H. B. 4018
(By Delegates D. Poling, Swartzmiller
[Introduced January 13, 2010; 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-4-413, relating
to establishing that possession of a mixture or preparation
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, distribution or
possession of salvia divinorum.
(a) For purposes of this section, "salvia divinorum" shall
mean an herb coming from the Lamiaceae family, genus of salvia,
species of divinorum, with common names including, but not limited
to 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 possess a material, compound, mixture or preparation
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 practitioner while acting in the
course of his or her professional practice, or except as otherwise
authorized by this act. 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 less than ninety days nor 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 usage
for medical reasons if approved by an institutional review board
of an institution in the state which has a multiple project
assurance contract approved by the Office of Protection from
Research Risks of the National Institutes of Health.
NOTE: The purpose of this bill is to
establish that possession
of a mixture or preparation intended for human consumption
containing salvia divinorum is unlawful. The bill also creates
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would