Introduced Version
House Bill 2011 History
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Key: Green = existing Code. Red = new code to be enacted
H. B. 2011
(By Delegate Iaquinta)
[Introduced February 13, 2013; referred to the
Committee on the Judiciary.]
A BILL to amend the Code of West Virginia, 1931, as amended, by
adding thereto a new section, designated §60A-4-401a, relating
to establishing threshold quantities of certain controlled
substances to show prima facie evidence of the crime of
possession with intent to deliver.
Be it enacted by the Legislature of West Virginia:
That the Code of West Virginia, 1931, as amended, be amended
by adding thereto a new section, designated §60A-4-401a, to read as
follows:
ARTICLE 4. OFFENSES AND PENALTIES.
§60A-4-401a. Threshold quantities of certain controlled substances
__constitute prima facie evidence of intent to
__deliver.
__Prima facie evidence of intent to distribute or deliver the following controlled substances is established when a person
possesses the following threshold amounts of the identified
controlled substance:
__(a) Forty-five grams of marijuana;
__(b) Three grams of cocaine base;
__(c) Three grams of cocaine;
__(d) Three grams of methamphetamine; and
__(e) Three grams of heroin.
NOTE: The purpose of this bill is to establish threshold
quantities of certain controlled substances to trigger prima facie
evidence of the crime of possession with intent to deliver.
This section is new; therefore, it has been completely
underscored.