Sunday, July 27, 2025
Sunday, July 27, 2025
Home Blog Page 189

House Debate Heats Up on Medical Marijuana Bill

Disposed Double Committee Reference Pushes Bill to Floor for Passage

The House of Delegates has been proving its hesitance to pass a historic bill that would legalize medical marijuana in the state of West Virginia.

The bill, SB 386, was originally set to be referred to the House Health and Human Resources Committee and then the House Judiciary Committee, until a motion was made last night during session to have both committee references dispensed with.

Delegate Michael Folk, R-Berkeley, made the motion for the bill to be immediately taken up for first reading instead of having the bill processed through both committees.

The motion passed 54-40 with six delegates absent.

Those who supported the motion said it was the only way for the bill to be given an actual chance for passage before the Regular Session’s deadline of midnight next Saturday.

Delegate Pat McGeehan, R-Hancock, reminded his fellow delegates that by voting “no” on the motion, they would be subsequently be voting “no” for the passage of medical marijuana.

“We know it was double referenced to kill the bill,” McGeehan said. “If you vote green, you’re for ending some sort of prohibition. If you vote red, you’re not.”

Members of House leadership opposed the motion and said the committee references were necessary for ensuring the bill is properly evaluated for possible enaction.

Majority Leader Daryl Cowles, R-Morgan, said the delegates would need to be given the opportunity to speak with experts in medical and law enforcement fields about potential consequences the bill could hold.

Judiciary Chair John Shott, R-Mercer, added that the bill could possibly be in conflict with federal law and would need to be analyzed further.

“There’s all kinds of issues that arise in this context,” Shott said.

However, Minority Leader Tim Miley, D-Harrison, encouraged those in dissent to “have confidence” in decisions already made by the Senate committees who previously vetted the bill.

“This was made a priority by the Senate,” Miley said, “And I think it’s time that we now make this a priority for ourselves and the constituents that we represent.”

Lead sponsor of the bill, Senator Richard Ojeda, D-Logan, has been urging his fellow legislators across the hall in the House to override the “pushback” from House leadership and do their jobs in representing the “thousands and thousands” of people across the state who would significantly benefit from the legalization of medical marijuana.

“I am hoping that those in the House will truly set politics aside and stand up for those who cannot stand up for themselves,” Ojeda said.

As for efforts that were made in the Senate with passing the bill, Ojeda said he is impressed with how many senators eventually came together to accumulate the 28-6 vote in the Senate on Wednesday that allowed the bill to pass.

“For about six or seven weeks, there were ups and downs,” Ojeda said, “But I have been energized with what I have seen. There’s been real bipartisan support with this bill, and it gets something done for the people.”

Senators who voted against reporting the bill out of the Senate cited concerns related to how the bill relates to federal law, the lack of FDA approval for the medical use of marijuana and other liabilities or health risks that could be posed.

Those who rose in support of the bill said the countless proof of medical marijuana’s potential for both alleviating the physical and psychological suffering of countless citizens and bringing more population and economic growth into the state were reasons enough to vote “yes.”

Before reaching the Senate floor for a vote, the bill was approved 6-5 in the Senate Health and Human Resources Committee and then 13-3 in the Senate Judiciary Committee.

Currently, 29 other states have enacted similar legislation to authorize medical marijuana, which has still not been federally legalized.

West Virginia’s pending bill, SB 386, was modeled after Maryland’s medical marijuana laws.

Members of the House are expected to begin proposing amendments to the bill as it moves toward second reading this weekend.

House Judiciary Discuss Bill to Change State Pay Cycle

0

House Judiciary met today and discussed several bills.

SB 581 would make technical corrections to the Uniform Trust Code. The bill will be reported to the floor.

SB 4 would allow certain licensed professionals to donate their time to the care of the indigent and the needy and to allow them to gain credit for their time against continuing education requirements needed to maintain their license.

SB 398 wouldcreate The Emergency Volunteer Health Practitioners Act. The bill would regulate the practice of volunteer health practitioners during an emergency and create a registration system. It would also grant reciprocity to licenses issued to volunteer health practitioners in other states during an emergency. The bill will be reported to the floor.    

SB 344 would eliminate conflicting provisions within current code relating to the application of payments and the assessment of delinquency fees on consumer credit sales and consumer loans, except credit cards. The bill will be reported to the floor.

