This bill amends the Code of West Virginia to establish a mandatory three-year prison sentence for individuals convicted of possessing Schedule I or II controlled substances, excluding cannabis. It introduces new legal language that specifies exceptions for individuals who are incidentally exposed to these substances or who are forced to possess them. Additionally, the bill allows for a conditional discharge for first-time offenders and includes provisions for a non-extraditable warrant that permits individuals to be released with a bus ticket to any state west of the Mississippi River after serving one year of their sentence.

The bill also modifies existing laws regarding the possession, use, and consumption of controlled substances, expanding the definitions and penalties associated with these offenses. It includes a provision for conditional discharge for first offenses, which allows individuals to avoid a conviction if they meet certain conditions, such as completing a drug treatment program. The bill aims to address the growing concerns surrounding drug possession and its consequences while providing pathways for rehabilitation for first-time offenders.

Statutes affected:
Introduced Version: 60A-4-401, 60A-4-407, 60A-4-407a