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West Virginia Democrats, led by State Delegate Shawn Fluharty, are preparing to introduce a bill to legalize adult-use cannabis to compete with neighboring states. Due to previous legislative stagnation, lawmakers are also considering a constitutional amendment or a public referendum process to allow voters to decide on the reforms.

Cannabis Legalization Bill Expected Soon in West Virginia 

Feb 17, 2026

Source:

TG Branfalt

Ganjapreneur

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Democrats in West Virginia are planning to introduce a bill to legalize
cannabis for adult use. State Del. Shawn Fluharty, the bill’s primary
sponsor, told WV News that draft legislation is nearly ready and will be
introduced soon, arguing the reforms are necessary as “neighboring states
are spiking the football” on West Virginia, “especially when it comes to
cannabis.”

“It’s not in West Virginia because the Republican supermajority has failed
to listen to West Virginians and failed to compete. … The people in Ohio
said, ‘We want this,’ and made their legislators act. We can’t even do that
in West Virginia because no public referendum exists.” — Fluharty to WV News

Fluharty noted that Wintersville, Ohio – a village of fewer than 4,000
residents near the West Virginia border – is generating about $1 million
annually for its community fund from cannabis revenues.

Democratic lawmakers in the state have proposed similar legislation for
several years, but the proposals have failed to even receive a committee
hearing, Fluharty said. He explained that lawmakers are seeking alternative
pathways for the reforms, including proposing a constitutional amendment
that would put a legalization question before voters and introducing
legislation to create a public referendum process in West Virginia.

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