COMMITTEE SUBSTITUTE
FOR
Senate Bill No. 16
(By Senators Burdette, Mr. President, and Boley,
By Request of the Executive)
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[Originating in the Committee on the Judiciary;
reported February 4, 1994.]
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A BILL to amend article four, chapter sixty-a of the code of West Virginia, one thousand nine hundred thirty-one, as amended, by adding thereto a new section, designated section four hundred nine, relating to transportation of certain controlled substances into West Virginia; and penalties.

Be it enacted by the Legislature of West Virginia:

That article four, chapter sixty-a of the code of West Virginia, one thousand nine hundred thirty-one, as amended, be amended by adding thereto a new section, designated section four hundred nine, to read as follows:
ARTICLE FOUR. OFFENSES AND PENALTIES.

§60A-4-409. Prohibiting acts; transporting into state controlled substances; penalties.

Notwithstanding any other provision of this code:
(a) It shall be a separate and distinct offense for any person to transport into this state, except as otherwiseauthorized by the provisions of this code, any controlled substance with the intent to deliver said controlled substance.
(b) Any person who violates the provisions of this section with respect to:
(1) A controlled substance classified in Schedule I or II which is a narcotic drug, shall be guilty of a felony, and, upon conviction thereof, 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;
(2) Any other controlled substance classified in Schedule I, II or III, shall be guilty of a felony, and, upon conviction thereof, 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;
(3) A substance classified in Schedule IV, shall be guilty of a felony, and, upon conviction thereof, 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) A substance classified in Schedule V, shall be guilty of a misdemeanor, and, upon conviction thereof, 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.