West Virginia Executive Spring 2018 | Page 41

HB 4187 HB 4345 By Rachel Coffman By Dr. Rahul Gupta FIREARMS AT WORK MEDICAL CANNABIS SENATE: 32-1  HOUSE: 87-11 SENATE: PASSED  HOUSE: DIED With the passage of House Bill (HB) 4187, known as the Busi- ness Liability Protection Act, West Virginia became one of 20 states prohibiting both public and private employers from es- tablishing no firearm policies on employer-owned parking lots. HB 4187 was heavily supported by the National Rifle Asso- ciation and the West Virginia Citizens Defense League, which argued the bill allows more protection for employers. The bill was heavily opposed by many due to workplace safety con- cerns and intrusion on private property rights. The business community and many delegates expressed concern about the constitutionality of requiring religious or- ganizations to adhere to the bill’s provisions, while the West Virginia Manufacturers Association, West Virginia Business & Industry Council, West Virginia Chamber of Commerce, aviation institutions and other businesses suggested the state’s manufacturing facilities should be able to retain their current policies prohibiting firearms on-site due to hazardous and flammable materials that could pose a safety risk if ignited. Language to address both of these concerns was proposed but was not adopted. The bill was signed into law on March 21, 2018. Signed into law in 2017, Senate Bill (SB) 386, the West Vir- ginia Medical Cannabis Act, allows patients registered with a physician and the Department of Health and Human Resources to use medical cannabis and buy it from regulated dispensaries. In 2018, the Legislature debated several changes to the act, including increasing the number of grower, processer and dis- pensary permits issued; authorizing the vertical integration of medical cannabis organizations; allowing medical cannabis to be grown outdoors by licensed growers; authorizing the pos- session and smoking of medical cannabis by approved persons; repealing the physician registration requirement; and autho- rizing medical cannabis sales in edible and plant-based forms. House Bill (HB) 4345 amended SB 386 to include several recommendations from the Medical Cannabis Advisory Board. The most significant was a provision authorizing the state trea- surer’s office to designate a credit union for medical cannabis banking functions. Without this amendment, many banking vendors are unwilling to handle permit fees generated by the program because the possession, sale and use of marijuana is still illegal under federal law. The Senate passed HB 4345, but the bill died in the House.  Serving the Energy and Manufacturing Sector – with Offices Throughout West Virginia Chris Deweese Miri Hunter Bob Newton Morgantown 304-554-3371 Charleston 304-343-4126 Parkersburg 304-485-6584 WWW.WVEXECUTIVE.COM SPRING 2018 39