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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

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