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Pushkin introduces bill to legalize marijuana in WV

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By Eric Eyre

Delegate Mike Pushkin, D-Kanawha, and five other state lawmakers have a solution for West Virginia's budget crisis: Legalize marijuana.

The House of Delegates members - Democrats as well as Republicans - are sponsoring a bill (HB 114) that would decriminalize the personal use, growing and possession of marijuana by anyone over 21 years of age.

Pushkin said he realizes the bill has zero chance of passing - it was assigned to three House committees, the kiss of death for most pieces of legislation - but he sees the bill as a conversation starter.

"It's an industry that already exists here, and we don't get a single dime from it," said Pushkin, who introduced the bill last week during the legislative special session to address West Virginia's massive budget shortfall.

Colorado, Washington, Alaska and Washington, D.C., have legalized marijuana for recreational use in recent years.

Colorado's tax revenue grew by $56 million in 2014 after voters approved a tax on marijuana sales. Last year, that revenue grew to $113 million. This year's revenue is on pace to top $140 million.

"Whenever we bring [legalized marijuana] up here, people snicker and chuckle," Pushkin said. "But nobody's laughing at the people of Colorado, who are able to fully fund higher education and Medicaid. They're not having the types of budget issues in Colorado that we're having here."

Pushkin said he doesn't know how much tax revenue legalized marijuana would generate in West Virginia. He's requested that analysis as part of a "fiscal note" attached to his bill. He said he predicts savings, as well.

"It's not just the taxes," Pushkin said. "It's the amount the state would save by not arresting and incarcerating people."

Other delegates sponsoring the bill are: Michael Folk, R-Berkeley; Pat McGeehan, R-Hancock; Sean Hornbuckle, D-Cabell; Bill Flanagan, R-Monongalia; and Shawn Fluharty, D-Ohio.

"There are a lot of other [House members] who support it, but they're not quite willing yet to say it out loud," Pushkin said.

Pennsylvania recently became the 24th state to legalize medicinal marijuana. Maryland also has decriminalized medicinal marijuana. Pushkin expects Ohio to follow.

West Virginia doesn't allow marijuana use for medical reasons.

"It's going to be an issue in the very near future, with our residents going to spend their money in other states," Pushkin said.

West Virginia has a $270 million budget shortfall, so legalized marijuana alone isn't going to fix the problem. But marijuana taxes could provide a steady stream of revenue in a state hit hard by a downturn in coal production and natural gas prices, Pushkin said.

"People have been growing it here for years, and our state's in a desperate situation," he said. "I'd like to continue to be able to fund essential services without drastically raising taxes."

For now, Pushkin's bill remains parked in the House Health Committee.

"I'm not under any illusion that House Speaker Tim Armstead will let this bill see the light of day," Pushkin said. "But in a time of financial crisis, all options need to be on the table, and I'm glad to be able to start the conversation."

Reach Eric Eyre at ericeyre@wvgazettemail.com, 304-348-4869 or follow @ericeyre on Twitter.


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