Cannabis Profiles: US Senator Shelley Moore Capito (R)
With Senator Shelley Moore Capito’s elevation to a prominent leadership role within the Senate Republican caucus, the outlook for federal cannabis reform faces potential headwinds. Capito, a vocal opponent of cannabis legalization and a critic of the Biden administration’s plan to reschedule cannabis, was unanimously elected to chair the Senate Republican Policy Committee (RPC) for the 119th Congress (2025-2026). Her unchallenged rise to this influential position underscores her strong standing within the GOP and the trust placed in her to shape the party’s legislative agenda.
The RPC plays a critical role in crafting Republican policy priorities, offering recommendations to GOP lawmakers, and setting the stage for key legislative debates. Its weekly meetings, held while the Senate is in session, are central to aligning the caucus on pressing issues—potentially including cannabis reform. Capito’s influence in this role could complicate efforts to advance federal legalization, particularly given her steadfast opposition and her capacity to steer Republican policy discussions.
This development introduces a new layer of complexity to the already intricate dynamics of cannabis policy at the federal level. While President-elect Donald Trump previously signaled openness to some reform measures, Capito’s leadership may shift the GOP’s focus away from such reforms. Her opposition is particularly significant as she gears up for a 2026 re-election campaign, where she already faces two challengers—Derrick Evans and Alexander Gaaserud—in the Republican primary, according to Ballotpedia.
Capito’s rise within the Senate leadership highlights the evolving power structures within the Republican Party and sets the stage for contentious debates over cannabis policy and other legislative priorities in the coming years.
- 2015-Present: U.S. Senator from West Virginia
- 2001-2015: Member of the United States House of Representatives from West Virginia
- 1997-2001: West Virginia House of Delegates
- 1976: Graduated from the University of Virginia with a M.Ed.
- 1975: Graduated from Duke University with a B.S.
Prior to entering politics, Capito was a college counselor.
Consistent Opposition To Cannabis Reform
In July 2024, alongside other GOP lawmakers, Shelley Capito co-signed a letter opposing the current administration’s efforts to reschedule cannabis, strongly urging that the policy proposal be withdrawn entirely. The letter said in part “Medical marijuana dispensaries sell edibles and vapes that come in flavors like passion raspberry, blueberry calm, wild cherry, and sour apple, pretending that these products are medicine that can treat health conditions is doing a disservice to Americans.”
3/17/18: Cassy Lee, asks this question on the WVPB Facebook Page: Do you support adult use cannabis legislation? If so, under what conditions?
Capito says, “I have fewer issues with medical marijuana, although I don’t think we’ve researched that enough to really know, exactly, what kind of benefits but also what kind of impacts.
“But most states have moved in that direction, as West Virginia has, so I would accept that and be a supporter of that.
“On recreational use, I can’t do it. I am opposed to it. Cassy Lee is probably not going to be very happy with me. But I just feel like it’s a gateway drug. Folks in the addiction community, if you talk to them and ask their opinions, they for the most part are opposed to it. It’s a step too far for me and I’m not gonna go there.”
WVPB asked if recreational marijuana should be a federal or state issue. Capito says, “I think it probably should stay the state issue it is… I think the state oughta be the one that makes that decision.”
1/9/18: “I’m going to go on the record as saying I’m against recreational marijuana, but I respect the states’ rights to make that decision,” said Capito, R-W.Va.
Votes
Protect State Medical Marijuana Programs Amendment – No
Veterans Equal Access Amendment – No
Veterans Equal Access Amendment – No
Protect State Medical Marijuana Programs Amendment – Yes
SAFE Banking Amendment – No
Vote Smart Key Votes
H Amdt 674: State and Federal Medical Marijuana Law Enforcement and Implementation – NO
H Amdt 272: Medical Marijuana Use Amendment – NO
Contact Shelley Moore Capito
Web: http://www.capito.senate.gov/
Phone: 202-224-6472 Address: 172 Russell Senate Office Building, Washington, DC 20510
West Virginia Marijuana Law
West Virginia Office of Medical Cannabis
2017 lawmakers created a state medical marijuana program and permits registered patients to purchase medical marijuana only from licensed dispensaries and explicitly prohibits personal cultivation.
2019 state senators and delegates have made some changes to the program, like making it legal for dispensary owners to grow cannabis.
Prohibition on Personal Cultivation: The West Virginia Medical Cannabis Act does not allow patients to grow their own cannabis plants.
A person can be charged with DUI if they have a blood concentration of THC (the active ingredient in marijuana) of 5 nanograms or more per milliliter of blood.
Advertising:
- Targeted Advertising: Advertising must be factual, accurate, and non-misleading, and it should be directed specifically at registered patients and caregivers.
- Prohibited Mass Advertising: Mass advertising through billboards, radio, television, or other forms of mass media is prohibited. This restriction is intended to prevent the promotion of medical marijuana to the general public and ensure marketing efforts are focused on those who have a legitimate medical need for cannabis.
- Permitted Advertising Channels: Licensed dispensaries may use direct mailings, email marketing, and other targeted forms of advertising directed specifically at registered patients and caregivers. These materials must be factual and not suggest the use of medical marijuana is completely risk-free.
Taxes
West Virginia taxes medical marijuana sales at 10% on top of regular sales tax and any local taxes. This revenue goes to:
- Medical Cannabis Program: Manages the program’s efficiency.
- Drug Treatment: Combats substance abuse and addiction.
- Local Governments: Supports law enforcement and public safety.
West Virginia Hemp Resources
West Virginia Dept. of Ag hemp program page
West Virginia Hemp and Kratom Products Guide
Note: Hemp and Marijuana laws in West Virginia, as in many other states, are subject to frequent updates and changes. As such, the information provided here is for general reference and should not be taken as legal advice. For the most accurate and up-to-date details, please consult official state resources.
Federal Farm Bill
The “Miller Amendment” to the federal farm bill has emerged as a contentious provision set to be debated in the U.S. Senate, raising significant concerns among advocates for the hemp and cannabinoid industries. Passed through committee with minimal transparency, the amendment was bundled into a procedural package of changes, bypassing individual debate and scrutiny. This approach has sparked criticism, as the amendment’s language poses an existential threat to the burgeoning cannabinoid industry and the broader agricultural sector it supports.
At its core, the Miller Amendment introduces language that could dramatically reshape the regulatory landscape for cannabinoids, potentially stifling innovation and growth in a sector that has provided economic opportunities in rural communities and beyond. Critics argue that its provisions could effectively criminalize certain cannabinoids derived from hemp, thereby creating legal and logistical barriers that many small businesses and farmers would struggle to overcome. If enacted, the amendment could lead to widespread industry shutdowns, resulting in lost jobs, diminished investment, and the collapse of a sector that has otherwise thrived under the current framework.
The procedural maneuver used to pass the amendment in committee has further compounded frustrations, as stakeholders believe such sweeping changes warrant a robust and transparent debate. The lack of individual votes on the amendment has raised concerns about the democratic process, with industry representatives and policymakers calling for greater accountability as the farm bill progresses.
The debate surrounding the Miller Amendment underscores the high stakes for the future of the hemp and cannabinoid industries. As the Senate takes up the farm bill, advocates will be watching closely to see whether lawmakers will address the amendment’s far-reaching implications or allow it to proceed unchallenged. The outcome could set a critical precedent, not only for the hemp sector but for broader debates about regulatory overreach and economic opportunity in emerging industries.
