(a) No person shall knowingly or intentionally possess an amount of marijuana, less than fifteen grams in weight, unless the marijuana was obtained directly from, or pursuant to, a valid prescription or order of a licensed medical practitioner while acting in the course of his professional practice.
(b) Whenever any person who has not previously been convicted of any offense under the Uniform Controlled Substance Act, to-wit, Chapter 60A of the West Virginia Code, as amended, or under any statute of the United States of any state relating to narcotic drugs, marijuana or stimulants, depressants or hallucinogenic drugs, pleads guilty to or is found guilty of possession of any amount of marijuana weighing less than fifteen grams in violation of subsection (a) of this section, the Municipal Judge may discharge the person and dismiss proceedings against him after any fine or jail sentence imposed hereunder has been paid or served. The Municipal Judge, in determining whether or not to discharge the defendant and to dismiss the proceedings against him, shall take into account the following factors:
(1) The attitude of the defendant toward the offense mentioned herein, and
(2) Whether or not the defendant has sought professional counseling in relation to the possession of marijuana, as well as the nature and extent of such counseling and the defendant’s response to such counseling; provided, that the defendant has been advised of the availability of such counseling and has had at least thirty days time hereafter to begin participation in such counseling.
(c) Discharge and dismissal under this section shall be without adjudication of guilt and is not a conviction for purposes of this section or for purposes of disqualification’s or disabilities imposed by law upon conviction of a crime.
(d) The effect of such dismissal and discharge shall be to restore such person in contemplation of law to the status he occupied 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.
(Ord. 1998-99-11. Passed 1-5-99.)