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(a) No person shall at any time sell any substances which the person purports to be a controlled substance, as defined under Schedules I through V of Chapter 60A, Article 2 of the West Virginia Code, as amended, the Uniform Controlled Substances Act, when in actuality the substance sold contains no controlled substance.
(b) Whoever violates the provisions of this section shall, be guilty of a misdemeanor and fined not more than five hundred dollars ($500.00), or imprisoned for a period not to exceed thirty (30) days, or both. Subsequent violations shall be punishable by a mandatory five hundred dollar ($500.00) fine, and in the discretion of the Court, imprisonment not to exceed thirty (30) days, or both.
(Ord. 98-15. Passed 6-15-98.)