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Committee Substitute House Bill 4018 History

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HB4018 SUB


H. B. 4018

(By Delegates D. Poling, Swartzmiller

and Manypenny)

(Originating in the Committee on the Judiciary)

[January 27, 2010]

A BILL 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:


§60A-4-413. Unlawful production, manufacture or possession of Salvia divinorum.

(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.

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