Bill Text: WV HB2330 | 2018 | Regular Session | Introduced
Bill Title: Prohibiting the sale of paraphernalia designed or marketed for use with controlled substances
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2018-01-10 - To House Prevention and Treatment of Substance Abuse [HB2330 Detail]
Download: West_Virginia-2018-HB2330-Introduced.html
FISCAL
NOTE
WEST virginia legislature
2017 regular session
By
to the Committee on Prevention and Treatment of Substance Abuse then the
Judiciary.]
A BILL to repeal §47-19-2,
§47-19-4, §47-19-5, §47-19-6 and §47-19-8 of the Code of West Virginia, 1931,
as amended; to amend and reenact §47-19-1; §47-19-3 and §47-19-7 of said code;
and to amend said code by adding thereto a new section, designated §47-19-9,
all relating to drug paraphernalia; prohibiting possession, production or
marketing-for-sale things designed or marketed for use with controlled
substances; and providing criminal penalties.
Be it enacted by the
Legislature of West Virginia:
That §47-19 -2,
§47-19-4, §47-19-5, §47-19-6 and §47-19-8 of the Code of West Virginia, 1931,
as amended, be repealed; that §47-19-1; §47-19-3 and §47-19-7 of said code, be
amended and reenacted; and that said code be amended by adding thereto a new
section, designated §47-19-9, all to read as follows:
ARTICLE 19. DRUG
PARAPHERNALIA.
§47-19-1. Items designed
or marketed for use with controlled substances; license required.
It is unlawful for any
person to possess, produce or market for sale any items, effect, paraphernalia,
accessory or thing which is designed or marketed for use with controlled
substances as they are defined in chapter sixty-a of this code.
§47-19-3. Drug paraphernalia defined.
(a) As used in this
section, “paraphernalia” is defined as any legitimate equipment, product, or
material that is modified for making, using, or concealing illegal drugs such
as cocaine, cocaine-based derivative, heroin, marijuana, and methamphetamine
and includes certain pipes, smoking masks, bongs, cocaine freebase kits,
marijuana grow kits, roach clips and items such as hollowed out cosmetic cases
or fake pagers used to conceal illegal drugs and dealer-specific products used
for preparing illegal drugs for distribution at the street level, such as
scales, vials and baggies, but is not limited to, the following:
(1) Metal, wooden,
acrylic, glass, stone, plastic or ceramic pipes with or without screens,
permanent screens, hashish heads, any container with drug residue (such as
dinner plates, spoons), or punctured metal bowls;
(2) Water pipes;
(3) Carburetor tubes and
devices;
(4) Smoking and
carburetion masks;
(5) Roach clips, meaning
objects used to hold burning material, such as a marijuana cigarette, that has
become too small or too short to be held in the hand;
(6) Chambers pipes;
(7) Carburetor pipes;
(8) Electric pipes;
(9) Air-driven pipes;
(10) Chillums;
(11) Bongs;
(12) Ice pipes or
chillers;
(13) Miniature cocaine
spoons, and cocaine vials; and
(14) Needles without
prescriptions.
(b) Drug paraphernalia
does not include any items traditionally used with tobacco such as pipes and
rolling papers.
§47-19-7. Penalty.
Any person violating the
provisions of this article as a first offense is guilty of a misdemeanor and,
upon conviction thereof, shall be fined not more than $500. A person who commits a second offense is
guilty of a misdemeanor and, upon conviction thereof, shall be fined not more
than $1,000. A person who violates
provisions of this article for a third or subsequent offense is guilty of a
misdemeanor and, upon conviction thereof, shall be fined not more than $2,000
for each offense.
§47-19-9. Severability.
If any provision of this
section or the application thereof to any person or circumstance is held
invalid; the invalidity shall not affect other provisions or applications of
this article, and to this end the provisions of this article are severable.
NOTE: The purpose of this bill is
to prohibit sale of paraphernalia designed or marketed for use with controlled
substances.
Strike-throughs indicate language
that would be stricken from a heading or the present law, and underscoring
indicates new language that would be added.
§47-19-1, §47-19-3 and §47-19-7
have been completely rewritten; therefore, they have been completely
underscored.