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WHEELING -- Delegate Shawn Fluharty sees plenty of West Virginia coal and electricity being needed to power the marijuana industry if adult use of cannabis is legalized in the state.
Fluharty, D-Ohio, said a bill permitting recreational marijuana use will be re-introduced when the Legislature convenes for its 60-day regular session Jan. 9.
In 2017, he traveled to Colorado to get a view of the marijuana industry there. Among the things he first noticed was the large amount of fluorescent lighting needed at all hours to grow cannabis. Marijuana farms account for 2 percent of electric usage in Colorado.
"And what is powering the cannabis industry in Colorado? Wyoming coal," Fluharty said. "West Virginia coal will power cannabis. Legalization will put our workers back to work -- not just in the cannabis industry but the coal industry."
And while West Virginia leads the nation in rate of population loss, Nevada is one of the fastest-growing states, according to U.S. Census numbers. Fluharty attributes Nevada's growth to the legalization of cannabis.
"They know what makes their state competitive,' he said. "If West Virginia is going to compete in 2019, its leaders have to realize it's 2019 and not 1919 -- and quit running the state like it's 1919."
Under the measure proposed last year, individual counties in West Virginia would place a referendum before voters to decide whether to allow for the production and sale of adult use cannabis in that county. Regulation of recreational marijuana would be similar to that of alcohol under the bill. Possession of only 1 ounce or less of cannabis would be permitted. Individuals would have to show proof of age before purchasing cannabis, and the sale of cannabis to those under 21 would be prohibited. Driving under the influence of cannabis also would be illegal.
Marijuana in West Virginia would be tracked from "seed to sale, " and it would have to be grown, sold and utilized within the state's boundaries. The product also would be labeled and subject to additional regulations to ensure that consumers are informed and protected.
The marijuana sold also would be subject to taxation. Last year's bill called for a 15 percent excise tax on cannabis sold by a cannabis cultivation facility to a cannabis product manufacturing facility or to a retail cannabis store.
The bill stipulated that 50 percent of the tax revenue be deposited into the Public Employees Insurance Agency Stability Fund; 25 percent to the Fight Substance Abuse Fund; and 12.5 percent to the Division of Justice and Community Services for the purpose of training law enforcement; and the remaining 12 percent into the state's general fund. Additional point-of-sale taxation could be imposed at the county level under the legislation.
Law enforcement agents largely have expressed their opposition to adult use cannabis, and last year's legislation to legalize recreational marijuana failed to make it out of the House Health and Human Resources Committee.
Still, Fluharty thinks legalizing adult use cannabis should be considered by the Legislature.
"I can think of no other issue that touches all the bases," he said. "But they (House leaders) are scared to have the conversation or have the discussions. They're scared about their re-election, and not concerned that West Virginia competes in the new economy."
The Legislature approved medical marijuana for use in the state in 2017. Plans call for the substance to be available to those with prescriptions in July.