Senate Bill No. 16
(By Senators Burdette, Mr. President, and Boley,
By Request of the Executive)
____________
[Introduced January 14, 1994; referred to the Committee
on the Judiciary.]
____________
A BILL to amend and reenact section four hundred one, article
four, chapter sixty-a of the code of West Virginia, one
thousand nine hundred thirty-one, as amended, relating to
controlled substances; providing additional prohibited acts;
and increasing the criminal penalties for certain
violations.
Be it enacted by the Legislature of West Virginia:
That section four hundred one, article four, chapter sixty-a
of the code of West Virginia, one thousand nine hundred thirty-
one, as amended, be amended and reenacted to read as follows:
ARTICLE 4. OFFENSES AND PENALTIES.
§60A-4-401. Prohibited acts A; penalties.
(a) Except as authorized by this chapter, it is unlawful for
any person to manufacture, deliver, sell or possess with intent
to manufacture, or deliver, or sell or transport into West
Virginia with intent to manufacture, deliver or sell 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, is guilty of a felony, and, upon
conviction, may be imprisoned in the penitentiary for not less
than one year five years nor more than fifteen twenty years, or
and fined not less than five thousand dollars nor more than
twenty-five thousand dollars; or both
(ii) Any other controlled substance classified in Schedule
I, II or III, is guilty of a felony, and, upon conviction, may be
imprisoned in the penitentiary for not less than one year nor
more than five years, or fined not more than fifteen thousand
dollars, or both;
(iii) A substance classified in Schedule IV, is guilty of a
felony, and, upon conviction, may be imprisoned in the
penitentiary for not less than one year nor more than three
years, or fined not more than ten thousand dollars, or both;
(iv) A substance classified in Schedule V, 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 five thousand dollars, or both.
(b) Except as authorized by this chapter, 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, is guilty of a felony, and, uponconviction, may be imprisoned in the penitentiary for not less
than one year nor more than fifteen years, or fined not more than
twenty-five thousand dollars, or both;
(ii) Any other counterfeit substance classified in Schedule
I, II, or III, is guilty of a felony, and, upon conviction, may
be imprisoned in the penitentiary for not less than one year nor
more than five years, or fined not more than fifteen thousand
dollars, or both;
(iii) A counterfeit substance classified in Schedule IV, is
guilty of a felony, and, upon conviction, may be imprisoned in
the penitentiary for not less than one year nor more than three
years, or fined not more than ten thousand dollars, or both;
(iv) A counterfeit substance classified in Schedule V, 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 five thousand dollars, or both.
(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
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 section 407,
subject to the limitations specified in said section 407, or upon
conviction, such person may be confined in the county jail not
less than ninety days nor more than six months, or fined not morethan one thousand dollars, or both: Provided, That
notwithstanding any other provision of this act to the contrary,
any first offense for possession of less than 15 grams of
marihuana shall be disposed of under said section 407.
(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 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, may be imprisoned in the
county jail for not less than six months nor more than one year,
or fined not more than five thousand dollars, or both. Any person
being eighteen years old or more, who violates subdivision (1) of
this subsection, and, in so doing distributes or delivers an
imitation controlled substance to a minor child who is at least
three years younger than such person, is guilty of a felony, and,
upon conviction, may be imprisoned in the penitentiary for not
less than one year nor more than three years, or fined not more
than ten thousand dollars, or both.
(4) The provisions of subdivision (1) of this subsection
shall not apply to a practitioner who administers or dispenses a
placebo.
NOTE: The purpose of this bill is to provide additional
prohibited acts under the controlled substances act and to
increase criminal penalties for certain violations of the act.
Strike-throughs indicate language that would be stricken
from the present law, and underscoring indicates new language
that would be added.