(a) It is unlawful for any person knowingly or intentionally to possess a controlled substance as defined by the provisions of Chapter 60A of West Virginia Code, the Uniform Controlled Substances Act, unless the substance was obtained directly from, or pursuant to, a valid prescription or order of a practitioner while acting in the course of his professional practice, or except as otherwise authorized by the provisions of said Act. Any person who violates this section is guilty of a misdemeanor and disposition may be made under subsection (b) hereof, subject to the limitations specified in said subsection, or upon conviction such person may be fined up to five hundred dollars ($500.00); provided, that notwithstanding any other provision of this section to contrary, any first offense for possession of Synthetic Cannabinoids as defined by subdivision (32) of subsection (d), section 101, (West Virginia Code §60A-1-101) article 1 of the Uniform Controlled Substances Act; 3,4-methylenedioxypyrovalerone (MPVD) and 3,4- methylenedioxypyrovalerone and/or mephedrone as defined in subsection (f), section 101 (West Virginia Code §60A-1-101), article 1 of the Uniform Controlled Substances Act; or less than 15 grams of marijuna, shall be disposed of under said subsection (b) hereof.
(b) Whenever any person who has not previously been convicted of an offense under the Uniform Controlled Substances Act (West Virginia Code §60A-1-101), or under any statute of the United States or of any state or this code or any ordinance of any other municipality relating to narcotic drugs, marijuana, or stimulant, depressant, or halucinogenic drugs, pleads guilty to or is found guilty of possession of a controlled substance under subsection (a), the court, without entering a judgment of guilt and with the consent of the accused, may defer further proceedings and place him or her on unsupervised probation or upon such terms and conditions as the court shall deem warranted. Upon violation of said probation, the court may enter an adjudication of guilt and proceed as otherwise provided. Upon fulfillment of said probation, the court shall discharge the person and dismiss the proceedings against him or her. Discharge and dismissal under this section shall be without an adjudication of guilt and is not a conviction for purposes of this section or for purposes of disqualification or disabilities imposed by law upon conviction of a crime, including the additional penalties imposed for second or subsequent convictions under West Virginia Code §60A-4-408. The effect of the dismissal and discharge shall restore the person in contemplation of law to the status he or she occupied prior to arrest and trial. No person to whom a dismissal and discharge have been effected shall be thereafter held to be guilty of perjury, false swearing or otherwise giving a false statement by reason of his or her failure to disclose or acknowledge his or her arrest or trial in response to any inquiry made of him or her for any purpose. There may be only one discharge and dismissal under this section with respect to any person.
(c) After a period of not less than six months which shall begin to run immediately upon the expiration of a term of probation imposed upon any person under this section, the person may apply to the Circuit Court of Marion County, West Virginia for an order of expungement pursuant to the provisions of West Virginia Code §60A-4-407(b). Upon receipt of an order of expungement from the Circuit Court all official records and all recordations of his or her arrest, trial, and conviction, pursuant to this section shall be expunged.
(d) Notwithstanding any provisions of this code to the contrary, any person prosecuted pursuant to the provisions of this section whose case is disposed of pursuant to the provisions of this section shall be liable for any court costs assessable against a person convicted of a violation of subsection (a) hereof. Payment of such costs may be made a condition of probation.
The costs assessed pursuant to this section, whether as a term of probation or not, shall be distributed as other costs in accordance with law.
(Ord. 1584. Passed 2-26-13.)