West Virginia Democrats Seek Ballot Measure for Cannabis Legalization

After years of blocked efforts, state Democrats file paperwork for public referendum on legalizing marijuana.

Published on Feb. 13, 2026

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After years of their legalization efforts being blocked by the Republican majority, West Virginia House Democrats have filed paperwork to bring a public referendum process to the state. Should it pass, West Virginians could gather signatures to place a referendum on a statewide ballot, allowing the people to directly choose whether they want to legalize cannabis.

Why it matters

This move by Democrats comes as neighboring states like Ohio and Pennsylvania have already implemented some form of cannabis legalization, putting pressure on West Virginia to catch up and potentially boost its economy through legal marijuana sales.

The details

Lead sponsor Shawn Fluharty said that cannabis legalization could help West Virginia compete with its neighbors, since both Ohio and Pennsylvania already have some form of legalization in the works. The public referendum process would allow West Virginia residents to directly vote on whether to legalize cannabis in the state.

  • On February 13, 2026, West Virginia House Democrats filed paperwork to bring a public referendum process on cannabis legalization to the state.

The players

Shawn Fluharty

The lead sponsor of the effort to put cannabis legalization on the ballot in West Virginia.

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What they’re saying

“Cannabis could help West Virginia compete with its neighbors like Ohio and Pennsylvania, since both already have some form of legalization in the works.”

— Shawn Fluharty, Lead sponsor (wboy.com)

What’s next

If the paperwork filed by West Virginia House Democrats is approved, the next step would be for residents to gather signatures to place a cannabis legalization referendum on a statewide ballot, allowing voters to directly decide the issue.

The takeaway

This effort by West Virginia Democrats represents a shift in the state's political landscape, as they seek to bypass the Republican-controlled legislature and give voters a direct say on legalizing cannabis, potentially helping the state keep pace with its neighbors that have already implemented some form of legalization.