SB 523 would convert to a biweekly pay cycle for all state employees. It would modify the pay cycle for the members of the Legislature, courts, higher education institutions, WV State Police, Division of Correction, and other state agencies.  The bill will be reported to the floor. The bill will be reported to the floor.

SB 563 would amend the requirements for contracts that allow for balloon payments, require proof of mailing of notices to debtors that consumers are represented by legal counsel and prohibit class action lawsuits under this chapter. The bill will be reported to the floor.

SB 240 would crime of distribution of nude and sexually explicit images when the person depicted has an expectation of privacy. The bill will be reported to the floor.

SB 337 would allow the Division of Corrections to hire a person as a Correctional Officer no matter their placement on the correctional officer register. The bill will be reported to the floor.

SB 578 would establish a new fee structure for the furnishing of health care records, allowing records to be furnished to a patient’s personal representative and establishing a limit on the total fee allowable for the furnishing of a patient’s health care record.

SB 174 would eliminate the jurisdiction of the PSC over the transportation of household goods.

 

SB 346 would exempt any motor vehicles which are engaged exclusively in the nonemergency medical transportation of Medicaid members from the jurisdiction of the Public Service Commission.

House Committee on Government Organization Passes Concurrent Resolutions

0

The House Committee on Government Organization met this afternoon and passed many Concurrent Resolutions out of the committee and also some bills.

SB 28 would create a new system for certain contiguous counties to establish regional recreation authorities. The bill was reported to the floor of the House with the recommendation that it pass.

SB 221 relates to composition of PEIA Finance Board.

Delegate Caputo (D-Marion) moved to amend the bill in order to add a person to the board to represent state workers. The amendment was adopted.

The bill was reported to the floor of the House with the recommendation that it pass as amended.

SB 588 relates to reproduction, distribution and sale of tax maps.

Delegate Sypolt (R-Preston) and Lynch (D-Webster) moved to amend the bill so that a dollar of the sale of the tax maps would go to a local 911 call center in order to fund it. The amendment was adopted.

The bill was reported to the floor of the House with the recommendation that it pass as amended.

The committee considered HCR Blank that would regard a study of the Office of Technology, HCR Blank regarding a study of the Alcohol Beverage Control Administration, HCR Blank regarding a study of the Division of Labor, HCR Blank regarding a study of Occupational Licensing, HCR Blank regarding a study of the regulation of Registered Nurses and Licensed Practical Nurses and, HCR Blank regarding a study of the Real Estate Division. The resolutions were reported to the floor with the recommendation they are adopted.

Senate Judiciary Approves Bill Related to Fundraising Reporting During Session

0

The Senate Judiciary Committee has approved four House bills to be reported to the floor with the recommendation that they pass.

HB 2219 would authorize the Commissioner of Agriculture to promulgate 49 legislative rules relating to Livestock Care Standards.

Senator Ronald Miller, D-Greenbrier, withdrew his amendment pertaining to hunting tagged deer, which had been pending since the committee’s last meeting.

Crescent Gallagher of the Dept. of Agriculture said the Division of Natural Resources (DNR) were in agreement about certain rules senators were concerned about during the last meeting.

DNR Deputy Director Emily Fleming said DNR was kept very involved with rules the Dept. of Agriculture would promulgate for the division.

HB 2373 would authorize school bus drivers trained in administration of epinephrine auto-injectors to administer auto-injectors to students or school personnel experiencing an anaphylactic reaction.

The bill would also make school bus drivers immune from liability for use of an epinephrine auto-injector except in cases of gross negligence or willful misconduct.

HB 2319 would require members of the Legislature to disclose contributions and fund-raising events while the Legislature is in session.

The bill specifically requires the information to be provided within five days of an event or a receipt of contribution, and requires the Secretary of State to publish such information on the Secretary of State’s website within one day.

Senator Robert Karnes, R-Upshur, proposed an amendment to incorporate the Board of Public Works into the bill and maintain regular reporting without being “overly excessive” with reporting requirements.

Karnes’s amendment was rejected.

Lead sponsor of the bill, Delegate Jill Upson, R-Jefferson, said she created the bill to add another layer of transparency to ensure the timely reporting of financing by legislators during session.

HB 2083 would increase imprisonment lengths and fines for exposing children to methamphetamine manufacturing.

