(a) Except as authorized by West Virginia Code Chapter 60A, it is unlawful for any person to manufacture, deliver or possess with intent to manufacturer or deliver, a controlled substance.
(b) Except as authorized by West Virginia Code Chapter 60A, it is unlawful for any person to create, deliver or possess with intent to deliver a counterfeit substance.
(c) It is unlawful for any person knowingly or intentionally to possess a controlled substance unless the substance was obtained directly from, or pursuant to, a valid prescription or order of a practitioner while acting in the course of his or her professional practice, or except as otherwise authorized by West Virginia Code Chapter 60A.
(WVaC 60A-4-401)
(d) It is unlawful for any person knowingly or intentionally:
(1) To create, distribute or deliver, or possess with intent to distribute or deliver, an imitation controlled substance; or
(2) To create, possess or sell or otherwise transfer any equipment with the intent that the equipment shall be used to apply a trademark, trade name or other identifying mark, imprint, number or device, or any likeness thereof, upon a counterfeit substance, an imitation controlled substance or the container or label of a counterfeit substance or an imitation controlled substance.
(3) The provisions of subsection (d)(1) hereof shall not apply to a practitioner who administers or dispenses a placebo.
(WVaC 60A-4-401)
(e) No person shall knowingly or intentionally possess, create, distribute, deliver or possess with intent or distribute or deliver a Synthetic Cannabinoids as defined in subsection (52)(53) or (54) of WV Code 60A-1-101 as amended in 2014, 3,4-Methylenedioxypyrovalerone (MPVD) and 3, 4-Methylendioxypypyrovalerone and/or Methadone as defined in Section 101 of WV Code 60A-1-101 or less than 15 grams of Marijuana shall be disposed of under said Section as stated by WV State Code.
(Ord. 401. Passed 7-7-14.)