This bill proposes amendments to the West Virginia Code regarding the possession of controlled substances, specifically targeting substances classified in Schedule I or II, which include narcotic drugs and methamphetamine. It introduces a new offense for simple possession of these substances, which will be triable only in circuit court. The bill repeals certain requirements for sentence enhancement related to fentanyl and establishes a procedure for the disposition of the new misdemeanor offense. Additionally, it creates a framework for second or subsequent offenses, allowing for the reduction of certain felony convictions to misdemeanor status under specified conditions, including participation in drug treatment programs.

The bill also outlines the rights of individuals charged with misdemeanor offenses, ensuring they receive the same initial appearance and preliminary examination rights as those charged with felonies. It mandates that the prosecuting attorney file an information in circuit court for misdemeanor violations and allows the court to impose conditions for reducing felony convictions to misdemeanors. The proposed changes aim to provide a more rehabilitative approach to drug offenses, focusing on treatment and reducing the penalties for simple possession while maintaining accountability for repeat offenders.

Statutes affected:
Introduced Version: 60A-4-401, 60A-4-407, 60A-4-407b, 60A-4-407c