The crusade on people who use drugs continues in West Virginia

Lawmakers in West Virginia have introduced bills to ban some harm reduction programs. In New Hampshire, the overdose prevention van operated by the New Hampshire Harm Reduction Coalition offers a syringe exchange, fentanyl test strips, safety kits, wound care and other supplies. (Hadley Barndollar | New Hampshire Bulletin)

The alt-right crusade against marginalized populations continues this legislative session. Senators and delegates alike have introduced hundreds of bills since the beginning of the session, many of them attacking LGBTQIA+, women, justice-involved, the unhoused, and of course, people who use drugs. Amongst the slew of anti-trans, anti-abortion and anti-homeless legislation, many drug policy bills spark great concern among harm reductionists, people in recovery and people who use drugs. 

Let’s begin in the House of Delegates with House Bill 2251 sponsored by Del. Doug Smith, R-Mercer, which would mandate drug testing for applicants for cash assistance. West Virginia attempted to do this before with Temporary Assistance for Needy Families (TANF) in 2017 and it was extended to 2022. The program apparently only helped one person during its implementation.

Programs like these are known to be costly, wasteful, and harmful to families. It stereotypes low-income folks as drug users and doesn’t provide a safe space for those with a substance use disorder to get help. Many states have already implemented guidelines such as these and they are never successful. 

Del. David Kelly, R-Tyler, introduced HB 2365, which would create the crime of exposing people to fentanyl. Most of us know by now that overdose by fentanyl exposure is a myth and is consistently perpetuated by law enforcement. Creating a bill such as this would overcriminalize people who use drugs and make them even more fearful of law enforcement. It would add more penalties for drug use and possession, making it even more difficult for people who use drugs to get out of active use and piece their lives back together. 

Moving forward, Del. Geno Chiarelli, D-Monongalia, didn’t disappoint with his introduction of HB 2378, which would prohibit syringe service programs from operating in the state. This comes after his successful campaign against pipes last session, which led to pipes being prohibited from being distributed at certified harm reduction programs. 

This year, he wants to ban syringe service programs altogether, and this undoubtedly has much to do with his attempt to go undercover to the syringe program in Morgantown and act like a participant. He used that experience and his experience as a methadone counselor to wage a war against drug users in the Mountain State. 

He also wants to impose a life sentence on fentanyl dealers with HB 2380 and ban camping in municipalities with HB 2382. Most fentanyl dealers are low-level dealers who sell the drug to support their own habit or pay their bills, they are not kingpins who are out to get everyone hooked on the drug. This is more overcriminalization of drug users and their need to participate in survival work. The camping bill is more concerning because he is not the only one who has submitted a bill to ban camping. The attack on the unhoused has piqued in Charleston and Morgantown, with Morgantown actually passing a camping ban and Charleston introducing one. 

Sen. Eric Tarr, R-Putnam, is always a main source of contention in the legislature and he continues to be with his two bills Senate Bill 203 and SB 204. Senate Bill 203 would prohibit syringe service programs, similar to Chiarelli’s House bill. Tarr introduced the same bill last year (and years prior) and fortunately, it didn’t gain traction in the committees and never made it to the Senate floor. However, with a delegate also introducing the same legislation, there is twice the chance of it making it out of committee and onto the floor. We can only hope this year is the same as last and neither bill makes it on the agenda. 

Senate Bill 204 would essentially outlaw methadone programs. It is unknown what influenced Tarr to introduce this bill, repeatedly, given the evidence behind medication for substance use disorder. This is not the first time he has introduced this bill, but if it makes it out of committee and to the Senate floor it’s scary to think that it would most likely pass. 

One bill that I can support for once is SB 219 introduced by Sen. Mike Woelfel, D-Cabell, which will declassify cannabis possession as a misdemeanor to a civil violation. This would decrease the amount of criminalization of people who use drugs and free up the criminal justice system from non-violent offenses. Prohibition is the main causal factor behind the harms caused by illicit drug use and decriminalizing and legalizing drugs is the first big step into mitigating that. 

Project Mayday is tracking numerous bills this session, but will mainly advocate the drug policies. We hope that we come out the other side unscathed, but we need solidarity from other groups and individuals to fight the fight. People who use drugs deserve compassion and they deserve life. It is our job to make that happen. 

The views, thoughts, and opinions expressed belong solely to Tasha Withrow, and not necessarily to her employer, organization, committee, the State of West Virginia or other group or individual.