The committee will next meet 3 p.m. Monday, March 3, in room 208W. The agenda has been posted.

Industrial Hemp Licensing Bill Approved in Senate Agriculture

0

The Senate Agriculture and Rural Development Committee has approved two bills to be reported to the full Senate with the recommendation that they pass.

HB 2453 would expand the list of persons the Commissioner of Agriculture may license to grow or cultivate industrial hemp.

Committee counsel said the Department of Agriculture has approved of the bill.

The bill will be referred to Senate Government Organization once reported to the floor.

HB 2552 would increase the pet food registration fee and direct that the additional money be deposited into the West Virginia Spay Neuter Assistance Fund.

The Fund has not received any regular funding since its creation, and the bill is expected to bring nearly $90,000 into the Fund.

Theresa Bruner of the Federation of Humane Organizations in WV discussed the organization’s support for the bill.

Bruner said the dog food industry would be able to afford the fee raise due to its rapid financial growth over the past few years.

Attorney Mark Harman said the pet food industry is “adamantly opposed” to the bill and that he believed there were better ways to raise the money for the Fund rather than targeting one industry.

Senator Charles Clements, R-Wetzel, amended the bill to decrease the pet food registration fees to $50 and $35, instead of $100 and $70.

The bill will be referred to Senate Finance once reported to the floor.

Action on Medical Marijuana Bill Delayed Until Monday

0

Chairman John Shott addressed the House at the start of session to let everyone know he would be making a motion on second reading for SB 386 (Creating WV Medical Cannabis Act). He said he looked it over last night and he did some research and he found an issue relating to the edible form of medical cannabis. He said it needs to be properly addressed in the bill for child proof packaging and identification for what the product is. This being said he would be making a motion to postpone action until Monday, April 3 on SB 386.

Delegate Pat McGeehan asked the chairman if members on the prevailing side would be invited to collaborate with the chairman and his attorneys. The chairman said any delegate wishing to come in this weekend, including Sunday is welcome to come.

Minority Leader Tim Miley addressed the floor saying that he had spoken with Speaker Tim Armstead and Chairman Shott and they are trying to work with everyone to move this forward.

There were 16 bills on third reading; two were postponed and 14 passed the House.

Action was postponed on SB 437 again.

Action was postponed on SB 634.

SB 338 would amend the Medical Professional Liability Act by adding a definition for “occurrence,” providing for a preference of venue, establishing an attorney’s fees schedule based upon the amount recovered. The bill passed 87-12 in the House.

SB 473 would clarify the circumstances in which naturally shed deer antlers may be lawfully collected, possessed and sold and to clarify that certain wildlife or parts thereof cannot be traded or bartered. The bill passed the House 94-5/

SB 41 would extend the total number of years that a person may be subject to a period of probation to seven years. The bill passed the House 97-2.

SB 497 would modify the liability of a physician offering volunteer care at school sporting events to provide that they may only be held liable for acts of gross negligence or willful misconduct. The bill passed the House 91-8.

Committee Meetings Today

Veterans Affairs: immediately after session in 215E

Judiciary: 1 p.m. in 410M

Government Organization: 2:30 p.m. in 215E

Finance: 3 p.m. in 460M

Committee Meetings Tomorrow

Government Organization: 9 a.m. in 460M

There will be a Public Hearing on SB 687 on Monday April 3 at 8:30 a.m. in the House Chamber.

 

The House is in recess until 5 p.m.

Update:

Upon reconvenement the House recieved committee reports.

They then voted on a title amendment on House Bill 2486, passing it with a vote of 78-17.

The following committees meet:

Finance at 8:30 a.m. tomorrow.

Judiciary after caucus tonight.

Government Organization at 8 a.m. tomorrow.

 

The Huse is adjourned until 9 a.m. tomorrow.

Senate Discusses Prohibition of Production, Manufacture or Possession of Fentanyl

0

The Senate met today to pass three bills.

House Bill 2721 would remove the cost limitation on projects completed by the Division of Highways.

House Bill 2722 would eliminate the financial limitations on utilizing the design-build program for highway construction.

House Bill 3106 relates to increasing the number of limited video lottery terminals.

The bills are now completed legislation.

On second reading there were two bills.

House Bill 2329 would prohibit the production, manufacture or possession of fentanyl.

