About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline

LOG IN
LOG IN


2019 Op. W. Va. Att'y Gen. 1 (2019)

handle is hein.sag/sagwv0062 and id is 1 raw text is: State of West Virginia Office of the Attorney General Patrick Morrisey (304) 558-2021 Attorney General Fax (304) 558-0140 January 11, 2019 The Honorable Roger Hanshaw Speaker of the West Virginia House of Delegates State Capitol Building 1, Room M-228 1900 Kanawha Blvd. East Charleston, WV 25305 The Honorable John Perdue West Virginia State Treasurer State Capitol Building 1, Room E-145 1900 Kanawha Blvd. East Charleston, WV 25305 Dear Speaker Hanshaw and Treasurer Perdue: You have each asked for an Opinion of the Attorney General concerning legal risks the financial services industry may face as West Virginia implements its medical cannabis law. This Opinion is issued pursuant to W. Va. Code § 5-3-1, which provides that the Attorney General shall give written opinions and advice upon questions of law, ... whenever required to do so, in writing, by... the treasurer... or any... state officer. To the extent this Opinion relies on facts, it is based solely on the factual assertions in your correspondence with the Office of the Attorney General. With the enactment of 2017's Medical Cannabis Act, West Virginia joined the growing majority of States-currently 33 plus the District of Columbia, Guam, and Puerto Rico-that have legalized marijuana for medical use. See S.B. 356, 2017 Reg. Sess., codified at W. Va. Code § 16A-l -1, et seq. You have each raised questions about the intersection of the Medical Cannabis Act with federal drug laws, specifically the potential legal consequences for financial institutions that provide services to marijuana-related businesses, and whether the State can take steps to minimize these concerns. Your letter raises the following legal question: State Capitol Building 1, Room E-26, 1900 Kanawha Boulevard East, Charleston, WV 25305