(a) It is unlawful for any person knowingly or intentionally to possess within the City of Princeton a controlled substance as defined by the West Virginia Uniform Control Substance Act, West Virginia Code §60A-1-101 et seq. unless the substance was obtained directly from or pursuant to a valid prescription order or while acting in the course of a professional practice or except as otherwise authorized per the laws of the State of West Virginia. Any person who violates this ordinance is guilty of a misdemeanor and may be sentenced up to thirty days in jail and/or fined up to one thousand dollars ($1,000).
(b) Regardless of subsection (a) herein, any person charged with first offense of possession of marijuana in an amount less than fifteen gms shall be placed on unsupervised probation for a period of time not greater than one year. Upon fulfillment of the terms and conditions, the Court shall discharge the person and dismiss the proceeding against him or her. This charge and dismissal under this section shall be without adjudication of guilt and is not a 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 be to restore the person in contemplation of law to the status he or she occupied prior to arrest and trial. No person as to whom a dismissal and discharge have been affected 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 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. Thereafter, pursuant to the provisions of West Virginia Code §60A-4-407, Subsection b, any person may move to expunge his or her record as provided by that section.
(Passed May 8, 2006.)