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.
