West Virginia Code § 5-31-1

Legislative findings
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(a) The citizens of West Virginia, its local governments, and its communities have entered
into a memorandum of understanding. The memorandum of understanding known as the
West Virginia First Memorandum of Understanding was filed in the Circuit Court of
Kanawha County, calling for, inter alia, the creation of the West Virginia First Foundation.
(b) The citizens of West Virginia, its local governments, its communities, and the Legislature
are committed to ensure that all opioid funds received in settlement of litigation in the cases
which are the subject of the memorandum of understanding are used in a manner consistent
with evidence-based strategies, programming, and services usedu to expand the availability of
treatment for individuals affected by substance use disorders and addiction; to develop,
promote, and provide evidence-based substance use preventtion strategies; to provide
substance use avoidance and awareness education; to engage in enforcement to curtail the
sale, distribution, and promotion or use of opioids and other drugs; to decrease the
oversupply of illicit opioids; and to support recovery from addiction performed by qualified
providers.
(c) The creation of a private foundation will advance the goal of abating the opioid epidemic
by providing a long-term steady stream of money to fund the efforts by both private and
governmental entities. g
(d) All 55 counties and virtually all participating municipalities, representing 99.6 percent of
the population of West Virginia, have executed the memorandum of understanding.
(e) The circuit court of Kanawha County in Civil Action No. 19-C-9000, has adopted and
approved the memorandum of understanding and the abatement structure created in the
memorandum of understanding, including, but not limited to, the creation of a private
foundation for the purposes set forth in the memorandum of understanding.

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