The resolution proposes an amendment to the Constitution of West Virginia, specifically adding a new section to Article IV that would legalize the possession, manufacture, and sale of cannabis for adults aged 21 and older. Under this proposed amendment, individuals would be allowed to possess up to two ounces of cannabis or cultivate up to four individual plants. Additionally, the West Virginia Legislature would have the authority to create laws governing the sale and manufacturing of cannabis within the state.
Furthermore, the amendment includes provisions for the expungement of prior cannabis-related convictions, allowing individuals with convictions for possession of two ounces or less to petition for dismissal of their records in the circuit court of the county where the conviction occurred. This proposed amendment, designated as "Amendment No. 1" and referred to as the "Cannabis Legalization Amendment," will be presented to voters in the upcoming general election in 2026 for ratification or rejection.