Charleston, West Virginia City Council Approves Marijuana Decriminalization Ordinance 20 to 5

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The Charleston City Council has approved an ordinance to modify the city’s municipal code to reduce penalties associated with the possession of small amounts of marijuana.

Today, the Charleston City Council passed Bill No. 8039, introduced by Councilmembers Chad Robinson and Frank Annie, by a vote of 20 to 5. The proposed law eliminates fines for first-time offenders possessing under 15 grams of marijuana, provided they haven’t had any drug-related convictions in the past year. For those caught a second time, a fine of $250 will be imposed, with fines rising to a maximum of $500 for third and subsequent offenses.

The path to Bill 8039’s approval included extensive discussion and revisions. It was initially discussed in a Committee on Ordinance & Rules meeting in early July and revisited in a subsequent council meeting where it caused some confusion about whether it would legalize marijuana in Charleston, leading to its return to the committee.

Last Thursday, the Committee on Ordinance & Rules met to refine the bill’s language.

“It does not legalize marijuana. Marijuana can only be legalized by the federal government and the state government”, said Councilmember Robinson before the full council’s vote. “It does not reschedule marijuana, the federal government and the state government can only do that. The committee substitute does not decriminalize possession of marijuana, and it does not change any charges taken by county sheriff or state police to the Magistrate Court.”

The bill is set to take effect just five days after its passage.

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