Bill Text: WV SB502 | 2020 | Regular Session | Comm Sub
Bill Title: Relating to methamphetamine criminal penalty
Spectrum: Moderate Partisan Bill (Democrat 9-1)
Status: (Engrossed - Dead) 2020-03-07 - On 3rd reading, House Calendar [SB502 Detail]
Download: West_Virginia-2020-SB502-Comm_Sub.html
WEST virginia legislature
2020 regular session
Committee Substitute
for
Senate Bill 502
Senators Ihlenfeld, Hardesty, Jeffries, Lindsay, Palumbo, Stollings, Woelfel, Baldwin, Hamilton, and Facemire, original sponsors
[Originating in the Committee on the Judiciary; reported on February 17, 2020]
A BILL to amend and reenact §60A-4-401 of the Code of West Virginia, 1931, as amended, relating to methamphetamine; and amending criminal penalty.
Be it enacted by the Legislature of West Virginia:
ARTICLE 4. OFFENSES AND PENALTIES.
§60A-4-401. Prohibited acts A; penalties.
(a) Except as authorized by this act, it is unlawful for any person to manufacture, deliver, or possess with intent to manufacture or deliver a controlled substance.
Any person who violates this subsection with respect to:
(i) A controlled substance classified in Schedule I or II, which is a narcotic drug or which is methamphetamine, is guilty of a felony and, upon conviction thereof, may be imprisoned in a state correctional facility for not less than one year nor more than 15 years, or fined not more than $25,000, or both fined and imprisoned;
(ii) Any other controlled substance classified in Schedule I, II, or III is guilty of a felony and, upon conviction thereof, may be imprisoned in a state correctional facility for not less than one year nor more than five years, or fined not more than $15,000, or both fined and imprisoned;
(iii) A substance classified in Schedule IV is guilty of a felony and, upon conviction thereof, may be imprisoned in a state correctional facility for not less than one year nor more than three years, or fined not more than $10,000, or both fined and imprisoned;
(iv) A substance classified in Schedule V is guilty of a misdemeanor and, upon conviction thereof, may be confined in jail for not less than six months nor more than one year, or fined not more than $5,000, or both fined and confined: Provided, That for offenses relating to any substance classified as Schedule V in §60A-10-1 et seq. of this code, the penalties established in said article apply.
(b) Except as authorized by this act, it is unlawful for any person to create, deliver, or possess with intent to deliver, a counterfeit substance.
Any person who violates this subsection with respect to:
(i) A counterfeit substance classified in Schedule I or II, which is a narcotic drug, and methamphetamine, which for the intent of this section shall be treated as a narcotic, is guilty of a felony and, upon conviction thereof, may be imprisoned in a state correctional facility for not less than one year nor more than 15 years, or fined not more than $25,000, or both fined and imprisoned;
(ii) Any other counterfeit substance classified in Schedule I, II, or III is guilty of a felony and, upon conviction thereof, may be imprisoned in a state correctional facility for not less than one year nor more than five years, or fined not more than $15,000, or both fined and imprisoned;
(iii) A counterfeit substance classified in Schedule IV is guilty of a felony and, upon conviction thereof, may be imprisoned in a state correctional facility for not less than one year nor more than three years, or fined not more than $10,000, or both fined and imprisoned;
(iv) A counterfeit substance classified in Schedule V is guilty of a misdemeanor and, upon conviction thereof, may be confined in jail for not less than six months nor more than one year, or fined not more than $5,000, or both fined and confined: Provided, That for offenses relating to any substance classified as Schedule V in §60A-10-1 et seq. of this code, the penalties established in said article apply.
(c) It is unlawful for any
person knowingly or intentionally to possess a controlled substance unless the
substance was obtained directly from, or pursuant to, a valid prescription or
order of a practitioner while acting in the course of his or her
professional practice, or except as otherwise authorized by this act. Any
person who violates this subsection is guilty of a misdemeanor, and disposition
may be made under §60A-4-407 of this code, subject to the limitations specified
in said section, or upon conviction thereof, said the person may
be confined in jail not less than 90 days nor more than six months, or fined
not more than $1,000, or both fined and confined: Provided,
That notwithstanding any other provision of this act to the contrary, any first
offense for possession of synthetic cannabinoids as defined by
§60A-1-101(d)(32) of this code; 3,4-methylenedioxypyrovalerone (MPVD) and
3,4-methylenedioxypyrovalerone and/or mephedrone as defined in §60A-1-101(f) of
this code; or less than 15 grams of marijuana, shall be disposed of under §60A-4-407
of this code.
(d) It is unlawful for any person knowingly or intentionally:
(1) To create, distribute,
or deliver, or possess with intent to distribute or deliver, an
imitation controlled substance; or
(2) To create, possess,
or sell, or otherwise transfer any equipment with the intent that
such the equipment shall be used to apply a trademark, trade
name, or other identifying mark, imprint, number, or device, or any
likeness thereof, upon a counterfeit substance, an imitation controlled
substance, or the container or label of a counterfeit substance or an imitation
controlled substance.
(3) Any person who violates
this subsection is guilty of a misdemeanor and, upon conviction thereof, may be
confined in jail for not less than six months nor more than one year, or fined
not more than $5,000, or both fined and confined. Any person being
18 years old or more who violates subdivision (1) of this subsection and, in
doing so, distributes or delivers an imitation controlled substance to a
minor child who is at least three years younger than such that person
is guilty of a felony and, upon conviction thereof, may be imprisoned in a
state correctional facility for not less than one year nor more than three
years, or fined not more than $10,000, or both fined and imprisoned.
(4) The provisions of subdivision (1) of this subsection shall not apply to a practitioner who administers or dispenses a placebo.
