H. B. 4426
(By Delegates Modesitt, L. Smith, Stemple,
Willison, Angotti, Manchin and Ashley)
[Introduced February 7, 2000; referred to the
Committee on the Judiciary.]
A BILL to amend and reenact section one, article nineteen, chapter
forty-seven of the code of West Virginia, one thousand nine
hundred thirty-one, as amended, relating to regulation of
trade and the sale of drug paraphernalia; and prohibiting
sales of drug paraphernalia outdoors.
Be it enacted by the Legislature of West Virginia:
That section one, article nineteen, chapter forty-seven of the
code of West Virginia, one thousand nine hundred thirty-one, as
amended, be amended and reenacted to read as follows:
ARTICLE 19. DRUG PARAPHERNALIA.
§47-19-1. Items designed or marketed for use with controlled
substances; license required; outdoor sales
prohibited.
(a) It shall be is unlawful for any person or persons as
principal, clerk, agent or servant to sell any items, effect,
paraphernalia, accessory or thing which is designed or marketed for
use with controlled substances, as defined in chapter sixty-a of
this code, without obtaining a license therefor from the state tax
commissioner. Such These licenses shall be are in addition to any
or all other licenses held by applicant. The fee for such the
license shall be one hundred fifty dollars.
(b) A person who has a license issued under the provisions of
this section may not sell any drug paraphernalia at any fair,
festival, musical or theatrical production, along any municipal
street or highway or any other event that is performed or conducted
outdoors. The license authorized by this article may only be used
for sales conducted indoors.
NOTE: The purpose of this bill is to prohibit the sale of drug
paraphernalia at events that are conducted outdoors.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.