full ban. Sen. Mike Caputo, D-Marion, asked as much of Amy Minor, the director of regulatory and environmental affairs with the West Virginia Department of Agriculture. 

Minor’s office already regulates the legitimate production and sale of industrial hemp products in the state, including Delta 8 and Delta 10. Some Delta 8 and Delta 10 products sold in the state are illicit, and there is currently no regulation of Kratom in West Virginia. 

“You definitely support an age restriction just the same as we do alcohol, same as we do tobacco, same as we do medical cannabis?” Caputo asked.

Minor said the Department of Agriculture was in favor of an age restriction of 18 years and older.

“Yeah, I don’t know why we don’t have it for this. I would rather see us, Mr. Chairman, moving in a direction of a regulation rather than what direction we’re moving here, but I’m just one opinion,” Caputo said.

Caputo’s point was supported by several guests, including an industrial hemp farmer and a woman who uses Kratom to mitigate symptoms of Lyme Disease.

More than two hours into the meeting, there were still several witnesses who had not been heard and the chairman, Sen. Charles Trump, R-Morgan, indicated a desire to adjourn and reconvene Friday to continue hearing testimony. However, the committee was thrown into procedural confusion after Sen. Laura Chapman, R-Ohio, unexpectedly moved to vote on the bill, ending public testimony and committee discussion.

After several other procedural motions, including a motion to adjourn the meeting in lieu of a vote, Trump was required to consult with the Senate parliamentarian, who informed him that the motion to vote would need to be carried through.

“I have no no more to say except for we heard all this testimony. I think that we’re all tired, but we all know how we’re going to vote on this and we should just agree to the language,” Chapman said.

The committee agreed on the language of the committee substitute for Senate Bill 546 and moved to report the same to the House. However, no bill was reported to the Senate from the Judiciary Committee Friday morning.

Broadband Connectivity In W.Va. Will Require Full Cooperation

The FCC ranks West Virginia 47th among the 50 states in broadband connectivity. Now, long-stalled efforts are underway to change that ranking.

This week the Senate passed Senate Bill 494, a Democrat-sponsored bill creating the Broadband Carrier Neutral and Open Access Infrastructure Development Fund, for various uses by the WV Office of Broadband. The lead sponsor and longtime broadband advocate is Robert Plymale, D-Wayne.

“A full fifth of our state remains unconnected,” Plymale said. “And with only 39 percent of West Virginians having access to affordable broadband, defined as a plan under $60, the on-ramp to those opportunities is often simply out of reach for many household budgets.”

Secretary of Economic Development Mitch Carmichael will administer the fund, and the more than $1 billion in federal monies procured for broadband expansion. Carmichael said work is already underway in stringing fiber optic cable and bringing affordable broadband to the 300,000 remote West Virginia households in need. Carmichael said the plan creates a public-private partnership with the state working with commercial broadband carriers.

“The programs that we put in place are essentially a reverse bid, so that the internet service providers can bid on providing services to these customers, and whoever comes in at the lowest rate gets the award,” Carmichael said. “And we also make sure that they have validated financials, validated customer service metrics, all those good components.”

Del. Daniel Linville, R-Cabell is the lead sponsor on House Bill 4001. The bill ensures service reliability and provides long term oversight of overall connectivity.

“We need to make sure that as we partner with the private sector, that they understand that we mean business,” Linville said. “Because if they don’t, and if the failed promises of the past continue like we’ve seen previously with Frontier and Suddenlink, then ultimately, the people won’t be served.”

The federal government has a five year funding deadline to get broadband connectivity to all West Virginians. All involved say with cooperation, the job can be done quicker.

Lawmakers, Advocates Call To Fully Fund State Oil And Gas Regulator

A group of lawmakers, environmental advocates, and representatives of private property owners called for the state legislature to fully fund the West Virginia Department of Environmental Protection’s Office of Oil and Gas on Thursday

The office handles inspections and permits for over 67,000 natural gas and oil wells across the state. Last summer, the office had to cut its staff from 40 to 25 due to a downturn in new drilling.

At a press conference on Thursday, Del. Evan Hansen, D-Monongalia, said the office’s recent budgetary shortfalls present both a public health and environmental issue.

“Worst case scenario, if these wells are not properly inspected and maintained there’s an explosion risk or other types of bad things can happen to people who live nearby or people who work on these sites,” he said.

Hansen said he plans to co-sponsor legislation that will impose an annual $100 fee on active wells and return the office to full staff.

Dustin White of the Ohio Valley Environmental Coalition says his organization is deeply concerned about the cuts and urges the legislature to find funding.

The office relies on permit fees for the bulk of its funding and due to the pandemic, new drilling has slowed down significantly.

State Senator William Ihlenfeld, D-Ohio, a member of the Senate Energy Committee also voiced concerns over staff cuts.

“These inspectors do really important work for us,” he said. “According to the DEP, we have over 55,000 active wells and over 12,000 inactive oil and gas wells. And we have thousands of abandoned wells so there’s a lot of work to be done, a lot of territory to cover.”

Dave McMahon of the West Virginia Surface Owners’ Rights Organization said more oversight of the oil and gas industry was needed and current staffing levels at the agency are not sufficient.

The state senate passed a bill last year to provide the office additional funds but it did not make it into law. The request for full funding comes ahead of the legislative session beginning Feb. 10.

Campaign targets pseudoephedrine regulation in W.Va.

An industry trade group has launched a campaign in West Virginia opposing legislation that would require prescriptions for medications containing pseudoephedrine.
 
     Pseudoephedrine is also used illegally to make methamphetamine.
 
     The Consumer Healthcare Products Association began running ads this week on Charleston-area news websites. The group also has set up a website called Stop Meth, Not Meds, a Facebook page and a Twitter account.
 
     Association spokeswoman Elizabeth Funderburke tells the Charleston Gazette that families rely on cold, sinus and allergy medications containing pseudoephedrine. She says the association provides a platform for them to voice opposition to prescription legislation.
 
     House Health Committee Chairman Don Perdue and Nicholas County Sen. Greg Tucker have said they plan to introduce prescription-only bills for pseudoephedrine.
 

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