(A) No person shall knowingly or intentionally possess a controlled substance listed in the Uniform Substance Act, W. Va. Code Article 60A-2, unless the controlled substance was obtained directly from, or pursuant to, a valid prescription or order of a practitioner while acting in the course of his or her professional practice.
(B) Whenever any person who has not previously been convicted of any offense under the Uniform Controlled Substance Act, W. Va. Code Chapter 60A, or under any statute of the United States or of any state relating to narcotic drugs, marijuana, or stimulant, depressant or hallucinogenic drugs, pleads guilty to or is found guilty of possession of an amount of marijuana weighing less than 15 grams in violation of division (A) above, the Municipal Judge may discharge the person and dismiss proceedings against him or her after any fine or jail sentence imposed hereunder has been paid or served. The Municipal Judge, in determining whether or not to discharge the defendant and to dismiss proceedings against him or her, 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 marijuana, 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 consulting and has had at least 30 days time thereafter to begin participation in such counseling.
(C) 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 or she occupied prior to such arrest and trial. No person as to whom such 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 such arrest or trial in response to any inquiry made of him or her for any purpose.
(D) 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 recordations of the defendant’s arrest, trial and conviction pursuant to this section. The Municipal Court also shall contact 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.
(Prior Code, § 507.01) (Ord. 86-8, passed 4-1-1986) Penalty, see § 92.99