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West Virginia: Support decrim and legalization this session!

Jan 21, 2026

adult-use legalization, constitutional amendment, decriminalization bill, West Virginia


West Virginia: Support decrim and legalization this session!

Senator Mike Woelfl (D-WV) has filed bills to decriminalize marijuana possession and to put a constitutional amendment on the ballot to legalize cannabis for adults! Senator Woelfl has repeatedly been a champion of filing positive cannabis reforms. 

If you live in West Virginia, ask your legislators to enact much-needed cannabis reform!

The decriminalization bill, SB 100, would: 

  • Reduce the penalty for possession of under 15 grams to a fine of no more than $25, removing the possibility of jail time.
  • Downgrade the offense from a criminal misdemeanor to a civil violation.

Under existing law, possession of even a small amount of cannabis is a criminal offense carrying up to 90 days in jail and/or a fine of up to $1,000.

The legalization constitutional amendment, SJR5, would place a measure on the ballot that, if approved by voters, would:

  • Allow adults 21 and older to legally possess and grow no more than 2 ounces of cannabis or up to 4 plants per person.
  • Provide that any prior convictions for possession of two ounces or less of cannabis could be dismissed and/or expunged.
  • Direct the legislature to regulate cannabis sales.

In 2024, the FBI Uniform Crime Report found 1,729 arrests in West Virginia for simple marijuana possession.