§ 111.24 CONTROLLED SUBSTANCES AND MARIJUANA; VIOLATIONS.

   (A)   Illegal possession of controlled substances and marijuana. No person shall:

      (1)   Consume or use any controlled substance including marijuana on any public sidewalk, walkway, entranceway, street, lane or other public place;

      (2)   Consume or use any controlled substance including marijuana in a motor vehicle on any highway, street, alley or in any other public place;

      (3)   Tender or sell any controlled substance including marijuana to another person in a public place;

      (4)   Possess any controlled substance including marijuana;

      (5)   Possess any controlled substance including marijuana, which was manufactured or acquired in violation of the provisions of W.Va. Code Ch. 60A; and

      (6)   Possess any paraphernalia as listed in W.Va. Code § 60A-4-403a, typically associated with the consumption of any controlled substance including marijuana.

(Prior Code, § 521.14)

   (B)   Violations of division (A) above. Any person who is in violation of possession of any controlled substance including marijuana in which the amount recovered is less than 15 grams as referenced in divisions (A)(4) and (A)(5) above and/or is in violation of the possession of paraphernalia as referenced in division (A)(6) above, is guilty of a misdemeanor, and will be referred to the Municipal Court.

   (C)   Medical Cannabis Act. The Medical Cannabis Act, being W.Va. Code Ch. 16A, is hereby adopted by reference.

(Prior Code, § 521.15)  (Ord. passed 1-13-2000)  Penalty, see § 111.99