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President Donald Trump’s order to complete the process of federally rescheduling marijuana could move the needle to enact cannabis reform in West Virginia, a top Republican lawmaker says.
With proposals to legalize or decriminalize marijuana again on the table in both chambers this session, House Speaker Roger Hanshaw (R) signaled that there may be some bipartisan support for the legislation. He noted that “we’ve had members of the Republican party” file adult-use legalization bills similar to one that’s being sponsored by Del. Evan Hansen (D).
While there may be “philosophical reasons” that certain members of the caucus oppose legalization, Trump’s recent executive order on expeditiously moving marijuana from Schedule I to Schedule III of the Controlled Substances Act (CSA) could grease the wheels by giving them political cover, Hanshaw told The Herald-Dispatch.
Hansen’s proposal, which is pending action before the House Judiciary Committee, would create a system of regulated adult-use cannabis sales. The legislator has previously sponsored similar legislation, but the reform has yet to be enacted.
To what extent federal rescheduling could result in different outcome this session is yet to be seen. Moving marijuana to Schedule III wouldn’t federally legalize it, but lawmakers in several states have indicated that the symbolic message behind the policy change could lend to actionable reform.
In the West Virginia Senate, meanwhile, Minority Leader Mike Woelfel (D) is championing a separate bill to decriminalize possession of up to 15 grams of marijuana for personal use, reducing the offense from a misdemeanor to a civil infraction that doesn’t carry the threat of jail time.
The legislation has been referred to the Senate Health and Human Resources Committee, and Chairman Brian Helton (R) recently said “I’ll certainly meet with [the sponsor], and we’ll talk about his bill.”
“As I’m new to this committee, all bills, including [SB 100], are under review,” he said.
The window to move on the reform is limited, as the legislative session is set to end on March 14. And while Trump ordered Attorney General Pam Bondi to quickly complete the rescheduling process, it remains to be seen when that rule might be finalized.
Pressure has been building in West Virginia to deliver on reform, especially as the state’s medical cannabis patient population has faced high prices that have driven some to buy from adult-use markets in surrounding states.
West Virginia officials have also faced criticism for leaving millions in medical marijuana tax and fee revenue unspent in the years since its program launched, with the state’s treasurer expressing reservations given the ongoing federal prohibition on cannabis that’s complicated banking dynamics.
Prior to leaving office, then-Senate Majority Leader Craig Blair (R) said in 2024 that legalizing marijuana in the state could help ease the state’s crush of fatal fentanyl overdoses, predicting that the policy change will come “sooner than later.”
Despite past surveys finding majority support among voters for the policy change, marijuana legalization efforts have progressed slowly in West Virginia.
In 2022, activists attempted to put decriminalization measures on two municipal ballots in the state, but neither effort was ultimately successful. Similar efforts were undertaken in four cities a year earlier, but those efforts also fell short. In 2019, Salem voters rejected a similar reform proposal at the ballot box.
Former Gov. Jim Justice (R), for his part, said in 2021 that although he was not personally a fan of legalization, he would have supported the reform if the legislature sent a bill to his desk.
Photo courtesy of Mike Latimer.
Kyle Jaeger is Marijuana Moment’s Sacramento-based managing editor. He’s covered drug policy for more than a decade—specializing in state and federal marijuana and psychedelics issues at publications that also include High Times, VICE and attn. In 2022, Jaeger was named Benzinga’s Cannabis Policy Reporter of the Year.
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