H. B. 2011

          (By Delegate Iaquinta)
          [Introduced February 13, 2013; 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 show prima facie evidence of the crime of possession with intent to deliver.
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 when a person possesses the following threshold amounts of the identified 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 the crime of possession with intent to deliver.

  This section is new; therefore, it has been completely underscored.