Senator Trump (R-Morgan) said the bill would create new criminal offenses and moves fentanyl to a schedule one drug. Senate Judiciary Committee has an amendment for the bill.

Senator Woelfel (D-Cabell) said, “The bill was a good bill from the House. Senate Judiciary has made it even better. This will be a great tool to combat the drug crisis we are facing.”

The bill was moved to third reading with the right to amend.

House Bill 2878 would increase the amount of authorized Federal Grant Anticipation Notes for which the Division of Highways may apply. 

On first reading there was one bill.

House Bill 2180 would authorize the issuance of special “In God We Trust” motor vehicle registration plates.

Senate Resolution 65 was also adopted today reaffirming sister-state ties between Taiwan and State of West Virginia.

These committees meet at the following times:

Agriculture and Rural Development at 1 p.m. in 451M.

Confirmations at 1 p.m. in 208W.

Judiciary at 2 p.m. in 208W.

Education at 10 a.m. tomorrow in 451M.

Government Organization at 10 a.m. tomorrow in 208W.

 

 

The Senate is adjourned until tomorrow at 9 a.m.

House Government Organization Reports Four Bills Out of Committee

0

The House Committee on Government Organization met today to discuss Senate bills.

SB 412 relates to WV Jobs Act reporting requirements. This bill would redact reporting the job’s wage in the WV Jobs Act. This would make it so that companies employed by the state not have to report their wages for public record.

Delegate Caputo (D-Marion) moved to amend the bill. The amendment passed.

The bill was reported to the House floor with the recommendation that it pass.

SB 180 relates to PSC jurisdiction over certain telephone company and internet services. The current law does not specify jurisdiction of these current services. This bill would clarify that the PSC would have jurisdiction.

Delegate Hamrick (R-Harrison) wanted to know if text messages would count underneath this and found they would not as they are a different type of data.

The bill was reported to the House floor with the recommendation that it pass.

SB 350 would allow licensed professional counselors be issued temporary permit. This bill would allow temporary permits to be issued to counselors who are awaiting the results of their tests as long as they are under supervision. Their temporary license may be revoked at any time. The supervisor would be liable to any mishaps that happen while the temporary license is issued. The bill was reported to the House floor with the recommendation that it pass.

SB 480 would authorize local government adopt energy efficiency partnership programs. The bill would allow municipalities to enter into contracts with private owners to introduce energy efficiencies in their building. In order for the municipalities be able to do this, there would be resolutions of intent, public hearings, and rules and regulations they would have to follow.

Delegate McGeehan (R-Hancock) said, “I could see the government getting too involved in the private sector and development of property.”

The bill was rejected.

SB 499 would create Debt Resolution Services Division in Auditor’s office. The bill was rejected.

SB 564 relates to Statewide Independent Living Council. This bill would make technical changes to the program and were recommended for conformity with other acts. It changes and adds some definitions. The bill was moved to be amended to put a cap on the payment members of the council would be allowed to receive. The amendment was adopted. The bill was reported to the House floor with the recommendation that it pass as amended.

The committee recessed until after the House floor meeting.

Senate Finance Approves Bills Related to Governor Justice’s Budget Plan

0

The Senate Finance Committee has approved four bills to be reported to the floor with the recommendation that they pass.

SB 304 would appropriate $2,700,000 in expiring funds from the General Revenue Fund to the state Department of Health and Human Resources.

Committee counsel also informed the committee that there is currently $678 million total in the state’s Rainy Day Fund.

The bill was originally proposed by the governor as part of his budget plan.

SB 476 would appropriate $101,700,000 in expiring funds from the Revenue Shortfall Reserve Fund to the General Revenue Fund.

Mike McKown, director of the State Budget Office, was available to answer questions from committee members.

The bill was originally proposed by the governor as part of his budget plan.

HB 2963 would eliminate the requirement that the personal representative of a nonresident decedent apply to the Tax Commissioner for a certificate releasing all real property situate in this state from any estate tax lien, because West Virginia does not impose an estate tax or an inheritance tax on estates of persons dying after December 31, 2004.

HB 2734 would authorize a method for the collection and remittance of property taxes related to a dealer’s heavy equipment inventory.

Current law does not provide any special guidance in this regard.

Senator Jeff Mullins, R-Raleigh, amended the bill to make technical corrections regarding consistency in the bill’s language.

The committee will not be meeting this afternoon or Saturday, April 1.

