HB 3434 West Virginia House of Delegates · 2025 Regular Session

Relating to the controlled substance schedules and to clean-up errors identified in the code sections

HB 3434 amends West Virginia's controlled substance schedules to correct errors and update the list of substances classified under Schedule I (the most restrictive category). The bill adds specific fentanyl analogs (like alpha-methylfentanyl and 3-methylfentanyl), opium derivatives (such as heroin and morphine), and hallucinogens (including 2C-B and NBOMe compounds) to Schedule I. This change affects individuals who possess or use these substances, as well as law enforcement and courts in handling related cases. The bill does not create new penalties but ensures accurate legal classification of controlled substances under state law.

Issues: ✗ Criminal Justice

Bill status signed all 5 stages cleared

Introduction

Mar 2025

Committee Review

Apr 2025

House of Delegates Passage

Mar 2025

Senate Passage

Apr 2025

Signed into Law

Jul 2025

Introduced Mar 17, 2025 Signed Jul 22, 2025

Maddy AI version diff · 2 comparisons

What changed between versions

Engrossed Version → Enrolled Version · 5 edits · Apr 25, 2025

MODERATE

This bill significantly expands West Virginia's controlled substance schedules, particularly Schedule I, to include hundreds of new synthetic drugs, fentanyl analogs, and synthetic cannabinoids that were previously unlisted or only partially covered. The changes modernize the state's drug laws to address emerging substances that pose public health risks, including new synthetic opioids, designer drugs, and specific cannabinoid receptor agonists. The bill also clarifies exemptions for certain medical research and lawful products while maintaining existing schedules for traditional drugs.

Scope change

The bill substantially broadens the scope of controlled substances from a limited list to include comprehensive categories of synthetic drugs, fentanyl analogs, and new psychoactive substances that were previously not explicitly listed in West Virginia law.

SCOPE

Added extensive lists of synthetic opioids, fentanyl analogs, and synthetic cannabinoids to Schedule I, including specific compounds like carfentanil, various nitazenes, and numerous JWH-series synthetic cannabinoids

Expanded Schedule I to include specific synthetic cathinones (bath salts), benzodiazepines, and other designer drugs not previously explicitly listed

Included specific exemptions for lawfully manufactured products under existing medical regulations and approved medical research

DEFINITION

Added comprehensive definitions for synthetic cannabinoid receptor agonists and expanded the language covering chemical analogs and derivatives

REQUIREMENT

Added detailed scheduling for new substances with specific chemical names, trade names, and structural descriptions to ensure comprehensive coverage

Introduced Version → Engrossed Version · 10 edits · Apr 11, 2025

MAJOR

The bill significantly expanded Schedule I of the West Virginia controlled substances code by adding numerous new synthetic opioids, hallucinogens, depressants, stimulants, and synthetic cannabinoids. It also updated Schedules II through V with new substances and modified some existing entries to reflect current drug trends and federal scheduling standards. These changes matter because they update state law to address emerging drugs of abuse that were not previously controlled under West Virginia law.

Scope change

The bill expands the scope of controlled substances across all five schedules, with the most significant additions occurring in Schedule I to include new synthetic opioids and designer drugs.

SCOPE

Added extensive list of new synthetic opioids to Schedule I including benzethidine, brorphine, clonitazene, and various fentanyl analogs and derivatives

Added comprehensive list of new hallucinogenic substances to Schedule I including various tryptamines, synthetic cannabinoids, and other psychoactive compounds

Added new depressants to Schedule I including gamma-hydroxybutyric acid (GHB), various benzodiazepines, and other sedative substances

Added new stimulants to Schedule I including substituted amphetamines, cathinones, and other psychoactive stimulants

Added new synthetic cathinones and opioid receptor agonists to Schedule I with specific chemical definitions

Added various nitazene derivatives and related compounds to Schedule I including butonitazene, etodesnitazene, flunitazene, and others

Updated Schedule II to include new opioids like oliceridine, thiafentanil, and additional fentanyl derivatives

Updated Schedule III to include new depressants, anabolic steroids, human growth hormones, and additional substances

Updated Schedule IV to include new depressants like daridorexant, lemborexant, zuranolone, and other substances

Updated Schedule V to include new substances like ezogabine, ganaxolone, lacosamide, brivaracetam, gabapentin, pregabalin, cenobamate, and lasmiditan

Floor votes · Senate Apr 11, 2025 · House of Delegates Mar 27, 2025

How they voted

33–0

Passed

Total votes 33

Apr 11, 2025

D Democratic2

2 Yea

100% Yea

R Republican31

31 Yea

100% Yea

Vote distribution

All Yea All Nay Mixed No data

Full legislative history

Actions timeline

Total actions

Key actions

Committee

Amendments

Apr 25, 2025

Signed into law

Approved by Governor 4/25/2025

lower

Apr 12, 2025

Signed into law

Approved by Governor 4/25/2025 - Senate Journal

upper

Apr 12, 2025

Signed into law

Approved by Governor 4/25/2025 - House Journal

lower

Apr 11, 2025

Upper · Passed

Passed Senate (Roll No. 505)

upper

Apr 10, 2025

Upper · Passed

Reported do pass

upper

Apr 8, 2025

Committee

On second reading, rereferred to Judiciary

upper

Apr 8, 2025

Committee

Without recommendation, but first rereferred to Judiciary

upper

Mar 29, 2025

Committee

To Judiciary

upper

Mar 29, 2025

Introduced

Introduced in Senate

upper

Mar 27, 2025

Lower · Passed

Passed House (Roll No. 222)

lower

Mar 26, 2025

Amended

Amendment rejected (Roll No. 201)

lower

Mar 26, 2025

Introduced

Amendment reported by the Clerk

lower

Mar 24, 2025

Lower · Passed

Do pass

lower

Mar 17, 2025

Committee

To House Judiciary

lower

Mar 17, 2025

Introduced

Introduced in House

lower

Mar 17, 2025

Committee

To Judiciary

lower

1 primary · 0 co-sponsors