This bill aims to amend the Code of West Virginia to classify the possession of fentanyl as a felony offense, establishing specific penalties for violations. Under the proposed changes, individuals found guilty of possessing fentanyl, either alone or in combination with other substances, would face imprisonment for a minimum of three years and a maximum of 15 years, or a fine of up to $50,000, or both. This new provision is inserted into the existing law, which already outlines penalties for other controlled substances, thereby elevating the legal consequences associated with fentanyl possession.

Additionally, the bill introduces a provision that makes it unlawful for any person to knowingly or intentionally possess a controlled substance that is fentanyl, categorizing it as a felony with similar penalties as those for possession with intent to manufacture or deliver. The bill also includes language that addresses the adulteration and counterfeiting of substances using fentanyl, further emphasizing the seriousness of offenses related to this potent drug. Overall, the legislation seeks to strengthen the legal framework surrounding fentanyl and enhance penalties to deter its possession and distribution.

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