West Virginia Code
Article 2. Standards and Schedules
§60A-2-211. Schedule V Criteria

The state Board of Pharmacy shall recommend to the Legislature that a substance be placed in Schedule V if it finds that:
(1) The substance has a low potential for abuse relative to the controlled substances listed in Schedule IV;
(2) The substance has currently accepted medical use in treatment in the United States; and
(3) The substance has limited physical dependence or psychological dependence liability relative to the controlled substances listed in Schedule IV.