Criminal Justice (Drug Policy)

in committee · West Virginia · Senate Feb 18, 2026

SB 984: Clarifying that petition to restore firearms rights may include right to serve on jury

SB 984 allows individuals petitioning to restore their right to possess firearms to also request restoration of their right to serve on a jury in the same application. It automatically restores both firearms possession and jury service rights for certain nonviolent felons without requiring a separate petition. The bill clarifies eligibility for these petitions, specifies court authority to grant these rights, and mandates the Attorney General to publish public guidance on the process. This law directly affects West Virginia residents with prior felony convictions who seek to regain civil rights related to firearms and jury service.

Topics ✓ Criminal JusticeSupports Criminal JusticeRestores civic rights (jury service) alongside firearm rights for nonviolent felons, reducing barriers to reintegration and aligning with criminal justice reform goals.95% confidence

Sub-Topics Civil Rights Courts Drug Policy

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in committee · West Virginia · House of Delegates Feb 5, 2026

HJR 37: Amending Constitution to allow for possession, manufacture and sale of cannabis

HJR 37 proposes a constitutional amendment to legalize cannabis for adults 21 and older in West Virginia. It would allow possession of up to two ounces of cannabis or four plants per person, permit the legislature to regulate sales and manufacturing, and require courts to dismiss or expunge prior convictions for small-quantity possession. This amendment requires voter approval at the 2026 general election to take effect. If approved, it would directly affect adults 21+ and individuals with past cannabis possession convictions. The bill does not establish specific regulations but authorizes the legislature to create them.

Topics ✓ Criminal JusticeSupports Criminal JusticeExpunges prior small-quantity possession convictions and reduces criminalization of cannabis, directly advancing criminal justice reform by reducing recidivism and protecting civil rights.95% confidence

Sub-Topics Drug Policy

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failed · West Virginia · Senate Mar 12, 2026

SB 963: Protecting due process in firearm confiscation

SB 963 requires courts to hold a full adversarial hearing with the respondent present and represented by counsel before issuing a protective order that prohibits firearm possession in domestic violence cases. It mandates that such restrictions can only be imposed if the court finds clear and convincing evidence of an immediate danger (e.g., documented threats or sworn testimony), not as punishment. The bill also requires automatic appeals for respondents within 10 days if firearm restrictions are included in the order. This directly affects individuals facing domestic violence protective orders in West Virginia, changing the process for firearm-related restrictions. The law aims to balance safety concerns with due process by setting higher evidentiary standards before restricting gun access.

Topics ✓ Criminal JusticeSupports Criminal JusticeRequires adversarial hearing with counsel before firearm restrictions, strengthening due process protections in criminal domestic violence cases.95% confidence

Sub-Topics Domestic Violence Drug Policy Firearms

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in committee · West Virginia · House of Delegates Feb 5, 2026

HB 5261: Relating generally to forfeiture of contraband

HB 5261 updates West Virginia's laws on seizing property involved in criminal activity. It specifies that when someone is convicted of a crime involving contraband (such as drugs, tax-evading tobacco, or equipment used to manufacture illegal substances), the court can order forfeiture of the crime's proceeds, property traceable to those proceeds, and items used to commit the crime (like vehicles, containers, or records). The bill includes new protections for innocent property owners, such as allowing vehicle owners to keep their property if they didn’t know it was used for illegal activity. It also establishes clear rules for handling seized property, including requirements for returning property to owners and restrictions on selling forfeited items.

Topics ✓ Criminal JusticeSupports Criminal JusticeBill adds protections for innocent property owners in forfeiture proceedings, aligning with civil rights safeguards in criminal justice reform.85% confidence

Sub-Topics Courts Drug Policy

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in committee · West Virginia · House of Delegates Feb 3, 2026

HB 5146: Relating to drug scheduling

HB 5146 would amend West Virginia's drug scheduling law to remove marijuana, psilocybin, and tetrahydrocannabinols (THC) from Schedule I, the most restrictive category for controlled substances. This change would move these substances to a less restrictive classification under the state's Uniform Controlled Substances Act. The bill directly affects how these specific substances are legally treated in West Virginia, removing their current Schedule I status. It does not address medical or recreational use but changes their regulatory classification. The bill was introduced by Delegate Young and referred to the Health and Human Resources and Judiciary committees.

Topics ✓ Criminal JusticeSupports Criminal JusticeRemoves marijuana, psilocybin, and THC from Schedule I, reducing criminal penalties and advancing drug policy reform within criminal justice framework.90% confidence

Sub-Topics Drug Policy

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in committee · West Virginia · Senate Jan 27, 2026

SB 634: Legalizing adult consumption of cannabis

SB 634 would legalize cannabis consumption for adults aged 21 and older in West Virginia, allowing possession of up to one ounce. It establishes a regulatory framework including county-option elections to permit cannabis manufacturing and sales, requires age verification for purchases, and maintains prohibitions on sales to minors and driving under the influence. The bill creates a licensing system for cannabis businesses, authorizes excise and local sales taxes, and directs tax revenues to a new Cannabis Transfer Tax Fund. Employers and property owners would retain the right to prohibit cannabis use, and the bill explicitly states it does not affect the existing Medical Cannabis Act.

