Criminal Justice (Drug Policy)

in committee · West Virginia · House of Delegates Jan 14, 2026

HB 4049: Relating to the creation of the Criminal Forfeiture Process Act replacing the West Virginia Contraband Forfeiture Act

HB 4049 replaces West Virginia's existing Contraband Forfeiture Act with a new Criminal Forfeiture Process Act specifically for property used in or derived from felony drug crimes (violations of the Controlled Substance Act). It establishes a criminal court process for forfeiture (replacing civil forfeiture), defines key terms like "contraband" (unlawful items such as drugs without prescription) and "innocent owner" (a person unaware of property use in crime), and prohibits offering seized property to federal agencies for federal forfeiture. The bill clarifies that courts handling the underlying criminal case have jurisdiction over forfeiture proceedings, and it explicitly states no property rights exist in contraband. This procedural bill directly affects law enforcement agencies, criminal defendants, and property owners involved in drug-related felony cases.

Topics ✓ Criminal JusticeSupports Criminal JusticeShifts forfeiture from civil to criminal process, requiring conviction and protecting innocent owners, aligns with criminal justice reform principles.90% confidence

Sub-Topics Courts Drug Policy Law Enforcement

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in committee · West Virginia · Senate Jan 14, 2026

SB 35: Limiting liability of employers for persons whose criminal records are expunged

This bill (SB 35) limits employer liability when an employee's criminal record for drug addiction-related offenses or diseases is expunged. It requires the state to create a database tracking these expungements and mandates courts to check this database in cases involving such employees. Employers are not required to provide health insurance or cover health care costs related to drug addiction or addiction-related diseases if the employee's record was expunged. The law specifically applies to employees participating in "return to work initiatives" for recovering addicts and does not affect employers' obligations for non-addiction-related issues.

Topics ✓ Criminal JusticeSupports Criminal JusticePromotes criminal justice reform by facilitating expungement benefits and reducing employment barriers for individuals with expunged drug addiction-related records.95% confidence ✗ HealthcareOpposes HealthcareBill explicitly exempts employers from covering drug addiction-related healthcare costs when criminal records are expunged, restricting employer health coverage obligations.85% confidence ✗ Labor & EmploymentOpposes Labor & EmploymentBill removes employer obligation to cover drug addiction health care costs for expunged records, weakening worker benefits and protections.85% confidence

Sub-Topics Drug Policy Insurance Substance Abuse

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in committee · West Virginia · House of Delegates Jan 21, 2026

HB 4662: Creating additional sentences for convicted inmates who test positive for illegal substances or who are found to be in possession of illegal or controlled substances

HB 4662 would add penalties for West Virginia inmates found in possession of illegal drugs or testing positive for drug use while incarcerated. For a first offense, it mandates adding six months to an inmate's current sentence (to be served consecutively), and for each subsequent offense, it requires adding one year consecutively. The bill also requires drug testing to begin after three months of incarceration, with ongoing testing based on equipment availability or suspicion. This law directly affects inmates in West Virginia correctional facilities who test positive or possess drugs during their sentence.

Topics ✗ Criminal JusticeOpposes Criminal JusticeAdds mandatory sentence extensions (6 months/yr) for drug offenses in prison, increasing penalties without rehabilitation focus95% confidence

Sub-Topics Corrections Drug Policy

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in committee · West Virginia · Senate Jan 14, 2026

SB 117: Creating program to reward citizens for information on drug trafficking

SB 117 creates a reward program for West Virginia residents who provide information leading to arrests for drug trafficking. The program is funded by a one-cent excise tax on each purchase of opioid antagonists (like naloxone) and fentanyl test strips, with revenue directed to a special account managed by the West Virginia State Police. Citizens reporting drug trafficking information will receive rewards paid from this account, and the rewards are exempt from taxation. The bill also includes privacy protections for informants and defines key terms like "opioid antagonist kits" and "test strips."

Topics ✓ Budget & TaxesSupports Budget & TaxesCreates one-cent excise tax on opioid meds to fund drug trafficking reward program, explicitly using taxation to fund a state program.95% confidence ✓ Criminal JusticeSupports Criminal JusticeCreates law enforcement reward program for drug trafficking, directly supporting enforcement efforts under Criminal Justice through citizen reporting incentives.95% confidence

Sub-Topics Sales Tax Drug Policy Policing

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in committee · West Virginia · Senate Jan 14, 2026

SB 36: Making syringe exchange services programs unlawful

Senate Bill 36 makes syringe exchange programs illegal in West Virginia, prohibiting any program where individuals can access sterile needles without a prescription. It requires all existing syringe exchange programs to cease operations by the bill's effective date, with a 120-day transition period allowed only for referrals to treatment - no syringes may be exchanged during this time. Harm reduction services like overdose prevention education, wound care, and opioid antagonist distribution remain permitted, provided they do not include syringe exchanges. Violators face civil penalties of up to $2,500 per day, and the state health office can seek court orders to enforce the law.

