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(a) No person shall knowingly or intentionally possess a controlled substance listed in the Uniform Substance Act, Chapter 60A, Article 2 of the West Virginia Code, as amended, unless the controlled substance was obtained directly from, or pursuant to, a valid prescription or order of a licensed person authorized by law to prescribe the same. A person convicted of violating this section shall be punished by a fine of not more than five hundred dollars ($500.00) or by imprisonment not to exceed thirty (30) days, or by both such fine and imprisonment. The Court may, in addition to the foregoing fine and/or imprisonment, require the defendant to reimburse the jail costs to the City.
(b) Whenever any person who has not previously been convicted of any offense under the Uniform Controlled Substances Act, or under statute of the United States or of any state relating to narcotic drugs, marijuana, or any stimulant, depressant, or hallucinogenic drugs, pleads guilty to, or is found guilty of possession of an amount of marihuana weighing less than fifteen grams in violation of subsection (a) hereof, the Municipal Judge may discharge the person and dismiss proceedings against him, without entering a judgment of guilt, and, with the consent of the accused, may defer further proceedings and place such person on probation upon terms and conditions satisfactory to the Court, inclusive of payment of any costs imposed by the Court. Upon violation of any term or condition of probation, the Court may enter an adjudication of guilt and impose sentence of fine and/or imprisonment, or both, as provided in subsection (a) hereof. Upon fulfillment of said terms and provisions of probation, the Court shall discharge the person and dismiss the proceedings against said person. 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 or she occupied prior to such arrest and trial, or proceedings. 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, trial or proceedings 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.
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 section, such person may apply to the Court for an order to expunge from all official records all recordings of his arrest, trial, conviction and proceedings, pursuant to this section.
(Ord. 98-14. Passed 6-15-98.)