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 specific criteria. The bill emphasizes the importance of drug treatment programs, allowing courts to require evaluations for drug court or participation in treatment as conditions for discharge and dismissal of charges. Overall, the legislation aims to strengthen penalties for serious drug offenses while providing pathways for rehabilitation for first-time offenders.

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