The House Committee on Health and Human Resources had a consideration of two pieces of legislation, one of which being an originating bill to update the list of Schedule I drugs in the state of West Virginia.
The originating bill aims to add a number of designer drugs to the state list of Schedule I drugs. Schedule I is a category of drugs designated by the DEA for having no medicinal properties and for having a severe risk for abuse.
The bill in its original form generated little contention, but a series of amendments proposed by Delegate Mike Pushkin, D-Kanawha, and Delegate Mick Bates, D-Raleigh, generated a lengthy discussion.
Delegate Pushkin moved to amend the bill, arguing to move the “cannabis” and “marihuana” referred to in the legislation from Schedule I to Schedule IV.
The amendment was ultimately overruled by the chairman, Delegate Joe Ellington, R- Mercer. The argument was that the amendment was not germane to the proposed legislation, as the originating bill only seeks to amend the Schedule I list and there was no mechanism to move any of the items to Schedule
Delegate Pushkin addressed this by introducing another amendment to completely remove marijuana from the list of Schedule I drugs, arguing that if he “couldn’t reschedule it, he would de-schedule it.”
“In the 1970’s, a mistake was made by adding this drug onto the list of Schedule I drugs,” Pushkin said. “This body voted last year that this drug has medicinal properties, let’s follow through on that. By passing this, we can send the message that this drug never belonged here in the first place.” Pushkin said.
The amendment ultimately failed in a 13-10 vote.
An amendment to the originating bill did pass through the Health and Human Resources, an amendment that would update the language in the code in reference to marijuana.
Delegate Mick Bates moved to amend the bill by changing the references to “marihuana” to instead read “marijuana, sp. (cannabis)” in the code, therefore mirroring the federal DEA regulations.
The originating bill, sponsored by the House Health and Human Resources Committee, was voted to be advanced to the House Floor with recommendation that it pass as amended.
“Thank you for allowing us to have this consideration,” Pushkin said in closing remarks. “A lot of people in the state are honestly using this plant already, so we have a lot of work to do in the future. We need to educate ourselves on this, and be prepared to continue discussing this.”
The Committee also had a consideration of House Bill 2583, a bill that would permit a pharmacist to dispense a self-administered hormonal contraceptive under a standing prescription drug order. The proposed legislation would create an opt-in program, where pharmacists could voluntarily dispense a 12-month supply of hormonal birth control. Pharmacists who wish to opt into this program must receive training and administer the proper counseling to patients who seek to receive the contraceptive drug.
The House Committee on Health and Human Resources voted unanimously to advance this bill to the House Floor with the recommendation that it pass.
