The bill amends West Virginia's Code, specifically section 60-6-9, to establish that being under the influence of controlled substances in public is a misdemeanor, alongside existing prohibitions against public intoxication from alcoholic beverages. The definition of "intoxicated" is clarified to include impairment from both alcohol and controlled substances, aligning it with definitions in other sections of the code. The bill also modifies the language regarding law enforcement's authority to arrest individuals for public intoxication, allowing for discretion in issuing citations and providing options for transportation to safety or medical facilities.

Additionally, the bill outlines penalties for violations, including fines and mandatory counseling on alcohol and controlled substance dependence. First-time offenders may have their charges dismissed upon completion of a counseling program, while subsequent offenses carry increased fines and potential jail time. The bill also stipulates that individuals with three convictions within six months may be considered evidence of alcoholism or dependence on controlled substances. Overall, the legislation aims to address public intoxication and substance abuse through a combination of penalties and educational measures.

Statutes affected:
Introduced Version: 60-6-9
Committee Substitute: 60-6-9
Engrossed Committee Substitute: 60-6-9