H. B. 4269
(By Delegate Reynolds)
[Introduced February 2, 2010; referred to the
Committee on Health and Human Resources then the Judiciary.]
A BILL to amend and reenact §47-19-1 of the Code of West Virginia,
1931, as amended, relating to restricting the sale of drug
paraphernalia to licensed pharmacies.
Be it enacted by the Legislature of West Virginia:
That §47-19-1 of the Code of West Virginia, 1931, 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 sold only by licensed pharmacies; license
required.
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: Provided, That only pharmacies licensed under
article five, chapter thirty of this code may sell drug
paraphernalia as defined in section three of this article. Such
These licenses shall be in addition to any or all other licenses
held by the applicant. The fee for such this license shall be
$150.
NOTE: The purpose of this bill is to
restrict the sale of drug
paraphernalia to licensed pharmacies.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.