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 repeals certain requirements for sentence enhancements related to fentanyl offenses and establishes a new misdemeanor offense for simple possession of these substances, which will be triable only in circuit court. The bill also introduces a procedure for the disposition of these offenses, allowing for the reduction of certain felony convictions to misdemeanors under specified conditions, including successful completion of drug treatment programs.

Additionally, the bill 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 a second or subsequent offense within five years will be treated as a felony, while a conviction occurring five years or more after a prior conviction will revert to a misdemeanor. The legislation aims to provide a more structured approach to handling drug possession cases, emphasizing rehabilitation through drug treatment programs while maintaining legal accountability.

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