West Virginia: Charleston Adopts Citizens’ Initiated Measure Depenalizing Marijuana Possession

Members of the Charleston (population: 47,000) City Council amended and approved a citizens’ initiated municipal measure significantly reducing local penalties for low-level marijuana possession offenses.

The Charleston City Charter (Sec. 89) allows residents to introduce ordinances or amendments to the ballot by petition. Local activists gathered over 4,000 signatures in favor of the proposed measure. Council members had the option of voting on the measure or placing it on the November ballot.

As amended and approved, Bill No. 8039 removes fines and the threat of jail time for first-time low-level (possession of 15 grams or less) marijuana offenders. (West Virginia law classifies marijuana possession as a criminal misdemeanor, punishable by up to six months in jail and a $1,000 fine.) Those with prior convictions face fines between $250 and $500. Following payment (and/or the completion of any other terms set by the court), eligible defendants will have their criminal convictions dismissed. Others may file to have their convictions expunged within six-months.

The new law takes effect five days from now.

NORML’s Deputy Director Paul Armentano praised council members for moving ahead with the ordinance. “In jurisdictions where state lawmakers remain resistant to repealing outdated and overly punitive marijuana possession laws, petitioning for these sort of local changes is a viable way to provide immediate relief to thousands of consumers who would otherwise face potentially life-altering repercussions resulting from a marijuana arrest and criminal record.”

In recent years, over 120 localities have enacted municipal ordinances providing for significantly lower cannabis-related penalties than those provided under state laws. A detailed report of these ordinances is available from NORML.