The bill introduced on January 15, 2026, seeks to amend the Code of West Virginia by establishing a new article that legalizes the production, sale, and adult consumption of cannabis for individuals aged 21 and older. Under this legislation, adults can possess up to one ounce of cannabis and cannabis products. It also sets up a framework for county referendums to authorize local production and sales, with the Bureau for Public Health responsible for licensing and regulating cannabis establishments. The bill preserves existing laws related to employment, vehicle operation, and underage use, while clarifying that it does not alter the West Virginia Medical Cannabis Act.

Key provisions of the bill include the establishment of a special excise tax on cannabis sales and the creation of a Cannabis Transfer Tax Fund, with specific allocations for various state funds. The bill mandates that all revenues from cannabis licensees be deposited into this fund, which will be an interest-bearing account. Additionally, it outlines procedures for county commissions to conduct referendums on cannabis legalization and specifies licensing requirements for cannabis-related businesses. The legislation also emphasizes public safety by allowing employers to maintain policies against cannabis use in the workplace, prohibiting driving under the influence of cannabis, and restricting access for individuals under 21. Overall, the bill aims to legalize cannabis while ensuring compliance with health and safety standards and maintaining existing laws.

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