WEST virginia legislature

2019 regular session

ENROLLED

House Bill 2459

By Delegates Shott, Capito, Kessinger, Mandt, Fleischauer, Pushkin, Byrd, Robinson, S. Brownf and Lovejoy

[Passed February 20, 2019; in effect ninety days from passage.]

AN ACT to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated 9-2-3a, relating to exercising authority to exempt individuals domiciled within the state from certain restrictions contained in federal law and exempting persons convicted of certain offenses from the prohibition against receiving supplemental nutrition assistance program benefits.

Be it enacted by the Legislature of West Virginia:

ARTICLE 2. COMMISSIONER OF HUMAN SERVICES; POWERS; DUTIES AND RESPONSIBILITIES GENERALLY.

9-2-3a. Authorized exemption from federal law; exceptions.


Pursuant to the authority and option granted by 21 U.S.C. 862a(d)(1)(A) to the states, West Virginia exempts all individuals domiciled within the state from the application of 21 U.S.C. 862a(a)(2) unless the offense of conviction has as an element thereof misuse of supplemental nutrition assistance program benefits, loss of life, or the causing of physical injury.