Topics ✗ Criminal JusticeOpposes Criminal JusticeBans syringe exchanges, removing harm reduction services linked to criminal justice reform efforts that reduce drug-related offenses and promote public health over criminalization.85% confidence ✗ HealthcareOpposes HealthcareBill explicitly prohibits syringe exchange programs, a harm reduction healthcare service, restricting access to public health initiatives focused on disease prevention and overdose response.95% confidence

Sub-Topics Courts Drug Policy Substance Abuse

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passed · West Virginia · House of Delegates Feb 12, 2026

HB 4466: Extend the public intoxication of alcohol code to include being under the impairment of narcotics in public

HB 4466 expands West Virginia's public intoxication law to include impairment from narcotics. It amends §60-6-9 to define "intoxicated" as covering impairment from controlled substances (narcotics), not just alcohol, when appearing in public. This makes it a misdemeanor for individuals to be publicly impaired by narcotics, punishable by fines ($5-$100) or mandatory education programs for first offenses. The law directly affects people appearing in public while impaired by narcotics, with penalties increasing for repeat violations. The change clarifies enforcement standards for law enforcement and judicial officers.

Topics ✗ Criminal JusticeOpposes Criminal JusticeExpands criminalization of public narcotic impairment, increasing misdemeanor charges for non-alcohol intoxication, opposing reform by broadening penalties.90% confidence

Sub-Topics Drug Policy Law Enforcement

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in committee · West Virginia · Senate Jan 14, 2026

SB 34: Establishing 3-year mandatory prison sentence for person convicted of illegal possession of Schedule I and Schedule II drugs

This bill (SB 34) creates a mandatory 3-year prison sentence for anyone convicted of illegally possessing Schedule I or II controlled substances (excluding cannabis). It applies to possession offenses, with exceptions for people who were incidentally exposed to the substances or forced to possess them. First-time offenders may qualify for conditional discharge, and the bill specifies that cannabis possession is not covered by this new sentencing requirement. The law amends existing West Virginia drug statutes to enforce these penalties.

Topics ✗ Criminal JusticeOpposes Criminal JusticeMandates 3-year prison for drug possession (excluding cannabis), increasing mandatory sentences and expanding criminalization, opposing reform indicators.95% confidence

Sub-Topics Corrections Drug Policy Sentencing

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in committee · West Virginia · House of Delegates Jan 14, 2026

HB 4032: Establish quick response teams to work with drug users who are arrested

HB 4032 would establish quick response teams (QRTs) under West Virginia's Office of Drug Control Policy to assist individuals with substance use disorders who are arrested and experiencing drug-related medical emergencies. These teams would provide immediate support and connect arrested individuals to treatment options at regional jails or treatment facilities, working directly with law enforcement and health services. The bill requires the Office of Drug Control Policy to develop this program by coordinating with health care providers, emergency services, and law enforcement, effective July 1, 2026. This policy change aims to create a direct pathway to recovery for people with substance use disorders following an arrest.

Topics ✓ Criminal JusticeSupports Criminal JusticeEstablishes QRTs to connect drug users to treatment upon arrest, reducing punitive measures and advancing rehabilitation in criminal justice reform.95% confidence ✓ HealthcareSupports HealthcareCreates QRTs to connect arrested individuals with substance use disorders to treatment, improving access to healthcare services for mental health/substance abuse.95% confidence

Sub-Topics Drug Policy Law Enforcement Mental Health Substance Abuse

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in committee · West Virginia · Senate Jan 14, 2026

SB 100: Amending penalty of simple marijuana possession from misdemeanor crime to civil violation

This bill changes penalties for possessing less than 15 grams of marijuana from a criminal misdemeanor to a civil violation. It affects individuals caught with small amounts of marijuana for the first time, replacing potential jail time (up to 1 year) or criminal records with a flat civil fine of up to $25. The key change is moving simple possession under 15g from criminal prosecution to a non-criminal penalty, as specified in Section (c) of the bill. This applies only to marijuana possession, not other drug offenses or larger quantities.

Topics ✓ Criminal JusticeSupports Criminal JusticeMoves simple marijuana possession from criminal misdemeanor to civil fine, reducing criminal records and jail time - aligns with reform goals of reducing recidivism and protecting civil rights.95% confidence

Sub-Topics Corrections Drug Policy

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in committee · West Virginia · House of Delegates Jan 30, 2026

HB 4988: To impose a life sentence on fentanyl dealers

HB 4988 would impose a life sentence on individuals convicted of knowingly distributing fentanyl, either alone or mixed with other substances. This amendment to West Virginia’s drug law specifically increases penalties for fentanyl trafficking under §60A-4-401(a)(i), replacing standard prison terms with life imprisonment when the dealer knew the substance was fentanyl. It directly affects convicted fentanyl dealers (not users or other drug offenses) who meet the "knowing" threshold. The bill targets fentanyl specifically, as other drug offenses retain lower penalties under the existing code.

Topics ✗ Criminal JusticeOpposes Criminal JusticeMandates life sentence for fentanyl dealers, increasing penalties and opposing sentencing reform by expanding mandatory harsher sentences.95% confidence

Sub-Topics Corrections Drug Policy

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