On April 10, the proponents of a city initiative to decriminalize marijuana inside the city of Salem, West Virginia, filed a federal lawsuit against the city. Even though the initiative had enough valid signatures, the city removed it because city officials felt if the initiative passed, it would not be a valid law because marijuana possession is illegal in West Virginia. The case is Hyman v City of Salem, n.d., 1:19cv-75.
West Virginia does not have the statewide initiative process, but some cities have city initiatives. The Salem initiative requirement is very difficult. It took the signatures of 10% of the registered voters, but the petition was checked and it does have enough valid signatures. The lawsuit was filed only two days after the city rejected the initiative. The election is June 4, 2019, so this case will move rapidly. It is assigned to U.S. District Court Judge Thomas Kleeh, a Trump appointee.