The proposed bill amends the West Virginia Code to enhance penalties for controlled substance violations, particularly focusing on narcotics such as heroin, cocaine, methamphetamine, and fentanyl. Key changes include reclassifying possession of Schedule I and II narcotics as felonies and establishing a minimum incarceration period of 10 years for drug delivery resulting in death, which is an increase from the previous minimum of three years. The bill also modifies weight thresholds for felony charges, reducing the minimum amounts for heroin from 50 grams to 10 grams and for cocaine from 500 grams to 100 grams. Additionally, it introduces provisions for the measurement of controlled substances in mixtures, ensuring that any mixture with a detectable amount of a controlled substance will be treated as that substance for weight calculations.

Moreover, the legislation aims to provide alternatives to incarceration for first-time offenders charged with possession, allowing for the potential reduction of felony charges to misdemeanors upon successful completion of a drug treatment program. It establishes stricter penalties for transporting controlled substances into the state and mandates that sentences for multiple controlled substance offenses are indeterminate and not subject to suspension or probation. The bill also imposes a two-year minimum sentence for failing to seek medical assistance during an overdose, with a maximum of ten years, thereby reinforcing the legal framework surrounding drug offenses while promoting rehabilitation efforts.

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