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.
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.
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.
HB 5599 would make possessing fentanyl a felony offense, replacing its current misdemeanor classification. Under the bill, anyone found with fentanyl without a valid prescription could face up to 15 years in prison, a $25,000 fine, or both. The bill specifically targets fentanyl - a synthetic opioid - and applies to all possession, regardless of quantity, directly affecting individuals caught with the drug. This change amends West Virginia law to impose stricter penalties for fentanyl possession, aligning it with penalties for other serious controlled substances.
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.
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.
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.
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.
HB 4147 makes it unlawful for anyone under 21 to possess or use tobacco products in West Virginia. The bill imposes escalating penalties for violations: a $50 fine and eight hours of community service for a first offense, increasing to $200 and 24 hours for third or subsequent offenses. It includes an exception allowing minors assisting with tobacco compliance inspections to avoid penalties. The law directly affects individuals under 21 who possess or use tobacco products, with no mention of additional exemptions beyond the inspection exception.
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.
