This bill amends the Code of West Virginia to establish a mandatory three-year prison sentence for individuals convicted of possessing Schedule I or II controlled substances, excluding cannabis. It introduces specific exceptions for individuals who are incidentally exposed to these substances or who are compelled to possess them. Additionally, the bill allows for a conditional discharge for first-time offenders, enabling them to avoid a criminal record if they meet certain conditions. The bill also includes provisions for a non-extraditable warrant that permits individuals to be released for two weeks with a bus ticket to any state west of the Mississippi River after serving one year of their sentence.

Furthermore, the bill modifies existing legal language regarding the possession, use, and consumption of controlled substances, expanding the definitions and penalties associated with these offenses. It allows for the possibility of expungement of records for individuals who successfully complete probation and meet other criteria. The bill emphasizes the importance of drug treatment programs, allowing courts to require evaluations for admission into such programs as a condition for discharge and dismissal of charges. Overall, the legislation aims to address the serious issue of controlled substance possession while providing avenues for rehabilitation and reducing the long-term impact of criminal convictions on individuals.

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