H. B. 2307
(By Delegates Iaquinta, Crosier,
Talbott and Staton)
[Introduced
January 11, 2006
; 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) Forty-five 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.
This section is new; therefore, strike-throughs and
underscoring have been omitted.