West Virginia House Bill HB2245

West Virginia 2025 Regular Session

• Introduced: 2/12/25
• Refer: 2/12/25

Caption

Relating to authorizing the Department of Health to promulgate a legislative rule relating to the general provisions of the Medical Cannabis Program

Summary

HB2245 is a rule-authorizing bill that approves a legislative rule for the West Virginia Department of Health governing the general provisions of the Medical Cannabis Program. The bill does not itself create a new cannabis program or substantially rewrite the underlying medical cannabis statute; instead, it gives legal effect to a previously filed administrative rule, 64 CSR 109, that was modified to address objections from the Legislative Rule-Making Review Committee and then refiled. In practical terms, the bill allows the Department of Health to move forward with implementing and administering the medical cannabis program under the updated rule framework. Because the measure is limited to authorizing the rule, its main legal effect is to validate the agency’s regulatory authority and make the rule enforceable under state law. The bill is tied to the existing statutory authority in §16A-3-1 and the rulemaking process under West Virginia’s legislative rule system.

Impact

HB2245 amends and reenacts §64-5-1 of the West Virginia Code to authorize a specific Department of Health legislative rule concerning the Medical Cannabis Program. Its impact is to incorporate the rule into state law approval, thereby affecting the Department’s ability to administer licensing, compliance, and other general program provisions under 64 CSR 109. The bill primarily affects the Department of Health, medical cannabis patients, dispensaries, growers, processors, and other regulated participants in the program by confirming the governing regulatory framework.

Sentiment

The available record shows no committee transcript, vote tally, or recorded debate, so there is no direct evidence of opposition or support in the materials provided. Based on the bill’s narrow, technical purpose, the measure appears to be a routine administrative authorization rather than a controversial policy change. The fact that the rule was revised to meet objections from the Legislative Rule-Making Review Committee suggests the underlying regulatory language was reviewed and adjusted before introduction.

Contention

No specific points of contention are documented in the provided materials. The only identifiable issue is the legislative review process itself: the Department of Health’s rule was modified to address objections from the Legislative Rule-Making Review Committee before being refiled. That indicates any disagreement likely centered on the details of the medical cannabis regulations rather than on whether the program should exist or whether the department should have rulemaking authority.