HB 5599 would make possessing fentanyl a felony offense, replacing its current misdemeanor classification. Under the bill, anyone found with fentanyl without a valid prescription could face up to 15 years in prison, a $25,000 fine, or both. The bill specifically targets fentanyl - a synthetic opioid - and applies to all possession, regardless of quantity, directly affecting individuals caught with the drug. This change amends West Virginia law to impose stricter penalties for fentanyl possession, aligning it with penalties for other serious controlled substances.
HB 4147 makes it unlawful for anyone under 21 to possess or use tobacco products in West Virginia. The bill imposes escalating penalties for violations: a $50 fine and eight hours of community service for a first offense, increasing to $200 and 24 hours for third or subsequent offenses. It includes an exception allowing minors assisting with tobacco compliance inspections to avoid penalties. The law directly affects individuals under 21 who possess or use tobacco products, with no mention of additional exemptions beyond the inspection exception.
HB 4662 would add penalties for West Virginia inmates found in possession of illegal drugs or testing positive for drug use while incarcerated. For a first offense, it mandates adding six months to an inmate's current sentence (to be served consecutively), and for each subsequent offense, it requires adding one year consecutively. The bill also requires drug testing to begin after three months of incarceration, with ongoing testing based on equipment availability or suspicion. This law directly affects inmates in West Virginia correctional facilities who test positive or possess drugs during their sentence.
Senate Bill 36 makes syringe exchange programs illegal in West Virginia, prohibiting any program where individuals can access sterile needles without a prescription. It requires all existing syringe exchange programs to cease operations by the bill's effective date, with a 120-day transition period allowed only for referrals to treatment - no syringes may be exchanged during this time. Harm reduction services like overdose prevention education, wound care, and opioid antagonist distribution remain permitted, provided they do not include syringe exchanges. Violators face civil penalties of up to $2,500 per day, and the state health office can seek court orders to enforce the law.
HB 4466 expands West Virginia's public intoxication law to include impairment from narcotics. It amends §60-6-9 to define "intoxicated" as covering impairment from controlled substances (narcotics), not just alcohol, when appearing in public. This makes it a misdemeanor for individuals to be publicly impaired by narcotics, punishable by fines ($5-$100) or mandatory education programs for first offenses. The law directly affects people appearing in public while impaired by narcotics, with penalties increasing for repeat violations. The change clarifies enforcement standards for law enforcement and judicial officers.
This bill (SB 34) creates a mandatory 3-year prison sentence for anyone convicted of illegally possessing Schedule I or II controlled substances (excluding cannabis). It applies to possession offenses, with exceptions for people who were incidentally exposed to the substances or forced to possess them. First-time offenders may qualify for conditional discharge, and the bill specifies that cannabis possession is not covered by this new sentencing requirement. The law amends existing West Virginia drug statutes to enforce these penalties.
HB 4988 would impose a life sentence on individuals convicted of knowingly distributing fentanyl, either alone or mixed with other substances. This amendment to West Virginia’s drug law specifically increases penalties for fentanyl trafficking under §60A-4-401(a)(i), replacing standard prison terms with life imprisonment when the dealer knew the substance was fentanyl. It directly affects convicted fentanyl dealers (not users or other drug offenses) who meet the "knowing" threshold. The bill targets fentanyl specifically, as other drug offenses retain lower penalties under the existing code.
