West Virginia’s Opioid Settlements

This Community Guide will describe how West Virginia is spending its opioid settlements, and whether West Virginia is working to ensure community access to opioid settlement funds. Last revised September 1, 2024.

Total Funds

$980.94 million[1]

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[1] Total is rounded. See The Official Opioid Settlement Tracker Tally. Accessed September 1, 2024.

Allocation

72.5% to the West Virginia First Foundation and 24.5% to local governments[1]

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[1] West Virginia’s MOU allocated 3% of funds to the Attorney General as the “State Share,” to be directed toward opioid litigation expenses. Monies unspent from this minor share by December 31, 2026 are reallocated to the other two shares (2% to the Foundation share and 1% to the local share). See MOU B.2(b)(iii).

Mechanism

State-Local Agreement (West Virginia First Memorandum of Understanding); Legislation (W . Va. Code Secs. 5-31-1 through 5-31-5 ); West Virginia First Foundation Board documents and policies (Articles of Incorporation; Bylaws; Public Access Policy; Expert Panel Policy); Other Controls (State Auditor County Guidance Regarding Accounting for Opioid Settlement Funds and State Auditor Municipal Guidance Regarding Accounting for Opioid Settlement Funds)

	72.5% West Virginia First Foundation Share	24.5% Local Share
Ultimate Decisionmaker	West Virginia First Foundation Board of Directors (for 80% of this share, or 58% of WV’s total funds) and Regions (for 20% of this share, 14.5% of WV’s total funds)	Local officials for counties, cities, towns, and villages
Decision-making Process	The West Virginia First Foundation’s Board of Directors decides 80% of this share after evaluating needs and consulting the Board-appointed Expert Panel. The six Regions decide 20% of this share using their own governance structures, Regional Panels, and input from their local governments.	Localities decide autonomously
Supplantation	Not prohibited	Not prohibited
Grant Funding	Yes. See the Foundation’s Requests for Proposals page.	Up to each locality (availability and processes will vary)
Public Input	Not… yet? Public comments are required at the Foundation Board’s quarterly meetings, but the Board’s minutes have yet to include public comment periods. The Foundation’s regional expert panels are also required to engage with the public to identify funding priorities.	Up to each locality (not required)
Advisory Body	Yes (required). See the West Virginia First Foundation’s Board, State Expert Panel, and six Regional Expert Panels. The State and Regional Expert Panels are required to include member(s) with lived and/or living experience.	Up to each locality (not required)
Expenditures	Public reporting required. Bookmark the Foundation’s website.	Public reporting required. Bookmark the Foundation’s website.
Updates	For updates on the Foundation share, visit the West Virginia First Foundation’s website, which includes meeting minutes, a list of current Board members, and links to policies that govern its activities.	To find updates on the local share, a good starting point is to check the websites for your county commission, city council, or local health department. See, e.g., Clarksburg, Harrison County, Kanawha County.