The bill amends the West Virginia Code to significantly increase penalties for various drug offenses, particularly focusing on controlled substances such as heroin, cocaine, methamphetamine, and fentanyl. Key changes include classifying possession of Schedule I and II narcotics as felonies with minimum sentences of three years and maximum sentences of 15 years. Additionally, the bill establishes a minimum incarceration period of 10 years for drug delivery resulting in death and allows for certain felony charges to be reduced to misdemeanors if individuals complete a court-ordered drug treatment program. The legislation also mandates that inert substances mixed with controlled substances be included in weight measurements for sentencing.

Moreover, the bill redefines weight thresholds for felony charges, lowering the minimum amounts for heroin from 50 grams to 10 grams and for cocaine from 500 grams to 100 grams. It establishes indeterminate sentences for these offenses, with minimum sentences increased to five years and up to 40 years for drug delivery resulting in death, while prohibiting suspension, probation, or alternative sentencing. The bill clarifies that a mixture must contain a detectable amount of a controlled substance to be classified as such and specifies that if a mixture contains multiple controlled substances, the weight will be assigned to the substance incurring the greater penalty. Overall, the legislation aims to enhance penalties and clarify legal definitions to address substance abuse and trafficking issues in West Virginia.

Statutes affected:
Introduced Version: 60A-4-401, 60A-4-409, 60A-4-414, 60A-4-416