CHARLESTON- Medical marijuana is one step closer to becoming law, but it won’t look much like the original bill. The West Virginia House of Delegates passed Delegate John Shott’s amendment Monday night to change the bill.

“I think we’ve done this in a very careful and cautious manner and if it sticks- and I think the Senate will see that and agree to it,” Delegate Shott, a Republican from Mercer County said Monday night.

Delegate Shott’s amendment basically scraps the original bill and replaces it with new language. Some of the big changes include limiting the state to five cannabis growers. Growers would pay $10,000 for an application, $100,000 for a permit and $10,000 annually to renew. Delegate Shott’s amendment also restricts the form of medical cannabis to only pills, patches or lotion, instead of smoking or edible forms.

“I think we need to recognize the developments in science and that this substance does help some people. But make it available in a way that can be controlled and we can basically prevent it’s abuse,” Delegate Short told 13 News.

But some Delegates said Shott’s amendment essentially kills medical marijuana.

“This amendment is meant and is littered with little poison pills. Whether it’s economic poison pills to make it so cost prohibitive that anybody could ever enter the market, or whether it’s regulatory schemes to prevent people from getting something that could help one of their family members- like my sister or my other. Cause it says if you want to make the edibles you have to bake it yourself. My mom can’t even walk right now,” Republican Delegate Michael Folk of Berkeley County said on the House floor Monday night.

Delegate Michael Pushkin had a competing amendment that was not accepted. Despite the disappointing vote, Delegate Pushkin says he is confident that some sort of medical marijuana bill will make it out of the statehouse this session.

“I think we’re going to have a bill similar to what Pennsylvania has, is what is looks like, if the Senate concurs. But no I don’t think it’s any reason to give up,” the Democratic Delegate of Kanawha County told 13 News.

Mostly Republicans voted in favor of Del. Shott’s amendment, leaving some cannabis advocates optimistic the bill will pass the House and get approved in the Senate.

Republican leaders sent out a memo this morning encouraging all Republican House members to vote against medical marijuana.

A 3rd final reading takes place in the House Tuesday. If passed the Senate will need to confirm the bill, before sending it to the Governor’s desk.