Bill Summary – FastDemocracy

WEST VIRGINIA LEGISLATURE
REGULAR SESSION
                   Enrolled Committee Substitute for Senate Bill 269
 By Senators Deeds, Grady, Takubo, Trump, Caputo,
        Swope, Woodrum, Hunt, and Woelfel [Passed January 26, 2024; in effect from passage]
     Enr CS for SB 269
  AN ACT to amend and reenact §47-19-3 of the Code of West Virginia, 1931, as amended; and to
          repeal §60A-4-403a of said code, relating to excluding test strips from the definition of drug
          paraphernalia; and specifying that possession, sale, or purchase of drug test strips is not
          prohibited.
     Be it enacted by the Legislature of West Virginia:
                           CHAPTER 47. REGULATION OF TRADE.
     ARTICLE                       19.                     DRUG                    PARAPHERNALIA.
     §47-19-3. Drug paraphernalia defined.
          (a) The following items, if marketed for use or designed for the use with controlled
  substances, are considered drug paraphernalia for the purpose stated in §47-19-1 et seq. of this
  code:
          (1) Kits marketed for use, or designed for use in planting, propagating, cultivating, growing,
  or harvesting of any species of plant which is a controlled substance or from which a controlled
  substance can be derived;
          (2) Kits marketed for use, or designed for use in manufacturing, compounding, converting,
  producing, processing, or preparing controlled substances;
          (3) Isomerization devices marketed for use, or designed for use in increasing the potency
 of any species of plant which is a controlled substance;
         (4) Testing equipment marketed for use, or designed for use in identifying, or in analyzing
 the strength, effectiveness, or purity of controlled substances: Provided, That test strips are not
 considered drug paraphernalia for the purpose stated in §47-19-1 et seq. of this code;
         (5) Scales and balances used, intended for use, or designed for use in weighing or
 measuring controlled substances;
         (6) Diluents and adulterants, such as quinine hydrochloride, mannitol, mannite, dextrose
 and lactose, marketed for use, or designed for use in cutting controlled substances;
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     Enr CS for SB 269
        (7) Separation gins and sifters marketed for use, or designed for use in removing twigs and
 seeds from, or in otherwise cleaning or refining, marijuana;
        (8) Blenders, bowls, containers, spoons, and mixing devices used, intended for use, or
 designed for use in compounding controlled substances;
        (9) Capsules, balloons, envelopes, and other containers marketed for use, or designed for
 use in packaging small quantities of controlled substances;
        (10) Hypodermic syringes, needles, and other objects marketed for use, or designed for
 use in parenterally injecting controlled substances into the human body;
        (11) Paper of colorful design, with names oriented for use with controlled dangerous
 substances and displayed: Provided, That white paper or tobacco-oriented paper not necessarily
 designed for use with controlled substances is not covered;
        (12) Pipes displayed in the proximity of roach clips, or literature encouraging illegal use of
 controlled substances, are covered by this article: Provided, That pipes otherwise displayed are
 not covered by this article;
        (13) Roach clips: Meaning objects used to hold burning material, such as a marijuana
 cigarette, that have become too small or too short to be held in the hand;
        (14) Miniature cocaine spoons and cocaine vials; and
        (15) Chillums or bongs.
        (b) In determining whether an object is marketed for use or designed for use as drug
 paraphernalia, the State Tax Commissioner or other authority should consider the following:
        (1) The proximity of the object, in time and space, to a controlled substance;
        (2) The existence of any residue of controlled substances on the object;
        (3) Instructions, oral or written, provided with the object concerning its use;
        (4) Descriptive materials accompanying the object which explain or depict its use;
        (5) National and local advertising concerning its use;
        (6) The manner in which the object is displayed for sale;
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     Enr CS for SB 269
        (7) Whether the owner, or anyone in control of the object, is a legitimate supplier of like or
 related items to the community, such as a licensed distributor or dealer of tobacco products;
        (8) Direct or circumstantial evidence of the ratio of sales of the object or objects to the total
 sales of the business enterprise; and
        (9) The existence and scope of legitimate uses for the object in the community.
              CHAPTER 60A. UNIFORM CONTROLLED SUBSTANCES.
     ARTICLE                 4.              OFFENSES                    AND                 PENALTIES.
     §60A-4-403a. Prohibition of illegal drug paraphernalia businesses; definitions; places deemed common and public nuisances; abatement; suit to abate nuisances;
            injunction; search warrants; forfeiture of property; penalties.
         [Repealed.]
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Statutes affected: 
Committee Substitute: 47-19-3, 60A-4-403a
Introduced Version: 47-19-3, 60A-4-403a
Enrolled Committee Substitute: 47-19-3, 60A-4-403a