SB 34 West Virginia Senate · 2026 Regular Session

Establishing 3-year mandatory prison sentence for person convicted of illegal possession of Schedule I and Schedule II drugs

This bill (SB 34) creates a mandatory 3-year prison sentence for anyone convicted of illegally possessing Schedule I or II controlled substances (excluding cannabis). It applies to possession offenses, with exceptions for people who were incidentally exposed to the substances or forced to possess them. First-time offenders may qualify for conditional discharge, and the bill specifies that cannabis possession is not covered by this new sentencing requirement. The law amends existing West Virginia drug statutes to enforce these penalties.
Bill status in committee 1 of 4 stages cleared
Introduction
Jan 2026
Committee Review
Floor Vote
Governor
Introduced Jan 14, 2026 Last action Jan 14, 2026
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Full legislative history

Actions timeline

Total actions
4
Key actions
0
Committee
2
Jan 14, 2026
Committee
To Judiciary
upper
Jan 14, 2026
Introduced
Introduced in Senate
upper
Jan 14, 2026
Committee
To Judiciary then Finance
upper
1 primary · 0 co-sponsors

Sponsors

Role
Legislator
Party
State
District
P
Photo of Eric Tarr
Eric Tarr
RRepublican
WV
4