ENROLLED
COMMITTEE SUBSTITUTE
FOR
H. B. 2505
(By Delegates
Perdue, Boggs, Hatfield, Cann, Rodighiero, Moye,
Poore, Border, C. Miller, Hamilton and Lawrence)
[Passed March 12, 2011; in effect thirty days from passage.]
AN ACT to amend and reenact §60A-1-101 the Code of West Virginia,
1931, as amended, to amend and reenact
§60A-2-204 of said
code
, and
to amend and reenact
§60A-4-401
of said code, all
relating to adding certain cannabinoids, hallucinogens and
stimulants to the Schedule I list of controlled substances;
proving penalties; and clarifying references to definitions.
Be it enacted by the Legislature of West Virginia:
That §60A-1-101 of the Code of West Virginia, 1931, as
amended, be amended and reenacted, that
§60A-2-204
of said code be
amended and reenacted, and that §60A-4-401 of said code be amended
and reenacted, all to read as follows:
ARTICLE 2. STANDARDS AND SCHEDULES.
§60A-1-101. Definitions.
As used in this act:
(a) "Administer" means the direct application of a controlled
substance whether by injection, inhalation, ingestion or any other means to the body of a patient or research subject by:
(1) A practitioner (or, in his presence, by his authorized
agent); or
(2) The patient or research subject at the direction and in
the presence of the practitioner.
(b) "Agent" means an authorized person who acts on behalf of
or at the direction of a manufacturer, distributor or dispenser.
It does not include a common or contract carrier, public
warehouseman or employee of the carrier or warehouseman.
(c) "Analogue" means a substance that, in relation to a
controlled substance, has a substantially similar chemical
structure.
(d) "Bureau" means the "Bureau of Narcotics and Dangerous
Drugs, United States Department of Justice" or its successor
agency.
(e) "Controlled substance" means a drug, substance or
immediate precursor in Schedules I through V of article two.
(f) "Counterfeit substance" means a controlled substance
which, or the container or labeling of which, without
authorization, bears the trademark, trade name or other identifying
mark, imprint, number or device, or any likeness thereof, of a
manufacturer, distributor or dispenser other than the person who in
fact manufactured, distributed or dispensed the substance.
(g) "Imitation controlled substance" means: (1) A controlled
substance which is falsely represented to be a different controlled
substance; (2) a drug or substance which is not a controlled substance but which is falsely represented to be a controlled
substance; or (3) a controlled substance or other drug or substance
or a combination thereof which is shaped, sized, colored, marked,
imprinted, numbered, labeled, packaged, distributed or priced so as
to cause a reasonable person to believe that it is a controlled
substance.
(h) "Deliver" or "delivery" means the actual, constructive or
attempted transfer from one person to another of: (1) A controlled
substance, whether or not there is an agency relationship; (2) a
counterfeit substance; or (3) an imitation controlled substance.
(i) "Dispense" means to deliver a controlled substance to an
ultimate user or research subject by or pursuant to the lawful
order of a practitioner, including the prescribing, administering,
packaging, labeling or compounding necessary to prepare the
substance for that delivery.
(j) "Dispenser" means a practitioner who dispenses.
(k) "Distribute" means to deliver, other than by administering
or dispensing, a controlled substance, a counterfeit substance or
an imitation controlled substance.
(l) "Distributor" means a person who distributes.
(m) "Drug" means: (1) Substances recognized as drugs in the
official "United States Pharmacopoeia, official Homeopathic
Pharmacopoeia of the United States or official National Formulary",
or any supplement to any of them; (2) substances intended for use
in the diagnosis, cure, mitigation, treatment or prevention of
disease in man or animals; (3) substances (other than food) intended to affect the structure or any function of the body of man
or animals; and (4) substances intended for use as a component of
any article specified in clause (1), (2) or (3) of this
subdivision. It does not include devices or their components,
parts or accessories.
