City board OKs ordinance removing jail penalty for 15 grams or less of marijuana

Nov. 30—BLUEFIELD — City officials have approved an ordinance removing the jail penalty for motorists caught transporting 15 grams of marijuana or less from Virginia into West Virginia.

However, the change doesn't mean that marijuana can be smoked on the Virginia side of city park, or in open public, according to the city.

The ordinance was approved on a second reading Tuesday by the Bluefield Board of Directors. It was proposed earlier this month in response to the legalization of recreational marijuana in neighboring Virginia.

The new ordinance removes the incarceration penalty of up to 30 days in jail for anyone caught transporting 15 grams or less of marijuana into a city street in Bluefield. However, the ordinance retains all other penalties, including a fine of up to $1,000.

The state line border runs through the city with motorists crossing into West Virginia and Virginia on a daily basis. So the legalization of marijuana in Virginia has created a problem for neighboring Bluefield, W.Va.

"Because of us being a border town — the city of Bluefield and the town of Bluefield and the ways in which our roads weave both in and out of both Virginia and West Virginia — Stadium Drive comes to mind as one of the prime examples — it causes problems for people in Virginia who have lawfully obtained marijuana, and have traveled into the state of West Virginia and the city of Bluefield," City Attorney Anthony Heltzel said during Tuesday's board meeting. "So it's still illegal in the city of Bluefield, however the potential penalties of up to 30 days in jail will be removed."

In response to a question about city park, which is partially located in Virginia, Bluefield Police Chief Dennis Dillow said marijuana usage in public is still illegal.

Dillow said signage would need to be posted — if it isn't already up at city park — informing visitors that marijuana is not legally allowed at the city-owned park.

"It should be posted to where it is not allowed, just like the consumption of alcohol is not allowed," Dillow said. "So if that is the case, then we would contact the Bluefield, Va. Police Department and have it enforced properly."

When asked about the issue Wednesday, Heltzel said signage at city park would likely be modified to say that both alcohol and marijuana usage is prohibited.

"Regardless of whether the park is in Virginia or West Virignia, none of that matters because it is still illegal to consume it in public," Heltzel said Wednesday.

Dillow also clarified during Tuesday's board meeting that even those who have a legal medical marijuana card are expected to use the medical marijuana inside of their own homes and not in public.

"It's not to be done in open public," Dillow said of medical marijuana usage.

The Virginia General Assembly voted in 2021 to legalize marijuana for adult recreational use, but retail sales of the legalized marijuana aren't scheduled to begin until January 2024. Under the law, possessing up to an ounce (28.3 grams) of marijuana is legal in Virginia.

In other business Tuesday, City Manager Cecil Marson said the specialty order safety fencing for the pedestrian walkway on the new Grant Street Bridge is expected to arrive either today or Friday.

As of Wednesday, the West Virginia Department of Highways had not yet received the fencing, Marson said.

Once the fencing arrives, Marson said it will still take a DOH contractor a couple of weeks to install it.

The pedestrian walkway and safety fencing must be completed before the new bridge can open to traffic.

Marson said he talks to the DOH "almost every day" about the Grant Street Bridge project.

The original Grant Street Bridge, which was built in 1941, connected East End and North Side residents with Princeton Avenue and the downtown area. It was closed in June 2019 when it failed a state safety inspection. Since the former bridge's closure and demolition, residents have had to use a narrow and winding road to connect with the outside area. A community campaign calling for a new bridge was eventually successful. In October 2020, Gov. Jim Justice announced a $10 million grant for the project.

In other businesses Tuesday, Bluefield Economic Development Authority Administration Executive Director Jim Spencer said the annual Small Business Saturday campaign in Bluefield was a success.

According to Spencer, 23 businesses participated in Small Business Saturday this year with 28 businesses donating a prize to be included in the raffle. He said six young entrepreneurs ages 18 and under also participated in the first youth entrepreneur pop-up shop and Alorica/Intuit hosted their first open house and pop-up shop as well.

— Contact Charles Owens at cowens@bdtonline.com

— Contact Charles Owens at cowens@bdtonline.com. Follow him @BDTOwens