(a) No person shall knowingly or intentionally possess an amount of marihuana, less than fifteen grams in weight, unless the marihuana was obtained directly from, or pursuant to, a valid prescription or order of a practitioner while acting in the course of his professional practice.
(b) Whenever any person who has not previously been convicted of any offense under the Uniform Controlled Substances Act, to wit, West Virginia Code Chapter 60A, as amended, or under any statute of the United States or of any state relating to narcotic drugs, marihuana or stimulant, depressant or hallucinogenic drugs, pleads guilty to or is found guilty of possession of an amount of marihuana weighing less than fifteen grams in violation of subsection (a) hereof, the Municipal Judge may discharge the person and dismiss proceedings against him after any fine imposed hereunder has been paid. The Municipal Judge, in determining whether or not to discharge the defendant and to dismiss proceedings against him, shall take into account the following factors:
(1) The attitude of the defendant toward the offense mentioned herein, and
(2) Whether or not the defendant has sought professional counseling in relation to the possession of marihuana, as well as the nature and extent of such counseling and the defendant's response to such counseling; provided, that the defendant has been advised of the availability of such counseling and has had at least thirty days time thereafter to begin participation in such counseling.
Discharge and dismissal under this section shall be without adjudication of guilt and is not a conviction for purposes of this section or for purposes of disqualifications or disabilities imposed by law upon conviction of a crime. The effect of such dismissal and discharge shall be to restore such person in contemplation of law to the status he occupied prior to such arrest and trial. No person to whom such dismissal and discharge have been effected shall be thereafter held to be guilty of perjury, false swearing to disclose or acknowledge such arrest or trial in response to any inquiry made of him for any purpose.
(c) After discharge and dismissal under this section and upon proper motion by the defendant, the Municipal Court may issue an order expunging from all official records all recordation of this defendant's arrest, trial and conviction pursuant to this section. The Municipal Court also shall contact all Federal and State agencies which may have in their possession official records relating to the offense herein mentioned and request that all recordations relating to the defendant's arrest, trial and conviction, pursuant to this section, be expunged from such records.
(Ord. 8-17-82)