WEST virginia legislature

2017 regular session

Introduced

House Bill 2671

By Delegates R. Miller, Lovejoy, Sobonya and Maynard

[Introduced February 22, 2017; Referred
to the Committee on Prevention and Treatment of Substance Abuse then the Judiciary.]

A BILL to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §60A-4-414, relating to providing that the manufacture, possession, or distribution of a controlled substance that is subsequently delivered is deemed delivery pursuant to the Controlled Substances Act.

Be it enacted by the Legislature of West Virginia:

That the Code of West Virginia, 1931, as amended, be amended by adding thereto a new section, designated §60A-4-414, to read as follows:

ARTICLE 4. OFFENSES AND PENALTIEs.

§60A-4-414. Participation of acts contributing to delivery of a controlled substance.

Any person who knowingly or intentionally commits a felony that is part of a series of acts that proximity causes the manufacture, possession or subsequent delivery of a controlled substance, for the purposes of this article, is guilty of the delivery of that controlled substance.

NOTE: The purpose of this bill is to create a new offense relating to the distribution of controlled substances; providing that committing a felony relating to the manufacture, possession, or distribution of a controlled substance equals distribution of the controlled substance.

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