The proposed bill seeks to legalize the production, sale, and adult consumption of cannabis in West Virginia by introducing a new article to the state code. It permits adults aged 21 and older to possess up to one ounce of cannabis and establishes a framework for counties to hold referendums to authorize cannabis production and sales. The bill outlines procedures for county commissions to conduct these elections, and upon approval, allows for the licensing of cannabis-related businesses, including cultivation and retail facilities, regulated by the Bureau for Public Health. A special excise tax on cannabis sales will be created, with revenues allocated to a newly established Cannabis Transfer Tax Fund for public benefit, while existing laws regarding employment, vehicle operation, and underage use are preserved.

Additionally, the bill mandates that all revenues from cannabis licensees be deposited into the Cannabis Transfer Tax Fund, which will be an interest-bearing account. Specific allocations for the generated revenue include 50% to the Public Employees Insurance Agency Stability Fund, 25% to the Fight Substance Abuse Fund, and 12.5% each to the Division of Justice and Community Services and the General Fund for state employee pay raises. The legislation maintains employers' rights to regulate cannabis use in the workplace, prohibits driving under the influence of cannabis, and restricts cannabis transfer to individuals under 21. It also allows property owners to limit cannabis-related activities on their premises and clarifies that the bill does not affect the rights of medical cannabis patients or the operation of medical cannabis centers.

Statutes affected:
Introduced Version: 16A-17-1, 16A-17-2, 16A-17-3, 16A-17-4, 16A-17-5, 16A-17-6, 16A-17-7, 16A-17-8, 16A-17-9