SB 34
Establishing 3-year mandatory prison sentence for person convicted of illegal possession of Schedule I and Schedule II drugs
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Sign in to take action- Introduced
- Passed Senate
- Passed House of Delegates
- To Governor
- Became Law
Bill overview
This bill proposes to establish a mandatory three-year prison sentence for individuals convicted of possessing Schedule I or Schedule II drugs in West Virginia, with a notable exception for cannabis. The bill includes provisions for limited exceptions, such as for individuals incidentally exposed to the substances or forced to possess them, and offers a conditional discharge for first-time offenders. It also outlines a process for release with a non-extraditable warrant and a bus ticket to a state west of the Mississippi River.
Key provisions
- Mandatory three-year prison sentence for possession of Schedule I or Schedule II drugs (excluding cannabis).
- Exceptions for incidental exposure or forced possession.
- Conditional discharge for first-time offenders.
- Release with a non-extraditable warrant and a bus ticket to a state west of the Mississippi River.
- Increased fines for fentanyl possession.
- Requirement for drug court or treatment program for certain offenses.
- Expungement of records upon successful completion of probation.
- Presumption of consumption for Schedule I or II drugs.
Who is affected
- Individuals convicted of drug possession
- Potential drug offenders in West Virginia
- Law enforcement agencies
- Correctional facilities
- Individuals involved in drug treatment programs
Notable changes
- Increases the minimum sentence for fentanyl possession to three years.
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