WEST virginia legislature

2023 regular session

House Joint Resolution 21

By Delegates Hornbuckle, Fluharty, Skaff, Young, Kirby, Garcia, Dean, Bridges, Smith, Pushkin, and McGeehan

January 26, 2023

Referred to the Committee on Health and Human Resources and then to the Committee on the Judiciary

Proposing an amendment to the Constitution of the State of West Virginia, amending article IV thereof by adding thereto a new section, designated section thirteen, relating to the possession, manufacture, and sale of cannabis by adults 21 years of age or older; the expungement of criminal records as it pertains to cannabis convictions; numbering and designating the proposed amendment; and providing a summarized statement of the purpose of such proposed amendment.

Resolved by the Legislature of West Virginia, two thirds of the members elected to each house agreeing thereto:

That the question of ratification or rejection of an amendment to the Constitution of the State of West Virginia be submitted to the voters of the state at the next general election to be held in the year 2024, which proposed amendment is that article IV thereof, be amended by adding thereto a new section, designated section thirteen, to read as follows:

ARTICLE IV.

§13. Possession, manufacture, and sale.

The possession of cannabis for purposes of consumption by adults 21 years of age or older shall be lawful in quantities of no more than two ounces, or four individual plants per person. The Legislature may enact laws relating to lawful sales and manufacturing of cannabis in this state. Any prior conviction for possession of two ounces or less of cannabis is subject to dismissal or expungement by petition to the circuit court in the county where the conviction occurred.

Resolved Further, That in accordance with the provisions of §3-11-1 et seq. of the Code of West Virginia, 1931, as amended, such amendment is hereby numbered "Amendment No. 1" and designated as the "Cannabis Legalization Amendment" and the purpose of the proposed amendment is summarized as follows:

To allow citizens to possess for personal consumption up to two ounces, or up to four plants of cannabis; to allow the Legislature to regulate the manufacture and sale of cannabis; and to provide dismissal and expungement of prior convictions for possession of cannabis."

NOTE: The purpose of this resolution is to propose an amendment to the State Constitution that would legalize cannabis possession; allow for the manufacture and sale of cannabis to be authorized by the Legislature; and allow the expungement and dismissal of convictions thereto.

Strike-throughs indicate language that would be stricken from a heading or the present law and underscoring indicates new language that would be added.