The bill introduced on February 17, 2025, seeks to amend and reenact section 60A-4-401 of the Code of West Virginia, specifically addressing the legal ramifications surrounding fentanyl-related offenses. It clarifies the enhanced sentencing requirements for crimes involving fentanyl, establishing stricter penalties for individuals who manufacture, deliver, or possess fentanyl, either alone or in combination with other substances. Notably, the bill stipulates that individuals found guilty of such offenses may face imprisonment for a minimum of three years and up to 15 years, or fines of up to $50,000, or both. This replaces the previous language that required knowledge of the substance being fentanyl for enhanced penalties.

Additionally, the bill introduces new provisions that criminalize the adulteration of controlled substances with fentanyl, as well as the creation of counterfeit substances using fentanyl. Violators of these provisions will also face felony charges, with penalties mirroring those for direct fentanyl offenses. The bill aims to strengthen the legal framework surrounding fentanyl-related crimes, reflecting the growing concern over the substance's impact on public health and safety.

Statutes affected:
Introduced Version: 60A-4-401
Engrossed Version: 60A-4-401