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Crossover Day: West Virginia Senate sends slew of bills to House of Delegates

Senate Judiciary Committee Chairman Charles Trump said SB 220 would thoroughly regulate natural hemp-derived products. (Photo courtesy of WV Legislative Photography)

CHARLESTON — While the West Virginia House of Delegates spent most of Wednesday debating bill, the state Senate quickly dispensed with most of its legislative agenda for Crossover Day, saving the afternoon to debate bills.

The Senate passed 12 bills early Wednesday afternoon to the House, meeting a legislative deadline for bills in each chamber to be passed and sent to the other chamber before the session ends at midnight Saturday, March 11. Another five bills were debated later Wednesday evening.

To date, the Senate has sent 245 bills to the House since the session began on Jan. 11, with 14 bills completing legislative action and 13 Senate bills already signed into law by Gov. Jim Justice.

Bills discussed Wednesday evening included Senate Bill 220, the Industrial Hemp Development Act, passed in a 33-0 vote after several days of working out disagreements on the bill among Republican senators.

SB 220 creates the Hemp-derived Cannabinoid Regulation Act. The bill would regulate the selling of naturally-produced hemp products, such as Delta 8 and Delta 10 products, and outlaws synthetic hemp products. SB 220 would define Kratom and Kratom products also derived from hemp.

Stores would only be able to sell products tested and approved by the state Department of Agriculture. The Alcohol Beverage Control Commission would also be involved in the regulating of these products at stores. The products would be limited for sale to individuals age 21 or older.

The 2018 federal Farm Bill made certain naturally occurring hemp products — such as Delta 8, Delta 9 and Delta 10 — legal as long as their THC content is less than .03 percent on a dry weight basis.

The bill would levy a 15% sales tax on retail sales of these hemp-derived products, with a quarter of the tax produced going to the Fight Substance Abuse Fund, and with percentages going to the Department of Agriculture and the ABCA for enforcement. Licenses for new processors and retailers would pay a one-time fee of $2,500, with both paying a $1,000 annual fee, with funds going to the Department of Agriculture.

SB 220 includes criminal penalties for individuals for use or sell natural or synthetic hemp products. Individuals under the age of 21 in possession of natural or synthetic hemp-derived products could face a $1,000 fine or a year in jail for the first conviction and up to a $5,000 fine or between one and three years in prison for additional convictions. Anyone knowingly selling hemp-derived product contaminated with other substances could face a $10,000 fine and between two and 10 years in prison.

“The fact that we’re establishing in this bill criminal offenses for the unlawful conduct with respect to these products means that we’re going to have enforcing it all of the law enforcement that there is in West Virginia,” said Senate Judiciary Committee Chairman Charles Trump, R-Morgan. “This is a significant, robust regulatory regime.”

A related bill, Senate Bill 546, updates certain compounds from the state’s controlled substance list. The bill passed 33-0. State Sen. Mike Stuart, R-Kanawha, is a former U.S. Attorney and an outspoken opponent of expanding the use of drugs. But he said that both SB 220 and SB 546 were “strong” bills that would thoroughly regulate these new products.

“I think it’s a comprehensive approach; it’s a smart approach,” Stuart said. “Perhaps it will help us not allow kids, young people, to not go down the path of addiction. This bill and SB 546 are important bills that could change the path of chaos and misery, I think, for thousands in the future.”

Senate Bill 737, creating a moratorium on carbon capture agreements, passed in a 33-0 vote. The bill would place a 60-day moratorium on any private carbon capture agreements, prohibiting any contract or agreement for the selling or leasing of property for use in carbon storage, carbon capture, carbon sequestration, or similar projects for economic gain.

An amendment offered by Senate Finance Committee Chairman Eric Tarr, R-Putnam, would make it so the 60-day moratorium would not apply for geological sequestration or carbon storage unless that sequestration or storage would interfere with coal, oil, or natural gas production.

“This gives the Legislature time to come in and put the brakes on something that is happening incredibly fast in West Virginia right now … to make sure we can secure the economy of West Virginia going forward,” Tarr said. “This gives the Legislature time to come in and look at all the facets of this issue.”

The Senate also passed Wednesday evening Senate Bill 581, amending provisions of 2023 Farm Bill, in a 33-0 vote; and Senate Bill 740 relating to compensation and expense reimbursement for members of Legislature, in a 26-7 vote.

Steven Allen Adams can be reached at sadams@newsandsentinel.com

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