(n) "Immediate derivative" means a substance which the "West
Virginia Board of Pharmacy" has found to be and by rule designates
as being the principal compound or any analogue of the parent
compound manufactured from a known controlled substance primarily
for use and which has equal or similar pharmacologic activity as
the parent compound which is necessary to prevent, curtail or limit
manufacture.
(o) "Immediate precursor" means a substance which the "West
Virginia Board of Pharmacy" (hereinafter in this act referred to as
the State Board of Pharmacy) has found to be and by rule designates
as being the principal compound commonly used or produced primarily
for use and which is an immediate chemical intermediary used or
likely to be used in the manufacture of a controlled substance, the
control of which is necessary to prevent, curtail or limit
manufacture.
(p) "Manufacture" means the production, preparation,
propagation, compounding, conversion or processing of a controlled
substance, either directly or indirectly or by extraction from
substances of natural origin, or independently by means of chemical
synthesis, or by a combination of extraction and chemical
synthesis, and includes any packaging or repackaging of the substance or labeling or relabeling of its container, except that
this term does not include the preparation, compounding, packaging
or labeling of a controlled substance:
(1) By a practitioner as an incident to his administering or
dispensing of a controlled substance in the course of his
professional practice; or
(2) By a practitioner, or by his authorized agent under his
supervision, for the purpose of, or as an incident to, research,
teaching or chemical analysis and not for sale.
(q) "Marijuana" means all parts of the plant "Cannabis sativa
L.", whether growing or not; the seeds thereof; the resin extracted
from any part of the plant; and every compound, manufacture, salt,
immediate derivative, mixture or preparation of the plant, its
seeds or resin. It does not include the mature stalks of the
plant, fiber produced from the stalks, oil or cake made from the
seeds of the plant, any other compound, manufacture, salt,
immediate derivative, mixture or preparation of the mature stalks
(except the resin extracted therefrom), fiber, oil or cake, or the
sterilized seed of the plant which is incapable of germination.
(r) "Narcotic drug" means any of the following, whether
produced directly or indirectly by extraction from substances of
vegetable origin or independently by means of chemical synthesis,
or by a combination of extraction and chemical synthesis:
(1) Opium and opiate and any salt, compound, immediate
derivative or preparation of opium or opiate.
(2) Any salt, compound, isomer, immediate derivative or preparation thereof which is chemically equivalent or identical
with any of the substances referred to in paragraph (1) of this
subdivision, but not including the isoquinoline alkaloids of opium.
(3) Opium poppy and poppy straw.
(4) Coca leaves and any salt, compound, immediate derivative
or preparation of coca leaves and any salt, compound, isomer,
immediate derivative or preparation thereof which is chemically
equivalent or identical with any of these substances, but not
including decocainized coca leaves or extractions of coca leaves
which do not contain cocaine or ecgonine.
(s) "Opiate" means any substance having an addiction-forming
or addiction-sustaining liability similar to morphine or being
capable of conversion into a drug having addiction-forming or
addiction-sustaining liability. It does not include, unless
specifically designated as controlled under section two hundred
one, article two of this chapter, the dextrorotatory isomer of
3-methoxy-n-methylmorphinan and its salts (dextromethorphan). It
does not include its racemic and levorotatory forms.
(t) "Opium poppy" means the plant of the species "Papaver
somniferum L.", except its seeds.
(u) "Person" means individual, corporation, government or
governmental subdivision or agency, business trust, estate, trust,
partnership or association, or any other legal entity.
(v) "Placebo" means an inert medicament or preparation
administered or dispensed for its psychological effect, to satisfy
a patient or research subject or to act as a control in experimental series.
(w) "Poppy straw" means all parts, except the seeds, of the
opium poppy after mowing.
(x) "Practitioner" means:
(1) A physician, dentist, veterinarian, scientific
investigator or other person licensed, registered or otherwise
permitted to distribute, dispense, conduct research with respect
to, or to administer a controlled substance in the course of
professional practice or research in this state.
(2) A pharmacy, hospital or other institution licensed,
registered or otherwise permitted to distribute, dispense, conduct
research with respect to, or to administer a controlled substance
in the course of professional practice or research in this state.
