H. B. 4067
(By Delegates Hamilton, Ellem, Stemple,
Argento, Canterbury, Azinger, Mahan,
Proudfoot, Guthrie, Kessler and Evans)
[Introduced January 17, 2008; referred to the
Committee on the Judiciary.]
A BILL to amend and reenact §60A-4-401 of the Code of West
Virginia, 1931, as amended, relating to criminal penalties for
methamphetamine and immediate precursors to methamphetamine.
Be it enacted by the Legislature of West Virginia:
That §60A-4-401 of the Code of West Virginia, 1931, as
amended, be amended and reenacted to read as follows:
ARTICLE 4. OFFENSES AND PENALTIES.
§60A-4-401. Prohibited acts A; penalties.
(a) Except as authorized by this act, it is unlawful for any
person to manufacture, deliver or possess with intent to
manufacture or deliver, a controlled substance.
Any person who violates this subsection with respect to:
(i) A controlled substance classified in Schedule I or II,
which is a narcotic drug, is guilty of a felony and, upon
conviction, may be imprisoned in the a state correctional facility
for not less than one year nor more than fifteen years, or fined not more than twenty-five thousand dollars, or both;
(ii) Any other controlled substance classified in Schedule I,
II or III is guilty of a felony and, upon conviction, may be
imprisoned in the a state correctional facility for not less than
one year nor more than five years, or fined not more than fifteen
thousand dollars, or both;
(iii) A substance classified in Schedule II as an immediate
precursor to methamphetamine is guilty of a felony and, upon
conviction, may be imprisoned in a state correctional facility for
not less than two years nor more than ten years;
(iii) (iv) A substance classified in Schedule IV is guilty of
a felony and, upon conviction, may be imprisoned in the a state
correctional facility for not less than one year nor more than
three years, or fined not more than ten thousand dollars, or both;
(iv) (v) A substance classified in Schedule V is guilty of a
misdemeanor and, upon conviction, may be confined in jail for not
less than six months nor more than one year, or fined not more than
five thousand dollars, or both: Provided, That for offenses
relating to any substance classified as Schedule V in article ten
of this chapter, the penalties established in said article apply.
(b) Except as authorized by this act, it is unlawful for any
person to create, deliver or possess with intent to deliver, a
counterfeit substance.
Any person who violates this subsection with respect to:
(i) A counterfeit substance classified in Schedule I or II,
which is a narcotic drug, is guilty of a felony and, upon
conviction, may be imprisoned in the a state correctional facility
for not less than one year nor more than fifteen years, or fined
not more than twenty-five thousand dollars, or both;
(ii) Any other counterfeit substance classified in Schedule I,
II or III is guilty of a felony and, upon conviction, may be
imprisoned in the a state correctional facility for not less than
one year nor more than five years, or fined not more than fifteen
thousand dollars, or both;
(iii) A counterfeit substance classified in Schedule IV is
guilty of a felony, and, upon conviction, may be imprisoned in the
a state correctional facility for not less than one year nor more
than three years, or fined not more than ten thousand dollars, or
both;
(iv) A counterfeit substance classified in Schedule V is
guilty of a misdemeanor and, upon conviction, may be confined in
jail for not less than six months nor more than one year, or fined
not more than five thousand dollars, or both: Provided, That for
offenses relating to any substance classified as Schedule V in
article ten of this chapter, the penalties established in said
article apply.
(c) It is unlawful for any person knowingly or intentionally
to possess a controlled substance 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 one
thousand dollars, or both
: Provided, That notwithstanding any
other provisions of this act to the contrary, any first offense for
possession of less than 15 grams of marijuana shall be disposed of
under said section.
(d) It is unlawful for any person knowingly or intentionally:
(1) To create, distribute or deliver, or possess with intent
to distribute or deliver, an imitation controlled substance; or
(2) To create, possess or sell or otherwise transfer any
equipment with the intent that such equipment shall be used to
apply a trademark, trade name, or other identifying mark, imprint,
number or device, or any likeness thereof, upon a counterfeit
substance, an imitation controlled substance, or the container or
label of a counterfeit substance or an imitation controlled
substance.
(3) Any person who violates this subsection is guilty of a
misdemeanor and, upon conviction, may be imprisoned in jail for not less than six months nor more than one year, or fined not more than
five thousand dollars, or both. Any person being eighteen years
old or more who violates subdivision (1) of this subsection and, in
so doing, distributes or delivers an imitation controlled substance
to a minor child who is at least three years younger than such
person is guilty of a felony and, upon conviction, may be
imprisoned in
the a state correctional facility for not less than
one year nor more than three years, or fined not more than ten
thousand dollars, or both.
(4) The provisions of subdivision (1) of this subsection shall
not apply to a practitioner who administers or dispenses a placebo.
NOTE: The purpose of this bill is to establish criminal
penalties of not less than two years nor more than ten years for
the manufacture, delivery or possession of methamphetamine
precursors.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.
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