CHARLESTON, WV (LOOTPRESS) – A bill introduced on the first day of the 2026 regular legislative session would require members of the West Virginia Legislature to undergo random drug testing during each regular session.
House Bill 4158 was introduced Wednesday by Delegate Larry Kump (R-Berkeley). The bill has been referred to the House Committee on Health and Human Resources and then to the Judiciary Committee.
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Under the proposal, the Legislative Administrator would be required to create and oversee a program for random drug testing of legislators for illegal drugs. The testing would take place during each regular legislative session.
The bill specifies that the program must include procedures to randomly test each legislator, while ensuring that no lawmaker is tested more than twice per session. An exception would apply if a legislator tests positive for illegal drugs.
If a legislator’s initial test indicates the use of illegal drugs, the bill requires that person to take a second drug test no sooner than 30 days and no later than 60 days after the first test.
If the second test also indicates the use of illegal drugs, or if the legislator refuses or fails to participate in the testing program, that information would be released to the public.
In most cases, drug test results would remain confidential. The bill states that the Legislative Administrator is responsible for keeping all test results private unless a second positive test occurs or a legislator does not comply with the testing requirements.
According to the bill’s stated purpose, the goal of the legislation is to require random drug testing of legislators while generally maintaining confidentiality, except in cases involving repeated positive results or refusal to participate.