(y) "Production" includes the manufacture, planting,
cultivation, growing or harvesting of a controlled substance.
(z) "State", when applied to a part of the United States,
includes any state, district, commonwealth, territory, insular
possession thereof and any area subject to the legal authority of
the United States of America.
(aa) "Ultimate user" means a person who lawfully possesses a
controlled substance for his own use or for the use of a member of
his household or for administering to an animal owned by him or by
a member of his household.
§60A-2-204. Schedule I.
(a) Schedule I shall consist of the drugs and other
substances, by whatever official name, common or usual name, chemical name, or brand name designated, listed in this section.
(b) Opiates. Unless specifically excepted or unless listed
in another schedule, any of the following opiates, including their
isomers, esters, ethers, salts and salts of isomers, esters and
ethers, whenever the existence of such isomers, esters, ethers and
salts is possible within the specific chemical designation (for
purposes of subdivision (34) of this subsection only, the term
isomer includes the optical and geometric isomers):
(1) Acetyl-alpha-methylfentanyl (N-[1-(1-methyl-2-phenethyl)
-4-piperidinyl]-N-phenylacetamide);
(2) Acetylmethadol;
(3) Allylprodine;
(4) Alphacetylmethadol (except levoalphacetylmethadol also
known as levo-alpha-acetylmethadol, levomethadyl acetate, or LAAM);
(5) Alphameprodine;
(6) Alphamethadol;
(7)Alpha-methylfentanyl (N-[1-(alpha-methyl-beta-phenyl)
ethyl-4-piperidyl] propionanilide; 1-(1-methyl-2-phenylethyl)-4-(N-
propanilido) piperidine);
(8) Alpha-methylthiofentanyl (N-[1-methyl-2-(2-thienyl) ethyl-
4-piperidinyl]-N-phenylpropanamide);
(9) Benzethidine;
(10) Betacetylmethadol;
(11) Beta-hydroxyfentanyl (N-[1-(2-hydroxy-2-phenethyl) -4-
piperidinyl]-N-phenylpropanamide);
(12) Beta-hydroxy-3-methylfentanyl (other name: N-[1-(2- hydroxy-2-phenethyl)-3-methyl-4-piperidinyl]-N-phenylpropanamide);
(13) Betameprodine;
(14) Betamethadol;
(15) Betaprodine;
(16) Clonitazene;
(17) Dextromoramide;
(18) Diampromide;
(19) Diethylthiambutene;
(20) Difenoxin;
(21) Dimenoxadol;
(22) Dimepheptanol;
(23) Dimethylthiambutene;
(24) Dioxaphetyl butyrate;
(25) Dipipanone;
(26) Ethylmethylthiambutene;
(27) Etonitazene;
(28) Etoxeridine;
(29) Furethidine;
(30) Hydroxypethidine;
(31) Ketobemidone;
(32) Levomoramide;
(33) Levophenacylmorphan;
(34) 3-Methylfentanyl (N-[3-methyl-1-(2-phenylethyl)-4-
piperidyl]-N-phenylpropanamide);
(35) 3-methylthiofentanyl (N-[3-methyl-1-(2-thienyl) ethyl-4-
piperidinyl]-N-phenylpropanamide);
(36) Morpheridine;
(37) MPPP (1-methyl-4-phenyl-4-propionoxypiperidine);
(38) Noracymethadol;
(39) Norlevorphanol;
(40) Normethadone;
(41) Norpipanone;
(42) Para-fluorofentanyl (N-(4-fluorophenyl)-N-[1-(2-
phenethyl)-4-piperidinyl] propanamide);
(43) PEPAP(1-(-2-phenethyl)-4-phenyl-4-acetoxypiperidine);
(44) Phenadoxone;
(45) Phenampromide;
(46) Phenomorphan;
(47) Phenoperidine;
(48) Piritramide;
(49) Proheptazine;
(50) Properidine;
(51) Propiram;
(52) Racemoramide;
(53) Thiofentanyl (N-phenyl-N-[1-(2-thienyl)ethyl-4-
piperidinyl]-propanamide);
(54) Tilidine;
(55) Trimeperidine.
