‘Way more harm’: House subcommittee votes 7-3 to advance bill banning syringe service programs in WV

by Caity Coyne, West Virginia Watch
February 11, 2026

A bill that would ban all syringe service programs in the state of West Virginia advanced through a House subcommittee on Wednesday and will now be considered by the full House Committee on Health and Human Resources.

House Bill 4413 would repeal all sections of state code that allow for the existence of syringe service programs, which offer people who inject drugs sterile syringes, as well as safe disposal of used syringes and screening and care for other diseases.

According to the federal Centers for Disease Control and Prevention, the programs are critical in reducing the transmission of viral hepatitis, HIV and other infections among people who inject drugs. They are also shown to reduce needle litter in communities and increase the likelihood of someone who uses drugs entering a recovery program.

The House Public Health subcommittee approved advancing the bill — which is sponsored by Del. Geno Chiarelli, R-Monongalia — on a 7-3 vote. 

Dels. Mike Pushkin, D-Kanawha; Mickey Petitto, R-Harrison, and Chris Anders, R-Berkeley, voted against moving the legislation forward.

If the bill were enacted, existing syringe service programs would be given a 120 day “administrative transition timeframe” to wind down services and “assist patients in the transition of care.” No syringes would be allowed to be distributed during this period. Any program that violates the code would be subject to monetary fines up to $2,500 for each day they operate out of compliance.

The bill would not impact harm reduction programs as a whole, which often house syringe service programs. Services like disease screening and referrals to recovery would not be directly affected.

Eighteen members of the public — including doctors, addiction service providers, policy experts, social workers, faith leaders and more — submitted public comments on the legislation. 

Every comment entered urged lawmakers to oppose HB 4413. Several warned about the costs that could come with banning such services, including increased rates of death and illness among people who use drugs, rising monetary costs associated with disease treatment and decreased ability for people in active addiction to receive help and enter recovery.

During Wednesday’s meeting, lawmakers voted down an amendment from Anders that would have banned the use of public taxpayer dollars for syringe service programs instead of banning all programs outright. The amendment failed via a voice vote.

Anders said that he had a hard time supporting the state government dictating how private entities or nonprofits provide services with their own dollars.

“I truly believe that no taxpayer should be on the hook for these programs, but the voluntary exchange between charities and/or other individuals — I’m against banning the private exchange,” Anders said.

Chiarelli spoke against Anders’ amendment, saying it “undermined” the intent of his proposed bill. If the programs were banned altogether, he said, that would also stop taxpayer dollars from funding them.

Last week, lawmakers on the House Public Health subcommittee heard testimony from Andrea Johnson, a peer recovery coach who is in long term recovery from addiction. Johnson told legislators that a syringe service program was vital in helping her enter recovery more than eight years ago.

While speaking on the bill generally, Pushkin urged his colleagues to remember Johnson’s testimony when it came time to vote. 

Syringe service programs, he said, do more than just give out clean needles — they are often a route for service providers to build trust and relationships with people in active addiction. Those relationships, he said, are vital to ensuring people like Johnson can stay as healthy as possible and know how to get help when they’re ready to receive it.

“Somebody in active addiction is not just dropping by the health department to get a check up. They’re not dropping by to get tested for communicable diseases. They’re not dropping by there for anything except [a syringe service program],” Pushkin said. “That’s not the purpose of the program, but it is a byproduct and I think that’s a good thing. If you end these, people are no longer coming out of the darkness and going into a clinic setting like this where they can get checked out.”

While Pushkin said he understood that some people may see syringe service programs as “enabling” addiction, that isn’t reality. People who live with substance use disorder, he said, are going to use drugs no matter what. 

“Unfortunately, people are going to use (drugs) whether these services are offered or not. The purpose of this type of service is simply to slow the spread of communicable, bloodborne diseases. That’s it,” Pushkin said. “There is way more harm that can be done by eliminating programs like this than people realize … I don’t see why we are doing this now, with all the problems that we have in this state. This is very shortsighted legislation.”

HB 4413 will now advance to the whole House Health Committee, where it will go through a hearing stage and then a markup stage. If approved there, it will be considered by the House Judiciary Committee.

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