§ 136.05  PURPORTING TO SELL CONTROLLED SUBSTANCES.
   No person shall at any time sell any substance which that person purports to be a controlled substance, as defined under Schedules I through V of Article Two of the Uniform Controlled Substances Act, W.Va. Code Ch. 60A, when in actuality the substance sold contains no controlled substances.
(1986 Code, § 529.05)  Penalty, see § 136.99