(c) Opium derivatives. -- Unless specifically excepted or
unless listed in another schedule, any of the following opium
immediate
derivatives, its salts, isomers and salts of isomers
whenever the existence of such salts, isomers and salts of isomers is possible within the specific chemical designation:
(1) Acetorphine;
(2) Acetyldihydrocodeine;
(3) Benzylmorphine;
(4) Codeine methylbromide;
(5) Codeine-N-Oxide;
(6) Cyprenorphine;
(7) Desomorphine;
(8) Dihydromorphine;
(9) Drotebanol;
(10) Etorphine (except HCl Salt);
(11) Heroin;
(12) Hydromorphinol;
(13) Methyldesorphine;
(14) Methyldihydromorphine;
(15) Morphine methylbromide;
(16) Morphine methylsulfonate;
(17) Morphine-N-Oxide;
(18) Myrophine;
(19) Nicocodeine;
(20) Nicomorphine;
(21) Normorphine;
(22) Pholcodine;
(23) Thebacon.
(d) Hallucinogenic substances. -- Unless specifically
excepted or unless listed in another schedule, any material, compound, mixture or preparation, which contains any quantity of
the following hallucinogenic substances, or which contains any of
its salts, isomers and salts of isomers, whenever the existence of
such salts, isomers, and salts of isomers is possible within the
specific chemical designation (for purposes of this subsection
only, the term "isomer" includes the optical, position and
geometric isomers):
(1) Alpha-ethyltryptamine; some trade or other names:
etryptamine; Monase; alpha-ethyl-1H-indole-3-ethanamine; 3-(2-
aminobutyl) indole; alpha-ET; and AET;
(2) 4-bromo-2, 5-dimethoxy-amphetamine; some trade or other
names: 4-bromo-2,5-dimethoxy-alpha-methylphenethylamine; 4-bromo-
2,5-DMA;
(3) 4-Bromo-2,5-dimethoxyphenethylamine; some trade or other
names: 2-(4-bromo-2,5-dimethoxyphenyl)-1-aminoethane; alpha-
desmethyl DOB; 2C-B, Nexus;
(4) 2,5-dimethoxyamphetamine; some trade or other names:
2,5-dimethoxy-alpha-methylphenethylamine; 2,5-DMA;
(5) 2,5-dimethoxy-4-ethylamphet-amine; some trade or other
names: DOET;
(6) 4-methoxyamphetamine; some trade or other names:
4-methoxy-alpha-methylphenethylamine; paramethoxyamphetamine; PMA;
(7) 5-methyloxy-3, 4-methylenedioxy-amphetamine;
(8) 4-methyl-2,5-dimethoxy-amphetamine; some trade and other
names: 4-methyl-2,5-dimethoxy-alpha-methylphenethylamine; "DOM";
and "STP";
(9) 3,4-methylenedioxy amphetamine;
(10) 3,4-methylenedioxymethamphetamine (MDMA);
(11) 3,4-methylenedioxy-N-ethylamphetamine (also known as N-
ethyl-alpha-methyl-3,4 (methylenedioxy) phenethylamine, N-ethyl
MDA, MDE, MDEA);
(12) N-hydroxy-3,4-methylenedioxyamphetamine (also known as N-
hydroxy-alpha-methyl-3,4 (methylenedioxy) phenethylamine, and N-
hydroxy MDA);
(13) 3,4,5-trimethoxy amphetamine;
(14) Bufotenine; some trade and other names: 3-
(beta-Dimethylaminoethyl)-5-hydroxyindole;3-(2-dimethylaminoethyl)
-5-indolol; N, N-dimethylserotonin; 5-hydroxy-N,N-
dimethyltryptamine; mappine;
(15) Diethyltryptamine; some trade and other names: N,
N-Diethyltryptamine; DET;
(16) Dimethyltryptamine; some trade or other names: DMT;
(17) Ibogaine; some trade and other names: 7-Ethyl-6, 6
Beta, 7, 8, 9, 10, 12, 13-octahydro-2-methoxy-6, 9-methano-5H-
pyrido [1', 2': 1, 2] azepino [5,4-b] indole; Tabernanthe iboga;
(18) Lysergic acid diethylamide;
(19) Marihuana;
(20) Mescaline;
(21) Parahexyl-7374; some trade or other names: 3-Hexyl
-1-hydroxy-7, 8, 9, 10-tetrahydro-6, 6, 9-trimethyl-6H-dibenzo
