(a) Except as authorized by W.Va. Code Chapter 60A, no person shall manufacture, deliver or possess with intent to deliver, a controlled substance classified in Schedule V under W.Va. Code §§ 60A-2-211 or 60A-2-212.
(b) (1) No person shall knowingly or intentionally possess a controlled substance as defined in W.Va. Code § 60A-1-101 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 or her professional practice, or except as otherwise authorized by W.Va. Code Chapter 60A.
(2) Any person who violates this subsection (b) is guilty of a misdemeanor and, disposition may be made under § 529.98, subject to the limitations specified in said section; provided, that any first offense for possession of synthetic cannabinoids, methylenedioxypyrovalerone (MPVD), methylenedioxypyrovalerone and/or mephedrone as defined in W.Va. Code Chapter 60A; or less than 15 grams of marijuana, shall be disposed of under § 529.98.
(c) Except as authorized by W.Va. Code Chapter 60A, no person shall create, deliver or possess with intent to deliver, a counterfeit substance as defined by W.Va. Code § 60A-1-101(f).
(d) It is unlawful for any person knowingly or intentionally:
(1) To create, distribute or deliver, or possess with intent to distribute or deliver, an imitation controlled substance as defined by W.Va. Code § 60A-1-101(g); or
(2) To create, possess or sell or otherwise transfer any equipment with the intent that such equipment shall be used to apply a trademark, trade name or other identifying mark, imprint, number or device, or any likeness thereof, upon a counterfeit substance, an imitation controlled substance, or the container or label of a counterfeit substance or an imitation controlled substance.
(3) A practitioner, as defined in W.Va. Code § 60A-1-101(y), who administers or dispenses a placebo shall be exempt from prosecution under subsection (d)(1) above.
(e) Whoever violates this section, upon conviction, shall be guilty of a misdemeanor for a first offense.
(Ord. passed 10-16-2018)