Marijuana Policy Project

The legislature began the second half of the 2009-2010 session on January 13. Unfortunately, seriously ill West Virginians who use medical marijuana are still considered criminals. West Virginia is one of the 37 states where the seriously ill can still be arrested, prosecuted, and thrown in jail for following doctors' recommendations to use marijuana to treat their symptoms.

So far, not a single legislator has had the courage to introduce legislation to protect medical marijuana patients from arrest. The deadline to introduce new bills is February 22. Sick and dying West Virginians need your help to ensure legislators will act to protect patients in 2010. You can start by contacting your legislators today and asking them to introduce legislation that protects the seriously ill. The more legislators hear from people like you, the more likely they are to pass effective medical marijuana laws. 

New Bill Seeks to Increase Penalties for Marijuana Possession

Delegates Richard Iaquinta (D-Clarksburg) and Joseph Talbott (D-Webster Springs) introduced H.B. 2496, which would create a presumption that anyone who possesses at least 45 grams (or about 1.5 ounces) of marijuana intends to distribute it, despite no real evidence to suggest that someone intended to distribute the marijuana. Currently, possession of any amount of marijuana is a misdemeanor with a penalty of 90 days to six months in jail and up to $1,000 in fines. If H.B. 2496 becomes law, anyone who possesses more the 45 grams would be guilty of felony possession with intent to deliver, resulting in a one- to five-year prison sentence, and up to $15,000 in fines. Please contact your legislators and urge them to oppose this bill. Tell them they need to force prosecutors and police to do their jobs by actually proving that offenders intend to distribute marijuana before subjecting them to incredibly harsh felony penalties.

Learn more about West Virginia

West Virginia ranks fourth in the nation (tied with nine other states) for maximum sentences for possession of an ounce of marijuana, and African Americans in West Virginia are arrested for marijuana possession at nearly 7 times the rate of whites. You can learn more about West Virginia reading this short but detailed report by Jon Gettman, Ph.D.

Are you a patient, medical professional, or other opinion leader?

If you are a medical professional, a law enforcement officer, a member of the clergy, or a patient who could benefit from the medical use of marijuana, please e-mail state@mpp.org to find out more about what you can do to help medical marijuana patients. Be sure to mention that you live in West Virginia in your e-mail.

In order to move forward with marijuana policy reform, there needs to be an open discussion about the issue throughout the state. An excellent way to get the discussion started is by writing a letter to the editor of your local paper. It's imperative that legislators see the widespread support that exists for medical marijuana legislation.

To stay updated on the status of marijuana policy reform in West Virginia, be sure to subscribe to MPP's free legislative alert service, if you haven't done so already.