WEST virginia legislature

2017 regular session

Committee Substitute

for

House Bill 2579

By Delegates Sobonya, Romine, R., Upson, Foster, G., Foster, N., Summers, Storch, Arvon, Miller, Rohrbach and Zatezalo

[Originating in the Judiciary Committee]

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 providing for a differing penalty as to marihuana.

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: Provided, That for the substance marihuana, as designated pursuant to subdivision (24) subsection (d), section two hundred four, article two of this chapter, the penalty, upon conviction of a violation of this subsection, may be imprisoned in the state correctional facility for not less than one year nor more than five years, or fined not more than $15,000, or both fined and imprisoned.

(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.

NOTE: The purpose of this bill is to increase the penalties for transportation of narcotics and certain controlled substances into the state.

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