This bill amends West Virginia's Code regarding the penalties associated with fentanyl-related offenses. It clarifies that individuals who manufacture, deliver, or possess fentanyl, either alone or in combination with other substances, will face enhanced penalties. Specifically, the bill stipulates that violators may be fined up to $50,000 and imprisoned for a minimum of three years and a maximum of 15 years. Additionally, the bill introduces new provisions that make it unlawful to adulterate or counterfeit substances using fentanyl, with similar penalties of three to 15 years of imprisonment and fines up to $50,000 for those offenses.

The bill also modifies existing language to specify that the enhanced penalties apply when the controlled substance involved is known to be fentanyl. It retains the current penalties for other controlled substances classified in Schedules I through V, while also addressing the unlawful creation and distribution of imitation controlled substances. Overall, the legislation aims to strengthen the legal framework surrounding fentanyl-related crimes and ensure that offenders face significant consequences for their actions.

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