5 Things to Know About West Virginia’s Marijuana Legalization Bill

The West Virginia House introduced HB 2331 which would legalize recreational marijuana. The bill was introduced by Mick Bates, a democrat, who is on the Finance and Health Committees. West Virginia enacted the West Virginia Medical Cannabis Act in 2017. However, the Bureau of Medical Health is not able to issue the patient and caregiver cards needed to obtain medical marijuana until July 1, 2019.

Below are five (5) important facts that you should know about West Virginia’s efforts for legalize recreational marijuana:

  • The legislation allows county commissions to determine whether to opt in to recreational marijuana by placing a question on a ballot on whether the production and sale of marijuana should be legal. If voters approve approve, licenses for the production and sale of marijuana may be issued. The county and municipalities will collect a 5% special sales tax on all retail cannabis sales.

  • The Bureau of Public Health must adopt the rules necessary for the implementation of recreational marijuana by July 1, 2019.

  • State application fees are capped at $5,000 per application and $500 for medical marijuana entities.

  • The state will charge an excise tax of 15% on marijuana sold by a cultivator to a processor or a retail store.

  • Retail stores must collect a 6% local sales tax that is split between the county and the county’s municipalities.

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