[b,d] pyran; Synhexyl;
(22) Peyote; meaning all parts of the plant presently classified botanically as Lophophora williamsii Lemaire, whether
growing or not, the seeds thereof, any extract from any part of
such plant, and every compound, manufacture, salts,
immediate
derivative, mixture or preparation of such plant, its seeds or
extracts;
(23) N-ethyl-3-piperidyl benzilate;
(24) N-methyl-3-piperidyl benzilate;
(25) Psilocybin;
(26) Psilocyn;
(27) Tetrahydrocannabinols; synthetic equivalents of the
substances contained in the plant, or in the resinous extractives
of Cannabis, sp. and/or synthetic substances,
immediate
derivatives
and their isomers with similar chemical structure and
pharmacological activity such as the following:
delta-1 Cis or trans tetrahydrocannabinol, and their optical
isomers;
delta-6 Cis or trans tetrahydrocannabinol, and their optical
isomers;
delta-3,4 Cis or trans tetrahydrocannabinol, and its optical
isomers;
(Since nomenclature of these substances is not internationally
standardized, compounds of these structures, regardless of
numerical designation of atomic positions covered.)
(28) Ethylamine analog of phencyclidine; some trade or other
names: N-ethyl-1-phenylcyclohexylamine, (1-phenylcyclohexyl)
ethylamine, N-(1-phenylcyclohexyl) ethylamine, cyclohexamine, PCE;
(29) Pyrrolidine analog of phencyclidine; some trade or other
names: 1-(1-phenylcyclohexyl)-pyrrolidine, PCPy, PHP;
(30) Thiophene analog of phencyclidine; some trade or other
names: 1-[1-(2-thienyl)-cyclohexyl]-piperidine, 2-thienylanalog of
phencyclidine; TPCP, TCP;
(31) 1[1-(2-thienyl)cyclohexyl]pyrroldine; some other names:
TCPy.
(32) Synthetic Cannabinoids as follows:
(a) 2-[(1R,3S)-3-hydroxycyclohexyl]-5-(2-methyloctan-2-
yl)phenol) {also known as CP 47,497 and homologues};
(b) rel-2-[(1S,3R)-3-hydroxycyclohexyl]-5-(2-methylnonan-2-
yl)phenol {also known as CP 47,497-C8 homolog};
(c) [(6aR)-9-(hydroxymethyl)-6,6-dimethyl-3-(2-methyloctan-2-
yl)-6a,7,10,10a-tetrahydrobenzo[c]chromen-1-ol)] {also known as HU-
210};
(d) (dexanabinol, (6aS,10aS)-9-(hydroxymethyl)-6,6-dimethyl-3-
(2-methyloctan-2-yl)-6a,7,10,10a-tetrahydrobenzol[c]chromen-1-ol)
{also known as HU-211};
(e) 1-Pentyl-3-(1-naphthoyl)indole {also known as JWH-018};
(f) 1-Butyl-3-(1-naphthoyl)indole {also known as JWH-073};
(g) (2-methyl-1-propyl-1H-indol-3-yl)-1napthalenyl-methanone
{also known as JWH-015};
(h) (1-hexyl-1H-indol-3-yl)-1-naphthalenyl-methanone {also
known as JWH-019};
(i) [1-[2-(4-morpholinyl)ethyl]-1H-indol-3-yl]-1-naphthalenyl-
methanone {also known as JWH-200};
(j) 1-(1-pentyl-1H-indol-3-yl)-2-(3-hydroxyphenyl)-ethanone
{also known as JWH-250};
(k) 2-((1S,2S,5S)-5-hydroxy-2-(3-hydroxtpropyl)cyclohexyl)-5-
(2-methyloctan-2-yl)phenol {also known as CP 55,940};
(l) (4-methyl-1-naphthalenyl)(1-pentyl-1H-indol-3-yl)-
methanone {also known as JWH-122};
(m) (4-methyl-1-naphthalenyl)(1-pentyl-1H-indol-3-yl)-
methanone {also known as JWH-398;
(n) (4-methoxyphenyl)(1-pentyl-1H-indol-3-yl)methanone {also
known as RCS-4};
(o)1-(1-(2-cyclohexylethyl)-1H-indol-3-yl)-2-(2-
methoxyphenyl)ethanone {also known as RCS-8}; and
(Since nomenclature of these substances is not internationally
standardized, any
immediate
precursor or
immediate
derivative of
these substances shall be covered).
