Pushkin tries to get marijuana classification changed

CHARLESTON, W.Va. — A supporter of legalizing marijuana for recreational use tried to get the drug transferred to a Schedule IV drug during Tuesday’s floor session in the House of Delegates.

Delegates were considering HB 2878 on second reading. It’s one of those annual bills that lawmakers are required to pass to sync the state with federal government regulations. The bill deals with how drugs are listed.

Delegate Mike Pushkin, D-Kanawha, attempted to have marijuana moved from Schedule I, which includes heroin, LSD and Bath Salts, to Schedule IV, which are drugs with a low potential for abuse and low risk of dependence. Drugs like alprazolam, carisoprodol and clonazepam are on that list.

Pushkin said putting marijuana on Schedule IV would line it up with the state’s medical marijuana law.

“Many of these (on Schedule I) are very dangerous designer drugs. These are all reserved for substances that have absolutely no medicinal value,” Pushkin said. “There are no known lethal overdoses from cannibas so it does not belong in Schedule I.”

Delegate Joe Ellington, R-Mercer, the chairman of the House Health Committee, spoke against Pushkin’s proposal.

“Putting it into Schedule IV would just open up a lot of people being able to prescribe that medication that don’t have to be certified under the current law that we passed before,” Ellington said.

The state’s medical marijuana law doesn’t include prescriptions for the drug. Those allowed to take it will go through a different process.

Delegate Darryl Cowles, R-Morgan, urged delegates to vote again Pushkin’s proposal.

“We need to adopt in West Virginia the schedule of the federal drug list every year, it’s routine. If we adopt this amendment it will be in conflict with federal law and cause confusion,” Cowles said.

The amendment was rejected 42-57. The bill is scheduled for third reading Wednesday.