Criminal Justice (Drug Policy)

HB 4051 amends West Virginia law to allow certain nonviolent offenders to possess firearms by removing specific convictions from the list of prohibited offenses. It clarifies that convictions for drug offenses under §60A-4-401-403 (not classified as violent crimes) no longer bar firearm rights, and individuals in recovery from substance use disorders for at least one year regain rights (excluding those in MAT treatment). The bill also reinforces that law enforcement cannot infringe on the right to bear arms under the Second Amendment and state constitution. It directly affects people previously barred due to nonviolent drug convictions or substance use disorder history. The change takes effect after the specified waiting periods or recovery periods, without altering restrictions for violent offenses or domestic violence convictions.

HB 4458, known as "Joel’s Law," creates a legal process for involuntary treatment of individuals with substance use disorders who pose an imminent danger to themselves or others. It requires a petition from a family member, friend, or guardian to a West Virginia Circuit Court, accompanied by a guarantee to cover treatment costs, and sets strict criteria: the person must have a substance use disorder, present an immediate danger, and be likely to benefit from treatment. The bill establishes a 72-hour emergency treatment option and a formal court process for 60- to 360-day treatment orders, including medical examinations and a hearing within 14 days. This law directly affects individuals meeting these specific danger criteria and their families, while ensuring procedural safeguards like court oversight and cost accountability.