Criminal Justice (Drug Policy)

SB 117 creates a reward program for West Virginia residents who provide information leading to arrests for drug trafficking. The program is funded by a one-cent excise tax on each purchase of opioid antagonists (like naloxone) and fentanyl test strips, with revenue directed to a special account managed by the West Virginia State Police. Citizens reporting drug trafficking information will receive rewards paid from this account, and the rewards are exempt from taxation. The bill also includes privacy protections for informants and defines key terms like "opioid antagonist kits" and "test strips."

HB 4032 would establish quick response teams (QRTs) under West Virginia's Office of Drug Control Policy to assist individuals with substance use disorders who are arrested and experiencing drug-related medical emergencies. These teams would provide immediate support and connect arrested individuals to treatment options at regional jails or treatment facilities, working directly with law enforcement and health services. The bill requires the Office of Drug Control Policy to develop this program by coordinating with health care providers, emergency services, and law enforcement, effective July 1, 2026. This policy change aims to create a direct pathway to recovery for people with substance use disorders following an arrest.

This bill changes penalties for possessing less than 15 grams of marijuana from a criminal misdemeanor to a civil violation. It affects individuals caught with small amounts of marijuana for the first time, replacing potential jail time (up to 1 year) or criminal records with a flat civil fine of up to $25. The key change is moving simple possession under 15g from criminal prosecution to a non-criminal penalty, as specified in Section (c) of the bill. This applies only to marijuana possession, not other drug offenses or larger quantities.

HB 4051 amends West Virginia law to allow certain nonviolent offenders to possess firearms by removing specific convictions from the list of prohibited offenses. It clarifies that convictions for drug offenses under §60A-4-401-403 (not classified as violent crimes) no longer bar firearm rights, and individuals in recovery from substance use disorders for at least one year regain rights (excluding those in MAT treatment). The bill also reinforces that law enforcement cannot infringe on the right to bear arms under the Second Amendment and state constitution. It directly affects people previously barred due to nonviolent drug convictions or substance use disorder history. The change takes effect after the specified waiting periods or recovery periods, without altering restrictions for violent offenses or domestic violence convictions.

HB 4458, known as "Joel’s Law," creates a legal process for involuntary treatment of individuals with substance use disorders who pose an imminent danger to themselves or others. It requires a petition from a family member, friend, or guardian to a West Virginia Circuit Court, accompanied by a guarantee to cover treatment costs, and sets strict criteria: the person must have a substance use disorder, present an immediate danger, and be likely to benefit from treatment. The bill establishes a 72-hour emergency treatment option and a formal court process for 60- to 360-day treatment orders, including medical examinations and a hearing within 14 days. This law directly affects individuals meeting these specific danger criteria and their families, while ensuring procedural safeguards like court oversight and cost accountability.