Miscellaneous Drug Screening AdulterationĪttempts to adulterate drug screening test or selling or knowingly possessing products for that purpose is punishable: Paraphernalia: Any property, including money, used in violation of the provisions of this section may be seized and forfeited to the state. Code §60A-4-409(b)(2) (2015) Web SearchĮverything involved in the production and transportation processes of controlled substances, including cars, houses, and monetary funds, are liable to be forfeited to the State after a successful prosecution of a drug distribution or manufacturing case. Trafficking marijuana into West Virginia carries a mandatory minimum sentence of not less than 1 year. Eighteen years of age or older and the distribution upon which the conviction is based occurred in or on, or within one thousand feet of a public or private elementary, vocational or secondary school or a public or private college, junior college or university in this state.Twenty-one years of age or older at the time of the distribution upon which the conviction is based, and the person to whom the controlled substance was distributed was under the age of eighteen years at the time of the distribution or.Mandatory two year minimum sentence (doubling WV’s regular one year minimum for marijuana felonies) if the offender is: Possession is a misdemeanor, while distribution and manufacture are felonies. Code §60A-4-408 (2015) Web SearchĬonditional discharge for first offense of possession: For a first drug related possession charge, the court can give the offender probation with the traditional array of drug testing and supervision traditionally part of the probation process. Second or subsequent convictions for both possession and distribution are eligible for double the penalty set out in law. Code §§ 60A- 2-204(d) (19) (2015) Web SearchĪny person who conducts, finances, manages, supervises, directs or owns all or part of an illegal drug paraphernalia business is guilty of a misdemeanor, and is subject to no more than a $5,000 fine, or no less than six months and no more than 1 year imprisonment. Hashish and concentrates are considered a compound or preparation of marijuana and constitute a Schedule I controlled substance. See the “Possession” and “Sale or Distribution” sections for further penalty details. Code §§ 60A-4-401-409 (2015) Web SearchĬultivation in West Virginia will be punished based upon the aggregate weight of the plants found as either simple possession or as possession with the intent to distribute. West Virginia has a two-year mandatory minimum sentence for sale/distribution to a minor or if sale/delivery occurs within 1,000 feet of a school. Trafficking marijuana into West Virginia is punishable by no less than 1 year and no more than 5 years imprisonment and fined up to $10,000. Includes possession with the intent to distribute marijuana.įelony punishable by no less than 1 year, and no more than 5 years, imprisonment and a fine of not more than $15,000. Possession of marijuana in any amount is a misdemeanor punishable by not less than 90 days, nor more than 6 months and not fined more than $1,000.Ĭonditional discharge for first offense of possession of less than 15 grams of marijunana or possession of synthetic cannabis: For a first drug related possession charge, the court can give the offender probation with the traditional array of drug testing and supervision traditionally part of the probation process. Mandatory driver's license revocation for any felony offense when a motor vehicle is used in its commission. Owns,finances, manages, supervises, all or part all of an illegal drug paraphernalia businessĮverything involved in the production and transportation processes of controlled substances are liable to be forfeited.Īttempt to defeat a drug screening test by false sample or offers for sale a product to defeat a drug screening test Please see the marijuana penalties section for further details. Penalties for hashish are the same as for marijuana. See Possession and Sale sections for details. Includes possession with intent to distribute Less than 15 g or possession of synthetic cannabis (first offense)
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