SB 100
Amending penalty of simple marijuana possession from misdemeanor crime to civil violation
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- Passed Senate
- Passed House of Delegates
- To Governor
- Became Law
Bill overview
This bill proposes to change the penalty for simple possession of marijuana (less than 15 grams) in West Virginia from a misdemeanor crime to a civil violation. Currently, possession of small amounts of marijuana carries potential jail time and fines. Under this bill, the penalty would be a civil fine of no more than $25, with any violation treated as a civil offense. The bill also addresses the penalties for creating or distributing counterfeit substances and adulterating controlled substances with fentanyl.
Key provisions
- Changes the penalty for simple marijuana possession (less than 15 grams) from a misdemeanor to a civil violation with a maximum fine of $25.
- Addresses penalties for creating, distributing, or possessing counterfeit substances.
- Addresses penalties for adulterating controlled substances, specifically with the addition of fentanyl.
- Defines ‘imitation controlled substance’ and ‘counterfeit substance’ for legal clarity.
- Specifies penalties for distributing imitation controlled substances to minors.
- Exempts practitioners administering placebos from certain penalties.
- Clarifies that adulteration of a controlled substance with fentanyl constitutes a felony.
- Addresses penalties for creating counterfeit substances or imitation controlled substances using fentanyl.
Who is affected
- Individuals possessing small amounts of marijuana (less than 15 grams)
- Drug manufacturers and distributors
- Law enforcement agencies
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