West Virginia Senator Files Legislation to Reschedule Marijuana, Moving it to Schedule III
- West Virginia Senate Bill 809 proposes moving marijuana from Schedule I to Schedule III under state law, acknowledging its medical use and reducing criminal penalties.
- The bill, introduced by Senator Tom Takubo, aims to align the state’s marijuana classification with expected federal changes and existing medical perspectives.
- Schedule I substances are currently defined as having no accepted medical use and high abuse potential, while Schedule III substances have accepted medical uses and are regulated accordingly.
- The bill does not create or expand marijuana programs but changes the legal classification, potentially affecting criminal law, medical policy, and regulatory language in West Virginia.
A bill filed today in the West Virginia Senate would significantly change how the state classifies marijuana by moving it from Schedule I to Schedule III under state law, a shift that would formally recognize medical use and reduce the severity of how it is treated in criminal statutes. The move is meant to align with an incoming change in marijuana’s federal classification. Senate Bill 809, introduced by State Senator Tom Takubo (R), was filed for introduction on February 6 and immediately referred to the Senate Health and Human Resources Committee. The proposal is straightforward but consequential: it amends West Virginia code to reschedule marijuana and its synthetic and natural derivatives from Schedule I to Schedule III.
Under current law, Schedule I substances are defined as having no accepted medical use and a high potential for abuse. By contrast, Schedule III substances are recognized as having accepted medical uses while still being regulated. If approved, the change would align West Virginia’s statutory classification of marijuana more closely with how many physicians, patients, and policymakers now view the substance, particularly in light of the state’s existing medical marijuana program.
The bill does not create a new program or expand access on its own. Instead, it alters the legal foundation that determines how marijuana is categorized throughout state code. That change could have implications for how marijuana is referenced in criminal law, medical policy, and regulatory language moving forward.