CHAPTER 60A. UNIFORM CONTROLLED SUBSTANCES ACT.
ARTICLE 6. MISCELLANEOUS PROVISIONS.
§60A-6-601. Pending proceedings.
(a) The provisions of this act shall govern and control as to
any offenses committed in violation thereof on and after the
effective date of this act, and the provisions of articles eight,
eight-a and eight-b, chapter sixteen of this code shall govern and
control as to any offenses committed in violation of said articles,
or any of them, prior to the effective date of this act, with like
effect as to such prior offenses as if said articles had not been
repealed and this act had not been enacted: Provided,
That if the
offense being prosecuted is similar to one set out in article four
of this act, then the penalties under article four apply if they
are less than those under prior law.
(b) Civil seizures of forfeitures and injunctive proceedings
commenced prior to the effective date of this act are not affected
by this act.
(c) All administrative proceedings pending under prior laws
which are superseded by this act shall be continued and brought to
a final determination in accord with the laws and rules in effect
prior to the effective date of the act. Any substance controlled
under prior law which is not listed within Schedules I through V,
is automatically controlled without further proceedings and shall
be listed in the appropriate schedule.
(d) The state board of pharmacy or the appropriate
departments, boards, and agencies, as specified in section 301,
shall initially permit persons to register who own or operate any
establishment engaged in the manufacture, distribution, or
dispensing of any controlled substance prior to the effective date of this act and who are registered or licensed by the state.
(e) This act applies to violations of law, seizures, and
forfeiture, injunctive proceedings, administrative proceedings, and
investigations which occur following its effective date.
§60A-6-602. Continuation of orders and rules.
Any orders and rules promulgated under any law affected by
this act and in effect on the effective date of this act and not in
conflict with it continue in effect until modified, superseded or
§60A-6-603. Uniformity of interpretation.
This act shall be so applied and construed as to effectuate
its general purpose to make uniform the law with respect to the
subject of this act among those states which enact it.
§60A-6-604. Short title.
This act may be cited as the Uniform Controlled Substances
If any provision of this act or the application thereof to any
person or circumstance is held invalid, such invalidity shall not
affect other provisions or applications of the act, and to this end
the provisions of this act are hereby declared to be severable.
Note: WV Code updated with legislation passed through the 2012 1st Special Session