With the failure of the bill, the future of the state’s medical cannabis program has become uncertain, particularly in the face of a letter released by West Virginia State Treasurer John Perdue Marc
CHARLESTON — As the legislative session ended Saturday night, time for the House to consider a bill to make adjustments to the state medical cannabis program ran out, leading to the bill’s death.
The bill, HB 4345, did not make it back to the House floor after the Senate heavily amended the version first passed Feb. 28. The Senate passed its version of the bill around 7 p.m. Saturday, and, despite efforts from some House democrats, the bill was not brought to the full House for consideration.
HB 4345 had a number of changes and additions to the medical cannabis program based on recommendations from the Medical Cannabis Advisory Board, a group established by West Virginia Department of Health and Human Resources’ Bureau for Public Health.
The Senate Judiciary Committee amended the bill before it went to the full Senate for consideration. This version included a number of changes to the program, set to begin in the summer of 2019, including:
• Decriminalizing the possession of marijuana;
• Allowing dispensaries to deliver marijuana to patients’ homes;
• Instructing the Bureau of Public Health to promote a rule allowing dispensing of smokable marijuana, which is not available in the current program; and
• Requiring the bureau to issue permits to 100 dispensaries around the state.
Once the bill came before the full Senate, however, all of these except the permits were taken out and the number of permits was reduced by half.
The bill passed the Senate in a 26-7 vote, with one absence.
Some attribute the bill’s failure to flaws in the bill. House Communications Director Jared Hunt said that, though he did not have all the facts, the bill appeared flawed and there was not enough time to patch it.
With the failure of the bill, the future of the state’s medical cannabis program has become uncertain, particularly in the face of a letter released by West Virginia State Treasurer John Perdue March 1.
The letter, addressed to Gov. Jim Justice, legislative leaders and other state officials, explains concerns Perdue has on funds that come through the medical cannabis program in light of the current federal stance on the issue.
Perdue worried that businesses could be in violation of federal law and subject to prosecution should they engage in activity relating to cannabis.
“Simply stated, all banks are subject to federal law, whether the bank is a state-chartered bank or a national bank,” Purdue said in the letter. “Because cannabis (marijuana) is an illegal drug under the Controlled Substance Act, financial institutions could potentially be violating federal law by accepting moneys derived from the cannabis industry, even if authorized by state law.”
Under the previous administration, President Obama issued an instruction, which later came to be known as “the Cole memo,” to federal attorneys that they should not prosecute those who distribute medical marijuana if it is legal under state law.
However, current Attorney General Jeff Sessions has undone this policy and put emphasis back on federal law.
By Michael Lemley – WV News
Photo by Rusty Marks
