WEST virginia Legislature
2016 regular session
House Bill 4576
By Delegates Sobonya, Weld, Azinger, Shott, Marcum, Byrd, Hicks, Fast, Rohrbach and Frich
17, 2016; Referred
to the Select Committee on Prevention and Treatment of Substance Abuse then the Judiciary.]
A BILL to amend and reenact §60A-4-409 of the Code of West Virginia, 1931, as amended, relating to increasing the penalties for transporting controlled substances into the state; and exempting marihuana from this provision.
Be it enacted by the Legislature of West Virginia:
That §60A-4-409 of the Code of West Virginia, 1931, as amended, be amended and reenacted to read as follows:
ARTICLE 4. OFFENSES AND PENALTIES.
§60A-4-409. Prohibited acts -- Transportation of controlled substances into state; penalties.
(a) Except as otherwise
authorized by the provisions of this code, it
shall be is
unlawful for any person to transport into this state a controlled substance
with the intent to deliver the same or with the intent to manufacture a
(b) Any person who violates this section with respect to:
(1) A controlled substance
classified in Schedule I or II, which is a narcotic drug, shall be guilty of a
felony and, upon conviction, may be imprisoned in the state correctional
facility for not less than
one year ten years nor more than fifteen
thirty years, or fined not more than $25,000, or both;
(2) Any other controlled
substance classified in Schedule I, II or III shall be guilty of a felony and,
upon conviction, may be imprisoned in the state correctional facility for not
one year five years nor more than five fifteen
years, or fined not more than $15,000, or both;
(3) A substance classified in Schedule IV shall be guilty of a felony and, upon conviction, may be imprisoned in the state correctional facility for not less than one year nor more than three years, or fined not more than $10,000, or both;
(4) A substance classified in Schedule V shall be 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 $5,000, 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) The offense established by this section shall be in addition to and a separate and distinct offense from any other offense set forth in this code.
(d) Notwithstanding anything herein to the contrary, marihuana may not be considered a controlled substance for purposes of this section.
NOTE: The purpose of this bill is to increase the penalties for transportation of narcotics and certain controlled substances into the state. The bill additionally exempts marihuana from these provisions.
Strike-throughs indicate language that would be stricken from a heading or the present law and underscoring indicates new language that would be added.
This bill was recommended for introduction by the following House members of the Joint Interim Committee on the Judiciary: Delegates Shott, Azinger, Byrd, Deem, Fleischauer, Fast, Folk, Foster, Hanshaw, Hicks, Ireland, Kessinger, McCuskey, Moore, Overington, Rowe, Shaffer, Skinner, Sobonya, Summers, Weld and B. White.