(e) Depressants. Unless specifically excepted or unless
listed in another schedule, any material, compound, mixture, or
preparation which contains any quantity of the following substances
having a depressant effect on the central nervous system, including
its salts, isomers and salts of isomers whenever the existence of
such salts, isomers and salts of isomers is possible within the
specific chemical designation:
(1) Mecloqualone;
(2) Methaqualone.
(f) Stimulants. Unless specifically excepted or unless
listed in another schedule, any material, compound, mixture, or preparation which contains any quantity of the following substances
having a stimulant effect on the central nervous system, including
its salts, isomers, and salts of isomers:
(1) Aminorex; some other names: aminoxaphen; 2-amino-5-
phenyl-2-oxazoline; or 4,5-dihydro-5-phenyl-2-oxazolamine;
(2) Cathinone; some trade or other names: 2-amino-1-phenyl-1-
propanone, alpha-aminopropiophenone, 2-aminopropiophenone, and
norephedrone;
(3) Fenethylline;
(4) Methcathinone, its
immediate
precursors and
immediate
derivatives, its salts, optical isomers and salts of optical
isomers; some other names: (2-(methylamino)-propiophenone;
alpha-(methylamino)propiophenone; 2-(methylamino)-1-phenylpropan-1-
one; alpha-N-methylaminopropiophenone; monomethylpropion; 3,4-
methylenedioxypyrovalerone and/or mephedrone;3,4-
methylenedioxypyrovalerone (MPVD); ephedrone; N-methylcathinone;
methylcathinone; AL-464; AL-422; AL- 463 and UR1432;
(5) (+-) cis-4-methylaminorex; ((+-)cis-4,5-dihydro-4-methyl-
5-phenyl-2-oxazolamine);
(6) N-ethylamphetamine;
(7) N,N-dimethylamphetemine; also known as N,N-alpha-
trimethyl-benzeneethanamine; N,N-alpha-trimethylphenethylamine.
(g) Temporary listing of substances subject to emergency
scheduling. Any material, compound, mixture or preparation which
contains any quantity of the following substances:
(1) N-[1-benzyl-4-piperidyl]-N-phenylpropanamide (benzylfentanyl), its optical isomers, salts, and salts of isomers.
(2)N-[1-(2-thienyl)methyl-4-piperidyl]-N-phenylpropanamide
(thenylfentanyl), its optical isomers, salts and salts of isomers.
(8) N-benzylpiperazine, also known as BZP.
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 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 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 IV is 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 ten thousand dollars, or both;
(iv) 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 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 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
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 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
provision of this act to the contrary, any first offense for
possession of Synthetic Cannabinoids as defined by subdivision (32)
subsection, (d), section 101, article 1 of this chapter;
3,4-
methylenedioxypyrovalerone (MPVD)and 3,4-methylenedioxypyrovalerone
and/or mephedrone as defined in subsection (f), section 101,
article 1 of this chapter;
or 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 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.