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 criminal penalties for actions involving the adulteration or counterfeiting of controlled substances using fentanyl. It specifies that any person who knowingly or intentionally adulterates another controlled substance with fentanyl, or creates counterfeit substances using fentanyl, will be guilty of a felony, facing similar sentencing guidelines as mentioned above. The bill aims to strengthen the legal framework surrounding fentanyl-related offenses, reflecting the growing concerns over the opioid crisis and the dangers posed by fentanyl in the drug supply.

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