HB2415 H H&HR AM #1 3-4
The House Health and Human Resource Committee moves to amend the bill on page one, line fifteen, following the enacting clause by striking out the remainder of the bill and inserting in lieu thereof the following:
That §60A-4-412 of the Code of West Virginia,1931, be amended, by adding thereto a new section, designated §60A-4-412, to read as follows:
§60A-4-412. Unlawful production, manufacture, distribution or possession of hallucinogenic plants.
(a) It shall be unlawful for any person knowingly or intentionally to produce, manufacture, distribute or possess with intent to produce, manufacture, distribute or possess a material, compound, mixture or preparation intended for human consumption which contains a hallucinogenic plant. For the purposes of this section, Salvia divinorum is a hallucinogenic plant.
(b)Any person who violates this subsection is guilty of a misdemeanor, and disposition may be made under section four hundred seven of this article, subject to the limitations specified in said section, or upon conviction, such person may be confined in jail not less than ninety days nor more than six months, or fined not more than one thousand dollars, or both: Provided, That notwithstanding any other provision of this act to the contrary, any first offense for possession of a hallucinogenic plant shall be disposed of under said section.
(c) The provisions of this section shall not apply to usage for medical reasons if approved by an institutional review board of an institution in the state which has a multiple project assurance contract approved by the office of protection from research risks of the national institutes of health or for aesthetic, landscaping or decorative purposes.