West Virginia's cannabis industry could get an upgrade with new legislation

Jan. 19—FAIRMONT — Cannabis is getting the old college try again in the West Virginia State Legislature.

Del. Evan Hansen, D-79, introduced HB-4873 into the House of Delegates, which seeks to establish a framework under which adults over the age of 21 can legally consume cannabis products in the state of West Virginia. Del. Joey Garcia, D-76, of Fairmont, is a cosponsor on the bill.

"Cannabis, I think, in many ways can be less dangerous than alcohol, which is regulated," Garcia said. "And we've seen other states like Colorado lead the way. The scary stories about what would happen have not transpired. And it has been something that's been an economic driver."

Ohio has already passed a referendum to legalize the regulation of cannabis, Garcia said. He said other states have already led the way and West Virginia needs to not be last like it often is.

The bill maintains a prohibition on driving under the influence of cannabis, and bans its use for people under the age of 21. Similar to alcohol laws, adults interested in purchasing cannabis products would have to present ID in order to obtain it. Possession of one ounce or less of cannabis would be legal, as would manufacture, transport, packaging or display up to the same amount.

The law provides legal language around the requirements for operating a non-medical cannabis dispensary. Current medical dispensaries would have to file for an additional license if they wanted to expand their operations beyond medical cannabis.

Voters could also approve if they want cannabis sold or manufactured in their counties. The bill provides a way for county commissions to put the matter up for public vote in either a primary or general election.

Although it's not clear what the bill's chances are in the legislature, Senate President Craig Blair seemed open to the discussion. One of Blair's main focuses this year is dealing with fentanyl, to the extent he wants to reintroduce the death penalty in West Virginia for distribution of the drug. One of the dangers of marijuana obtained illicitly is it might be laced with fentanyl.

"Because of the fentanyl being laced on the marijuana, that becomes a big, big problem," Blair said at a preview event held by the West Virginia Press Association on Jan. 5. "My gut tells me it might not happen this year, but you're going to see it sooner rather than later because that is a way to combat that(fentanyl) issue. That's the best I can tell you."

The proliferation of marijuana in bordering states and Blair's visual sighting of West Virginia license plates at dispensaries across state lines also signal to him that the issue is one "you cannot turn your back on."

At the same event, House Minority Leader Sean Hornbuckle added that it was time to protect West Virginians by managing cannabis in the state, as well as take advantage of the economic benefits.

Garcia is optimistic about the bill's chances. Despite the issue not being one that has had the support of the legislative leadership in either the House or Senate, Garcia believes that if the bill could make it out of committee then it would pass the legislature in a floor vote.

"I believe that with the sentiments of the Senate President, I know we have a number of seven new members since last year," Garcia said. "I mean, there's somewhat of a change. And I'd like to think that there's a shot this year to get it on an agenda and try to pass it."

On the other hand, Del. Mike DeVault, R-74, of Pleasant Valley, believes the bill faces strong headwinds impeding its passage. DeVault's primary concern is that something as simple as the lack of an impairment test similar to one for alcohol introduces a curveball that leads to a tangled regulatory nightmare for employers.

"Personally, I don't think it's gonna go anywhere," DeVault said. "One of the major problems — even though the legislature may legalize it, may create revenue, just as that first paragraph said — to do a lot of the work in West Virginia is still governed by federal regulations. For instance, to work anywhere around natural gas production, transportation of gas, gas lines, compressor stations, falls under the U.S. Department of Transportation. They require drug testing."

The lack of a test which can determine cannabis use within a short period of time makes it difficult for employers to know if cannabis played a role in a workplace accident, DeVault said. Traces of cannabis can remain within stored fat deposits in the human body, leading to its detection up to a month after the drug's high has cleared. Contrast that with alcohol, which clears the system after 24 hours, and 72 hours for extremely heavy use.

DeVault also warned of other blowback effects the bill might lead to. Using Colorado as an example, he said the state's high taxes on cannabis has led to an illicit market in an effort to avoid the tax markup.

Although DeVault isn't opposed to recreational use, he is concerned that without an accurate test to rule out cannabis use in a workplace or road injury, the bill is simply not ready for primetime.

"Everyone says, if you smoke a joint on Friday night, by Wednesday if you have a wreck, it shouldn't matter," he said. "But if my family got killed and you tested positive for THC, I'm gonna have that doubt in my mind."

However, Garcia argues that the benefits from taxation and decriminalizing cannabis would help residents throughout the state. He said one of the areas legislators have looked at are helping Public Employee Insurance Premiums. The other major area cannabis tax would go to is toward substance abuse treatment. Decriminalizing would also help with the overcrowded prison situation that the state currently has. The county option also gives residents at the local level some measure of control over the distribution of cannabis.

One other thing to consider is that medical dispensaries don't currently meet the breadth of pain relief needs that exist in the community. Bill Naumoff, NewLeaf North Central Regional Manager, in White Hall, said that the list of approved ailments for medical cannabis is shorter than that of other states.

"West Virginians are finding relief with medical cannabis that is quality control tested and legal through the West Virginia Medical Cannabis program," Greg Kennedy, owner of NewLeaf, said. "The current medical cannabis program meets the needs of many but not all. NewLeaf supports legislative efforts that would make all forms of cannabis quality controlled, tested and legal for all West Virginians."

Naumoff said cannabis is due for the same type of revolution caffeine had in the 15th century. Caffeine helped make longer work hours in Europe possible without causing a severe detriment to human health, he said. With the pain relief possibilities cannabis provides, it might do the same for productivity here in the U.S.

One more area that legalization might help with are second amendment rights. Naumoff said cannabis can be a gray area for West Virginians around firearms. West Virginia has traditionally relied on firearms for hunting and protection. However, that has not stopped West Virginians from seeking cannabis for pain relief for chronic conditions.

"With it going recreational, that might give them an opportunity to come out from, literally, the woods, and get the relief that they need," Naumoff said.

Reach Esteban at efernandez@timeswv.com