WEST virginia legislature

2016 regular session

Introduced

Senate Bill 479

By Senators Trump, Miller, Ashley, Boso, Carmichael, Gaunch, Karnes, Leonhardt, Plymale and Prezioso

[Introduced February 2, 2016;
Referred to the Committee on the Judiciary.]

A BILL to amend and reenact §60A-4-409 of the Code of West Virginia, 1931, as amended, relating to increasing 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 controlled substance.

(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 less than 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 Joint Committee on the Judiciary that met during the 2015-2016 Interim session."