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Introduced Version House Bill 2496 History

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hb2496 intr
H. B. 2496


(By Delegates Iaquinta and Talbott)
[Introduced January 13, 2010; 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 trigger prima facie evidence of intent to deliver if possessed by an individual.

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 in the event a person possesses, at least as much as any of the following threshold amounts of the particular controlled substance:
(a) 45 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 intent to deliver if possessed by an individual.

Strike-throughs indicate language that would be stricken from the present law, and underscoring indicates new language that would be added.
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