WEST virginia legislature

2017 regular session

Introduced

House Bill 2330

By Delegates Arvon and Hamilton
[Introduced February 10, 2017; Referred
to the Committee on Prevention and Treatment of Substance Abuse then the Judiciary.]

A BILL to repeal §47-19-2, §47-19-4, §47-19-5, §47-19-6 and §47-19-8 of the Code of West Virginia, 1931, as amended; to amend and reenact §47-19-1; §47-19-3 and §47-19-7 of said code; and to amend said code by adding thereto a new section, designated §47-19-9, all relating to drug paraphernalia; prohibiting possession, production or marketing-for-sale things designed or marketed for use with controlled substances; and providing criminal penalties.

Be it enacted by the Legislature of West Virginia:

That §47-19 -2, §47-19-4, §47-19-5, §47-19-6 and §47-19-8 of the Code of West Virginia, 1931, as amended, be repealed; that §47-19-1; §47-19-3 and §47-19-7 of said code, be amended and reenacted; and that said code be amended by adding thereto a new section, designated §47-19-9, all to read as follows:

ARTICLE 19. DRUG PARAPHERNALIA.

§47-19-1. Items designed or marketed for use with controlled substances; license required.

It is unlawful for any person to possess, produce or market for sale any items, effect, paraphernalia, accessory or thing which is designed or marketed for use with controlled substances as they are defined in chapter sixty-a of this code.

§47-19-3.  Drug paraphernalia defined.

(a) As used in this section, “paraphernalia” is defined as any legitimate equipment, product, or material that is modified for making, using, or concealing illegal drugs such as cocaine, cocaine-based derivative, heroin, marijuana, and methamphetamine and includes certain pipes, smoking masks, bongs, cocaine freebase kits, marijuana grow kits, roach clips and items such as hollowed out cosmetic cases or fake pagers used to conceal illegal drugs and dealer-specific products used for preparing illegal drugs for distribution at the street level, such as scales, vials and baggies, but is not limited to, the following:

(1) Metal, wooden, acrylic, glass, stone, plastic or ceramic pipes with or without screens, permanent screens, hashish heads, any container with drug residue (such as dinner plates, spoons), or punctured metal bowls;

(2) Water pipes;

(3) Carburetor tubes and devices;

(4) Smoking and carburetion masks;

(5) Roach clips, meaning objects used to hold burning material, such as a marijuana cigarette, that has become too small or too short to be held in the hand;

(6) Chambers pipes;

(7) Carburetor pipes;

(8) Electric pipes;

(9) Air-driven pipes;

(10) Chillums;

(11) Bongs;

(12) Ice pipes or chillers;

(13) Miniature cocaine spoons, and cocaine vials; and

(14) Needles without prescriptions.

(b) Drug paraphernalia does not include any items traditionally used with tobacco such as pipes and rolling papers.

§47-19-7.  Penalty.

Any person violating the provisions of this article as a first offense is guilty of a misdemeanor and, upon conviction thereof, shall be fined not more than $500.  A person who commits a second offense is guilty of a misdemeanor and, upon conviction thereof, shall be fined not more than $1,000.  A person who violates provisions of this article for a third or subsequent offense is guilty of a misdemeanor and, upon conviction thereof, shall be fined not more than $2,000 for each offense.

§47-19-9.  Severability.

If any provision of this section or the application thereof to any person or circumstance is held invalid; the invalidity shall not affect other provisions or applications of this article, and to this end the provisions of this article are severable.

NOTE: The purpose of this bill is to prohibit sale of paraphernalia designed or marketed for use with controlled substances.

Strike-throughs indicate language that would be stricken from a heading or the present law, and underscoring indicates new language that would be added.

§47-19-1, §47-19-3 and §47-19-7 have been completely rewritten; therefore, they have been completely underscored.