From The Well

At the center of the West Virginia state capitol is an area known as “The Well.” It is the informal gathering place for lobbyists, reporters, constituents and lawmakers. Centrally located between the chambers of the House of Delegates and Senate, The Well is often where information is shared, alliances are formed and deals are made.

Force Majeure and Medical Cannabis Related Real Estate Options in a COVID-19 World

Brian Skinner August 19, 2020 Medical Cannabis

By Brian Skinner, Esq. COVID-19 has prevented countless West Virginia companies from operating normally. For example, in March 16, 2020, Governor Justice initiated efforts to contain the spread of COVID-19 by declaring a State of Emergency in West Virginia. Subsequent containment measures were announced and are continuing to be announced, including the closure of all …Read More

State Legislative Efforts to Enhance COVID-19 Contact Tracing

Brian Skinner Contact tracing, COVID-19, Government & Policy

By Brian Skinner, Esq. One of the major pre-requisites for states desiring to relax COVID-19 mitigation measures is the ability to identify those who are infected with and exposed to COVID-19 through contact tracing. Contact tracing is a time-honored public health tool used by state and local governments …Read More

Should West Virginia Consider an Auto-IRA Retirement Savings Program?

Brian Skinner August 15, 2020 Retirement, pensions

By Brian Skinner, Esq. Many Americans are financially unprepared for life after work. A report from the U.S. Federal Reserve found that nearly a quarter of all American adults have no retirement savings or pension at all. The data shows that 42% of people aged 18-29 have no retirement savings, along with 26% of Americans …Read More

Consumer Financial Protection Bureau Rescinds Payday Loan Rule

Brian Skinner August 13, 2020 Consumer finance, Government & Policy, Payday lending

By Brian Skinner, Esq. In a little reported development that is likely to have a big impact on consumer lending, in July, the Consumer Financial Protection Bureau (CFPB) rescinded its 2017 payday loan rule. The move could leave millions of Americans at high risk of becoming trapped in a cycle of debt. The final rule …Read More

Can the State Use CARES Act Funds for New Unemployment Benefits?

Brian Skinner August 12, 2020 COVID-19, Government & Policy, Unemployment Benefits

By Brian Skinner, Esq. During his press conference on Monday, Governor Justice announced he will use funds from the federal CARES Act to provide the state’s portion of the additional unemployment benefits included in the executive memorandum signed by President Trump on Saturday. Last Friday I wrote about governor’s authority to use funds allocated to …Read More

What an Incomplete Census Means to West Virginia

Brian Skinner August 11, 2020 Census

By Brian Skinner, Esq. Last week, the U.S. Census Bureau announced that it is wrapping up its collection of data on September 30, 2020, rather than the planned date of October 31. The census has been slowed by the coronavirus pandemic and the challenges of outreach and retaining workers. In order to be counted in …Read More

Spending Coronavirus Relief Fund Money Without a Legislative Appropriation

Brian Skinner August 7, 2020 CARES Act, Government & Policy

By Brian J. Skinner, Esq. Recently, questions have arisen about whether Governor Jim Justice may spend money the state received from the Coronavirus Relief Fund (“Fund”) that was made available in the Coronavirus Aid, Relief, and Economic Security Act (“CARES Act”), without a specific appropriation by the State Legislature.1 Earlier this year West Virginia received …Read More

West Virginia’s Medical Cannabis Industry and the Importance of Advocacy

Brian Skinner Medical Cannabis

By Brian J. Skinner, Esq. As West Virginia’s Office of Medical Cannabis begins the process of awarding permits to medical cannabis organizations, businesses operating in the state’s nascent medical cannabis industry will be facing immense challenges, both operationally and financially. This is especially true in a state that just a few years ago did not …Read More

West Virginia’s Medical Cannabis Act: What Employers Should Know – Recent Court Cases

Brian Skinner Employers, Medical Cannabis

By Brian J. Skinner, Esq. The West Virginia Medical Cannabis Act was signed into law by Governor Jim Justice on April 19, 2017. The Act allows individuals with a “serious medical condition” to receive a certification to use medical cannabis obtained from a permitted dispensary in the state. Currently, 15 medical conditions are covered by …Read More

Medical Cannabis Land Use and Zoning Law

Brian Skinner Local Government, Medical Cannabis

By Brian J. Skinner, Esq. This article provides an overview of the land use related statutes regulating medical cannabis businesses. Counties in West Virginia may prohibit medical cannabis businesses by passing an ordinance by vote of the residents of the county to prohibit the operation or location of a medical cannabis organization within the county. …Read More