MORGANTOWN, W.Va. – When commissioners in Monongalia County rejected additional regulations for medical cannabis dispensaries it was the first practical test of newly passed Senate Bill 12.
Senate Bill 12 gives elected members of city councils and county commissions and other local government units more oversight over actions, rules and regulations enacted by local county health boards. At the time, lawmakers said the bill would allow more local input to potentially controversial issues.
All three Monongalia County commissioners wrote letters in opposition of the bill while lawmakers debated on the premise they did want to second guess medical doctors or scientists.
Executive director of the Association of County Commissioners in the state Jennifer Piercy said she similar concerns about second guessing medical professionals from other commissioners.
“When Senate Bill 12 was passed during the 2021 legislative session we had a lot of questions come up,” Piercy said,” Particularly from commissioners and county administrators on how this was going to work and if there was any process or procedure in place.”
Commissioners rejected regulations for medical marijuana dispensaries that were over and above the Medical Cannabis Act passed in 2017 and amended in 2021 legislative session. Commissioners unanimously rejected the regulations saying they were more strict than state law and the local board did not have the authority.
Additionally, the commission will draft a document that details each step of the process to evaluate the regulations and why they were rejected. The document will be read into the record and signed by the commissioners.
“This was really beneficial for us to watch this whole process,” Piercy said,” Because out group has been working with commissioners and administrators on how to put together some sort of structure to this, how to get our arms around it- some sort of guidance.”
After the regulations were passed by the health department in late May, the commission and county health board held a two-hour work session. Following that, commissioners reviewed dispensary facts from other states and get advice from their legal counsel.
According to Piercy, this was a very orderly process that seemed to include all those who wanted to be included.
“The opportunity for public comment and you also had the opportunity for commissioners to take their time, get legal opinions and really evaluate the situation” Piercy said,” I think this is a great first step for us.”
The Monongalia County commission use of Senate Bill 12 will be one case study, but Piercy said much more complex possibilities could come in the future.
“We have the Mid-Ohio Valley Health Department- it’s several counties,” Piercy said,” So, you could have a situation where a rule is passed, but you might have different entities passing or not passing or approving these rules.”
Due to the lack of guidance or precedence available, the action taken in Morgantown will be a case study for the application of the new law.
“This is great because it’s a starting off point, it’s got good structure to it,” Piercy said,” We’ll be able to use this moving forward because I feel like it’s been very diligent.”
Along with Piercy, all three Monongalia County commissioners said health officials and elected leaders across the state are watching how the process unfolds in Morgantown.