Bill to Reduce Exploitation of Seniors’ Property Approved in Senate Judiciary

0

The Senate Judiciary Committee has approved seven bills to be reported to the floor with the recommendation that they pass.

HB 2526 would classify additional drugs to Schedules I, II, IV and V of controlled substances.

Morgan Leach, executive director of the WV Hemp Industries Association, explained an amendment offered by Senator Robert Beach, D-Monongalia, that would exclude industrial hemp from being classified as a controlled substance.

Matt Walker of GW Pharmaceuticals explained the difference between industrial hemp and regular hemp, which is considered a controlled substance.

Michael Goff of the Board of Pharmacy, said the Board supports industrial hemp as long as it is FDA-approved. 

HB 2303 would increase the fines and community service hours for littering.

Those convicted of littering can be fined an amount from $2,500 to $10,000 or committed to anywhere from 16 to 200 hours of community service that could involve cleaning up litter from any public highway, road, street, alley or any other public park or public property, or waters of the state, as designated by the court.

Lead sponsor of the bill Delegate Rupert Phillips, I-Logan, urged the committee to pass the bill and said he is “tired” of seeing litter throughout the state after spending hours in his own community cleaning up litter in public areas and waterways.

Senator Mike Woelfel, D-Cabell, amended the bill to strike certain language, restore the maximum fine of $25,000, restore the court’s ability to institute a double charge of a fine and community service hours and exempt property owners from littering on their own property from criminal liability for any litter up to 50 pounds in weight.

Senator Richard Ojeda, D-Logan, said he did not agree that property owners should be allowed to litter on their own property, since doing so can reduce the property value of surrounding properties.

Senator Mike Romano, D-Harrison, said allowing people to litter on their own property is a “terrible mistake” that would make it harder to maintain clean cities and towns that are safe for citizens to live in, which is a problem he works to address in his own county.

Committee counsel added a strike-and-insert amendment to make technical corrections to the bill.

HB 2404 would bar persons who are convicted of certain criminal offenses from acquiring property from their victims through joint tenancy or inheritance.

Angela Vance of AARP said AARP has been working on this legislation for two years now to stop seniors from being exploited by their own family members and heirs.

“This is a real problem in West Virginia,” Vance said, “And it’s an ever-growing crime.”

Committee counsel added a strike-and-insert amendment to make technical corrections to the bill.

HB 2364 would prohibit electioneering during early voting periods in and around early voting locations to the same extent as is currently prohibited at polling places on election day.

Current law does not allow electioneering within 300 feet of voting locations, but the bill would change this buffer zone to 100 feet to conform with federal guidelines.

Senator Romano amended the bill to clarify that exit pollers are not allowed to participate in the electioneering activities.

HB 2479 would adopt and implement the provisions of the Uniform Deployed Parents Custody and Visitation Act in West Virginia to set standard procedures for resolution and determination of custody and visitation issues when a parent is deployed in the military or other national service.

Similar bills have been adopted in 12 other states.

Committee counsel added a strike-and-insert amendment to make technical corrections to the bill.

HB 2731 would clarify that only civil actions with controversial amounts exceeding $10,000 must be heard in circuit court, except in actions relating to real estate installment sales contracts or actions confined exclusively by the Constitution to some other tribunal.

During the 2016 Regular Legislative Session, the Legislature passed SB 274 which increased the civil jurisdictional amount in magistrate court from $2,500 to $10,000. However, the Legislature failed to amend the circuit court jurisdictional statute to specify that the controversial amount, excluding interest, must exceed $10,000.

Committee counsel added a strike-and-insert amendment to make technical corrections to the bill.

HB 2548 would allow nonintoxicating beer licensees to have speakers outside of licensed premises as long as their use does not disturb the peace and quietude of community where the business is located.

A general counsel for the Alcoholic Beverage Control Commission was available to answer questions from the committee and said the Commission had no position on the bill.

The committee also laid over HB 2219 to review an amendment to the bill proposed by Senator Ronald Miller, D-Greenbrier, to remove a rule that would allow the Dept. of Agriculture to issue a rule affecting the Division of Natural Resources.

The rule is one of the 49 legislative rules relating to Livestock Care Standards the bill would authorize the Commissioner of Agriculture to promulgate.

The committee will meet 9:30 a.m. Friday, March 31, in 208W.