(a) Prohibited. It is unlawful for any person knowingly or intentionally to possess a controlled substance, specifically a drug, substance or immediate precursor in schedules I through V as set forth in West Virginia Code 60A-2-204, 60A-2-206, 60A-2-208, 60A-2-210 and 60A-2- 212 (West Virginia Code 60A-2-204 et seq.), unless the substance was obtained directly from or pursuant to, a valid prescription or order of a practitioner while acting in the course of her professional practice, or except as otherwise authorized. Any person who violates this section is guilty of a misdemeanor and may be fined up to five hundred dollars ($500.00) and/or sentenced to thirty days in jail; however, notwithstanding any other provision of this division to the contrary, any first offense for possession of fifteen grams or less of marijuana shall be disposed of.
(b) Conditional Discharge for First Offense Possession.
(1) Whenever any person who has not previously been convicted of any offense under this Code or under any state statute or statute of the United States relating to narcotic drugs, marijuana, or stimulants, depressant or hallucinogenic drugs pleads guilty to or is found guilty of possession of a controlled substance under this section, the court, without entering a judgment of guilt and with the consent of the accused, may defer further proceedings and place such persons on probation upon terms and conditions. Upon violation of a term or condition, the court may enter an adjudication of guilt and proceed as otherwise provided. Upon fulfillment of the terms and conditions, the court shall discharge the person and dismiss the proceedings against him. Discharge and dismissal under this section shall be without adjudication of guilt and is not a conviction for purpose of this section or for purpose of disqualifications or disabilities imposed by law upon conviction of a crime, including the additional penalties imposed for second or subsequent convictions. The effect of such dismissal and discharge shall be to restore such person in contemplation of law to the status he 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 failure to disclose or acknowledge such arrest or trial in response to any inquiry made of him for any purpose. There may be only one discharge and dismissal under this section with respect to any person.
(2) 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 division, such person may apply to the court for an order to expunge from all official records all recordings of his arrest, trial and conviction pursuant to this section.
(Ord. 2077. Passed 1-6-06.)