Senate Bill No. 142
(By Senators Kessler, Foster, Green, Jenkins, Minard, Stollings,
Wells, White, Barnes, Caruth, Deem, Hall, McKenzie and Yoder)
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[Originating in the Committee on the Judiciary;
reported January 18, 2007.]
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A BILL to amend and reenact §60A-10-15 of the Code of West
Virginia, 1931, as amended, relating to providing a penalty
for illegally possessing, possessing with intent to distribute
or distributing an iodine matrix.
Be it enacted by the Legislature of West Virginia:
That §60A-10-15 of the Code of West Virginia, 1931, as
amended, be amended and reenacted to read as follows:
ARTICLE 10. METHAMPHETAMINE LABORATORY ERADICATION ACT.
§60A-10-15. Iodine solution greater than 1.5 percent; prescription
or permit required; offenses; penalties.
(a) A person may offer to sell, sell or distribute an iodine
matrix only:
(1) As a prescription drug, pursuant to a prescription issued
by a veterinarian or physician licensed within the state; or
(2) To a person who is actively engaged in the legal practice of animal husbandry of livestock, as defined in section eight,
article one, chapter four of this code.
(b) Prescriptions issued under this section:
(1) Shall provide for a specified number of refills;
(2) May be issued by any means authorized by the Board of
Pharmacy; and
(3) May be filled by a person other than the veterinarian or
physician issuing the prescription.
(c) A person offering iodine matrix for sale:
(1) Shall store the iodine matrix so that the public does not
have access to the iodine matrix without the direct assistance or
intervention of a retail employee;
(2) Shall keep a record, which may consist of sales receipts
of each person purchasing iodine matrix; and
(3) Shall, if necessary to ascertain the identity of the
purchaser, ask for proof of identification from the purchaser.
(d) A person engaging in a regulated transaction pursuant to
the provisions of subsection (a) of this section
is guilty of a
misdemeanor if he or she offers to sell, sells or distributes shall
not possess with intent to distribute or distribute an iodine
matrix to a person who:
(1) Does not present a prescription or is not engaged in
animal husbandry, as required under subsection (a) of this section;
or
(2) Is not excepted under subsection
(g) (h) of this section.
(e) Any person who violates subsection (d) of this section is
guilty of a misdemeanor and, upon conviction, shall be fined not
more than ten thousand dollars.
(e) (f) A person
is guilty of a misdemeanor who shall not:
(1)
Possesses Possess an iodine matrix without proof of
obtaining the solution in compliance with subsection (a) of this
section; or
(2)
Offers to sell, sells or distributes Possess with intent
to distribute or distribute an iodine matrix in violation of
subsection (a) of this section.
(g) Any person who violates subsection (f) of this section is
guilty of a misdemeanor and, upon conviction, shall be fined not
more than ten thousand dollars.
(f) (h) The provisions of subdivision (1), subsection
(e) (f)
of this section do not apply to:
(1) A chemistry or chemistry-related laboratory maintained by:
(A) A public or private regularly established secondary
school; or
(B) A public or private institution of higher education that
is accredited by a regional or national accrediting agency
recognized by the United States Department of Education;
(2) A veterinarian licensed to practice pursuant to the
provisions of article ten, chapter thirty of this code;
(3) A health care facility; or
(4) A veterinarian, physician, pharmacist, retail distributor,
wholesaler, manufacturer, warehouseman or common carrier, or an
agent of any of these persons, who possesses an iodine matrix in
the regular course of lawful business activities.
(g) (i) As used in this section, "iodine matrix" means iodine
at a concentration greater than 1.5 percent, by weight, in a matrix
or solution.
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(NOTE: The purpose of this bill is to provide a penalty for
illegally possessing, possessing with intent to distribute or
distributing an iodine matrix.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.)
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