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.

The bill modifies existing legal language by inserting terms related to the possession, use, consumption, or being under the influence of controlled substances, and it expands the scope of offenses that can lead to conditional discharge. It also specifies that individuals convicted under the new provisions may be required to participate in drug treatment programs as a condition for discharge. 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 a criminal conviction for first-time offenders.

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