The House reconvened at 3:45 p.m. to discuss SB 386 (Creating WV Medical Cannabis Act). Two amendments were proposed. One by Delegates Shott and Zatezalo and one by Delegates Pushkin, Hornbuckle, Byrd, Hill, McGeehan, Lane, and Robinson. Both amendments were explaned, first Shott’s then Pushin’s. If the body voted for Shott’s amendment, then Pushkin’s amendment wouldn’t be up for adoption. Amendments to the amendment adopted shall happen after one is chosen.
Chairman Jon Shott (R-Mercer) explained his amendment saying it was modeled after Pennsylvania. It would be structured under the Bureau of Health and have an advisory board for safe guards. A physician would issue a certification to a patient for a dosage amount. The physician must have training and certification for the new law. The physician must be a certified practicing West Virginia licensed physician; practicing in his/her area of expertise.
In this amendment the medical cannabis could not be purchased edible or smoked in this bill. Only oil, pills, topical forms (gels, creams, ointments), medical evaporations or nebulization, tincture, liquid, and dermal patch can be used according to this bill.
ID cards will be required for certification; there will be a $50 fee per year for the ID. Under this amendment will only be five permits for growers and 15 permits for dispensaries.
Fees in the Shott amendment include:
For a Grower/Processor:
· Initial Application Fee: $10,000 (nonrefundable)
· Permit fee: $100,000
· Renewal fee: $10,000 yearly
For a Dispensary:
· Initial Application Fee: $5,000 (nonrefundable)
· Permit Fee: $25,000
· Renewal fee: $5,000 yearly
· Relocation Fee: $250
There is no sales tax for patients. There is a 10 percent tax on grower or processer to dispensary. The taxes will go to the Medical Cannabis Program Fund, which will be divided as follows: 55 percent to bureau costs and the of the remaining 45 percent: 50 percent to the Fight Substance Abuse Fund, 40 percent to the Division of Justice and Community Services, and 10 percent to law enforcement professional training and professional development programs.
The dispensary must monitor distribution and report to Board of Pharmacy. The cannabis must be sold in a sealed safety package with clear labels and warnings.
The bill provides for criminal offenses for altering cannabis, having more cannabis than allowed, creating false ID cards, and more.
Part of the bill are made effective from passage, such as the set up. The criminal penalties are 90 days from passage. The industry would be fully operational by July 1, 2019.
Delegate Mike Pushkin (D-Kanawha) explained his amendment saying it has many of the safeguards that the Chairman’s has. There are more similarities than differences. He said instead of an advisory board, his amendment sets up a Commission to enact policy, with an executive director. It would still require legislative rule making, so there would still be legislative oversight.
He said his amendment allows for edibles and smoking of the cannabis, because he said, patients prefer these forms. He said there is also better control with the amount used by smoking it. The commission would set up limitation for edibles, such as items shouldn’t look like something else that kids would want. He said his amendment would also allow for those certified to have medical marijuana to have two flowering plants and two non-flowering plants to grow themselves if they cannot afford the cost of the cannabis.
His amendment allows the commission to come up with the number of licenses for growers, processors, dispensaries, and independent labs for testing. Pushkin said that in his amendment 10 percent of the licenses go to veterans. It also allows municipalities to enact ordinances prohibiting or limiting the number and type of cannabis dispensaries permitted within the municipality. He said the fees and limits would be set up by the commission.
Pushkin said that the industry is already in West Virginia. It’s the ranked 7th in the nation. He noted that the state doesn’t see a dime of the profits of this industry. He said “our bill brings everyone out of the shadows, allows them to produce legally, and taxes them.”
He said there’s an eight percent tax to processers and dispensaries. The taxes would be distributed as follows: 50 percent to the Fight Substance Abuse Fund, 40 percent to the Division of Justice and Community Services, and 10 percent for law enforcement professional development. In this amendment, there would also be a sales tax on all medical cannabis products sold by a dispensary, which would go to the general revenue fund.
He said his amendment includes the treatment of opioid abuse as a medical reason for use.
He said it’s important to note that this amendment has bi-partisan support and that the people who voted to push this legislation forward stand behind this amendment. He said his bill allows for reciprocity with other states, if the commission makes it a rule. Pushkin stated that if a person has been convicted of a felony, then he/she couldn’t work at a dispensary. He also said that his amendment allows for outdoor growing to help the Southern part of the state grow on reclaimed mine sites. He said, “we are the ones who actually believe in this.”
Delegate Larry Rowe (D-Kanawha) said that “I think the difference between the amendments is that one maintains the opioid monopoly. By charging $100,000 to growers and $25,000 for dispensaries, the Chairman’s amendment is restricting assess. He said the bill allows for “manufactured marijuana” such as pills, lotions, and patches. He stated that these are people that take over 20 medications and aren’t looking for more pills to take. He asked, why turn this over to the pharmacy manufactures? He said the Chairman’s amendment did nothing to benefit WV businesses or the budget.
Delegate Shawn Fluharty (D-Ohio) asked the Chairman to yield. He asked the statement “the government does not restrict the number of pharmacies” was correct. Shott said that was correct. He asked if it was correct that only four of 28 state that have medical marijuana do not allow smoking? Shott said that is correct. He spoke to the amendment saying that the black market for smoking will still exist. Not allowing smoking won’t stop smoking. He said, “Let’s not let big government ruin this opportunity.”
Delegate Geoff Foster (R-Putnam) said he would be voting for the Chairman’s amendment. He said he has issues with the Pushkin amendment. One being that it doesn’t say that the caregiver must grow the plant for the child. He said he doesn’t like that physicians can receive compensation. He reminded the body that “what we are doing is contradicting to federal law.” He said that the other amendment states that the state would have to cover lawsuits with the federal government, if it came to that.
Delegate John O’Neal (R-Raleigh) spoke in favor of the Shott amendment. He gave the example of a guy in California who had cancer and grew his own marijuana to smoke to help with the effect of the chemo. He said the plan the man had developed some fungi and the man died from smoking it.
Majority Leader Daryl Cowles (R-Morgan) said, “My concern is the availability and access to marijuana for explicit use.” He said the Shott amendment is the reasonable one, which “meets halfway.” He said the Chairman calls the other amendment the “Wild, Wild West.”
Minority Whip Mike Caputo (D-Marion) said we are only talking about four plants and now we are the wild, wild, West? He said “I’m not sure how many opioids you can have at a time, but I’m sure you can look at anyone’s medicine cabinet to find out.” He said he never thought he’d be around to see this debate. He said he’s proud that it is happening. He said it was very bold and brave for those who voted against their party to get this bill on the agenda.
Delegate Jordan Hill (R-Nicholas) said he rejects the Chairman’s amendment because he believes in free markets. “If we are going to ensure medical marijuana will be affordable for WV, we have to reject the Chairman’s amend.”
The Shott amendment passed 51-48. Other amendments are to come.
The House is in recess until 8 p.m.
Update:
Additional amendments can be found here. Six were rejected and nine adopted.
HB 2018 (the budget bill) was also received from committeed and read for a first time. There will be amendments allowed on 3rd reading for the bill.