Topics ✓ Budget & TaxesSupports Budget & TaxesBill authorizes excise and local sales taxes on cannabis, directing revenues to a fund, creating new tax revenue stream for fiscal management.95% confidence ✓ Criminal JusticeSupports Criminal JusticeLegalizes cannabis possession, reducing criminal penalties and aligning with criminal justice reform by decreasing arrests for non-violent offenses.95% confidence

Sub-Topics Drug Policy

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in committee · West Virginia · Senate Jan 14, 2026

SJR 5: Cannabis Legalization Amendment

SJR 5 proposes a constitutional amendment to allow adults 21 and older in West Virginia to possess up to two ounces of cannabis or four plants for personal use. It would authorize the state legislature to create regulations for cannabis sales and manufacturing, and require courts to dismiss or expunge prior convictions for possessing small amounts of cannabis. This amendment must be approved by voters in the 2026 general election before taking effect. If approved, it would enable future legislation to establish a regulated cannabis market while clearing past minor cannabis-related records.

Topics ✓ Criminal JusticeSupports Criminal JusticeRequires courts to dismiss/expunge prior cannabis possession convictions, directly advancing criminal justice reform by reducing unnecessary criminal records.95% confidence

Sub-Topics Drug Policy

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in committee · West Virginia · House of Delegates Jan 15, 2026

HB 4371: Relating to legalizing cannabis production, sales and adult consumption

HB 4371 would legalize cannabis possession of up to one ounce for adults aged 21 and older and allow for regulated production, sales, and consumption in counties that approve it through local referendums. The bill establishes a licensing system for cannabis businesses through the Bureau for Public Health and requires counties to hold votes before permitting sales. It creates a new excise tax on cannabis products, directs tax revenue to a dedicated fund for public purposes, and preserves existing laws prohibiting cannabis use while driving under the influence or for minors. The legislation explicitly states it does not alter West Virginia’s current medical cannabis program.

Topics ✓ Budget & TaxesSupports Budget & TaxesCreates new excise tax on cannabis with revenue directed to dedicated public fund, advancing fiscal management for public purposes.95% confidence ✓ Criminal JusticeSupports Criminal JusticeLegalizes cannabis possession, reducing criminal penalties for non-violent offenses and aligning with criminal justice reform goals of decreasing unnecessary arrests and incarceration.95% confidence

Sub-Topics Revenue Sales Tax Drug Policy

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in committee · West Virginia · House of Delegates Jan 14, 2026

HB 4049: Relating to the creation of the Criminal Forfeiture Process Act replacing the West Virginia Contraband Forfeiture Act

HB 4049 replaces West Virginia's existing Contraband Forfeiture Act with a new Criminal Forfeiture Process Act specifically for property used in or derived from felony drug crimes (violations of the Controlled Substance Act). It establishes a criminal court process for forfeiture (replacing civil forfeiture), defines key terms like "contraband" (unlawful items such as drugs without prescription) and "innocent owner" (a person unaware of property use in crime), and prohibits offering seized property to federal agencies for federal forfeiture. The bill clarifies that courts handling the underlying criminal case have jurisdiction over forfeiture proceedings, and it explicitly states no property rights exist in contraband. This procedural bill directly affects law enforcement agencies, criminal defendants, and property owners involved in drug-related felony cases.

Topics ✓ Criminal JusticeSupports Criminal JusticeShifts forfeiture from civil to criminal process, requiring conviction and protecting innocent owners, aligns with criminal justice reform principles.90% confidence

Sub-Topics Courts Drug Policy Law Enforcement

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in committee · West Virginia · Senate Jan 14, 2026

SB 35: Limiting liability of employers for persons whose criminal records are expunged

This bill (SB 35) limits employer liability when an employee's criminal record for drug addiction-related offenses or diseases is expunged. It requires the state to create a database tracking these expungements and mandates courts to check this database in cases involving such employees. Employers are not required to provide health insurance or cover health care costs related to drug addiction or addiction-related diseases if the employee's record was expunged. The law specifically applies to employees participating in "return to work initiatives" for recovering addicts and does not affect employers' obligations for non-addiction-related issues.

Topics ✓ Criminal JusticeSupports Criminal JusticePromotes criminal justice reform by facilitating expungement benefits and reducing employment barriers for individuals with expunged drug addiction-related records.95% confidence ✗ HealthcareOpposes HealthcareBill explicitly exempts employers from covering drug addiction-related healthcare costs when criminal records are expunged, restricting employer health coverage obligations.85% confidence ✗ Labor & EmploymentOpposes Labor & EmploymentBill removes employer obligation to cover drug addiction health care costs for expunged records, weakening worker benefits and protections.85% confidence

Sub-Topics Drug Policy Insurance Substance Abuse

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