HB4018 SUB ENR
H. B. 4018
(By Delegates D. Poling, Swartzmiller
[Passed March 12, 2010; in effect ninety days from passage.]
AN ACT to amend the Code of West Virginia,1931, as amended, by
adding thereto a new section, designated §60A-4-413, relating
to establishing that the manufacture or possession of an
extract or compound intended for human consumption containing
Salvia divinorum is unlawful; and creating criminal penalties
Be it enacted by the Legislature of West Virginia:
That the Code of West Virginia, 1931, be amended, by adding
thereto a new section, designated §60A-4-413, to read as follows:
ARTICLE 4. OFFENSES AND PENALTIES.
§60A-4-413. Unlawful production, manufacture or possession of
(a) For purposes of this section, "Salvia divinorum" means an
herb belonging to the Lamiaceae family, genus of Salvia, species of
divinorum, with common names including, but not limited to,
"Salvia," "Ska Pastora," "Shepherdess's Herb," "Maria Pastora,"
"yerba de Maria," "Purple Sticky" and "Sally-D."
(b) It is unlawful for any person to knowingly or intentionally manufacture or possess an extract, compound,
concentrate, or other processed substance intended for human
consumption which contains Salvia divinorum, unless the substance
was obtained directly from, or pursuant to, a valid prescription or
order of a licensed physician or dispensed by a pharmacist for a
recommended or medically necessary therapeutic use. 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 more than
six months, or fined not more than $1,000, or both.
Notwithstanding any other provision of this code to the contrary,
any first offense for possession of Salvia divinorum shall be
disposed of under section four hundred seven of this article.
(c) The provisions of this section shall not apply to licensed
physicians, pharmacists, and accredited hospitals and teaching
facilities engaged in the research or study of Salvia divinorum,
and shall not include any person participating in clinical trials
involving the use of Salvia divinorum.