H. B. 3087
(By Delegates Tansill, Stemple, Crosier
and Sobonya)
[Introduced January 9, 2008;referred to the
Committee on the Judiciary.]
A BILL to amend and reenact §60A-4-402 and §60A-4-403 of the Code
of West Virginia, 1931, as amended, all relating to
prohibitions and penalties regarding the use of controlled
substances.
Be it enacted by the Legislature of West Virginia:
That §60A-4-402 and §60A-4-403 of the Code of West Virginia,
1931, as amended, be amended and reenacted, all to read as follows:
ARTICLE 4. OFFENSES AND PENALTIES.
§60A-4-402. Prohibited acts B; penalties.
(a) It is unlawful for any person:
(1) Who is subject to article 3 to distribute or dispense a
controlled substance in violation of section 308;
(2) Who is a registrant, to manufacture a controlled substance
not authorized by his
or her registration, or to distribute or
dispense a controlled substance not authorized by his
or her
registration to another registrant or other authorized person;
(3) To refuse or fail to make, keep, or furnish any record,
notification, order form, statement, invoice, or information required under this chapter;
(4) To refuse any entry into any premises for any inspection
authorized by this chapter; or
(5) Knowingly to keep or maintain any store, shop, warehouse,
dwelling, building, vehicle, boat, aircraft, or other structure or
place, which is resorted to by persons using controlled substances
in violation of this act for the purpose of using these substances,
or which is used for keeping or selling them in violation of this
act.
(b) Any person who violates this section is guilty of a
misdemeanor and, upon conviction, may be confined in
the county
jail for not less than six months nor more than one year, or fined
not more than twenty-five thousand dollars, or both.
(c) Notwithstanding any other provision of this chapter to the
contrary, any first offense for distributing less than 15 grams of
marihuana without any remuneration shall be disposed of under
section 407.
§60A-4-403. Prohibited acts C; penalties.
(a) It is unlawful for any person knowingly or intentionally:
(1) To distribute as a registrant a controlled substance
classified in Schedule I or II, except pursuant to an order form as
required by section 307 of this chapter;
(2) To use in the course of the manufacture or distribution of
a controlled substance a registration number which is fictitious,
suspended, revoked, or issued to another person;
(3) To acquire or obtain possession of a controlled substance by misrepresentation, fraud, forgery, deception, or subterfuge;
(4) To furnish false or fraudulent material information in, or
omit any material information from, any application, report, or
other document required to be kept or filed under this chapter, or
any record required to be kept by this chapter; or
(5) To make, distribute, or possess any punch, die, plate,
stone, or other thing designed to print, imprint, or reproduce the
trademark, trade name, or other identifying mark, imprint, or
device of another or any likeness of any of the foregoing upon any
drug or container or labeling thereof so as to render the drug a
counterfeit substance.
(6) Knowingly to keep or maintain any store, shop, warehouse,
dwelling, building, vehicle, boat, aircraft, or other structure or
place, which is resorted to by persons using controlled substances
in violation of this chapter for the purpose of using these
substances, or which is used for keeping or selling them in
violation of this chapter.
(b) Any person who violates this section is guilty of a felony
and, upon conviction, may be imprisoned in
the penitentiary a
correctional facility for not less than one year nor more than four
years, or fined not more than thirty thousand dollars, or both.
NOTE: The purpose of this bill is to change the offense of
knowingly maintaining a conveyance, store, shop, warehouse,
dwelling, building, vehicle, boat, aircraft, or other structure or
place used in the commission of drug crimes from a misdemeanor to
a felony and to impose a penalty of 1 to 4 years in prison for this offense.
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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