COMMITTEE SUBSTITUTE
FOR
Senate Bill No. 16
(By Senators Burdette, Mr. President, and Boley,
By Request of the Executive)
__________
[Originating in the Committee on the Judiciary;
reported February 4, 1994.]
__________
A BILL to amend article four, chapter sixty-a of the code of West
Virginia, one thousand nine hundred thirty-one, as amended,
by adding thereto a new section, designated section four
hundred nine, relating to transportation of certain
controlled substances into West Virginia; and penalties.
Be it enacted by the Legislature of West Virginia:
That article four, chapter sixty-a of the code of West
Virginia, one thousand nine hundred thirty-one, as amended, be
amended by adding thereto a new section, designated section four
hundred nine, to read as follows:
ARTICLE FOUR. OFFENSES AND PENALTIES.
§60A-4-409. Prohibiting acts; transporting into state controlled
substances; penalties.
Notwithstanding any other provision of this code:
(a) It shall be a separate and distinct offense for any
person to transport into this state, except as otherwiseauthorized by the provisions of this code, any controlled
substance with the intent to deliver said controlled substance.
(b) Any person who violates the provisions of 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 thereof, may be imprisoned in the penitentiary for not
less than one year nor more than fifteen years, or fined not more
than twenty-five thousand dollars, or both;
(2) Any other controlled substance classified in Schedule I,
II or III, shall be guilty of a felony, and, upon conviction
thereof, may be imprisoned in the penitentiary for not less than
one year nor more than five years, or fined not more than fifteen
thousand dollars, or both;
(3) A substance classified in Schedule IV, shall be guilty
of a felony, and, upon conviction thereof, may be imprisoned in
the penitentiary for not less than one year nor more than three
years, or fined not more than ten thousand dollars, or both;
(4) A substance classified in Schedule V, shall be guilty of
a misdemeanor, and, upon conviction thereof, may be confined in
the county jail for not less than six months nor more than one
year, or fined not more than five thousand dollars, or both.