West Virginia Code
Chapter 60A. Uniform Controlled Substances Act

§60A-3-302. Registration Required; Effect of Registration; Exemptions; Waiver; Inspections - (a) Every person who manufactures, distributes, or dispenses any controlled...

§60A-3-303. What Applicants to Be Registered; Determination of Public Interest; Rights of Registrants - (a) The state Board of Pharmacy shall register an applicant...

§60A-3-304. Suspension or Revocation of Registration Generally - (a) A registration under section 303 to manufacture, distribute, or...

§60A-3-305. Order to Show Cause Before Denying, Suspending, etc., Registration; Proceedings Thereon; When Order Not Required - (a) Before denying, suspending, or revoking a registration, or refusing...

§60A-3-306. Records of Registrants - Persons registered to manufacture, distribute, or dispense controlled substances under...

§60A-3-307. Order Forms - Controlled substances in Schedules I and II shall be distributed...

§60A-3-308. Prescriptions - (a) Except when dispensed directly by a practitioner, other than...

Article 4. Offenses and Penalties

§60A-4-401. Prohibited Acts; Penalties - (a) Except as authorized by this act, it is unlawful...

§60A-4-402. Prohibited Acts B; Penalties - (a) It is unlawful for any person: (1) Who is...

§60A-4-403. Prohibited Acts C; Penalties - (a) It is unlawful for any person knowingly or intentionally:...

§60A-4-403a. Prohibition of Illegal Drug Paraphernalia Businesses; Definitions; Places Deemed Common and Public Nuisances; Abatement; Suit to Abate Nuisances; Injunction; Search Warrants; Forfeiture of Property; Penalties - (a) Any person who conducts, finances, manages, supervises, directs or...

§60A-4-404. Penalties Under Other Laws - Any penalty imposed for violation of this act is in...

§60A-4-405. Bar to Prosecution - If a violation of this act is a violation of...

§60A-4-406. Distribution to Persons Under the Age of 18 by Persons Over the Age of 21; Distribution by Persons 18 or Over In, On, or Within 1,000 Feet Of, School or College; Distribution by Persons 18 or Over In, On, or Within 200 Feet of a Public Li... - (a) Notwithstanding any other provision of law to the contrary,...

§60A-4-407. Conditional Discharge for First Offense of Possession - (a) Whenever any person who has not previously been convicted...

§60A-4-407a. Authorizing Additional Requirements to Obtain a Final Order of Discharge and Dismissal for Persons Charged With Possession of Controlled Substances - (a) Notwithstanding any provision of this code to the contrary,...

§60A-4-408. Second or Subsequent Offenses - (a) Any person convicted of a second or subsequent offense...

§60A-4-409. Prohibited Acts Transportation of Controlled Substances Into State; Penalties - (a) Except as otherwise authorized by the provisions of this...

§60A-4-410. Prohibited Acts -- Withholding Information From Practitioner; Additional Controlled Substances; Penalties - (a) It is unlawful for a patient, in an attempt...

§60A-4-411. Operating or Attempting to Operate Clandestine Drug Laboratories; Offenses; Penalties - (a) Any person who operates or attempts to operate a...

§60A-4-412. Defeating Drug and Alcohol Screening Tests; Penalties - (a) Any person who: (1) Knowingly sells, gives away, distributes...

§60A-4-413. Unlawful Production, Manufacture or Possession of Salvia Divinorum - (a) For purposes of this section, "Salvia divinorum" means an...

§60A-4-414. Conspiracy - (a) Any person who willfully conspires with one or more...

§60A-4-415. Unlawful Manufacture, Delivery, Transport Into State, or Possession of Fentanyl - [Repealed.]

§60A-4-416. Drug Delivery Resulting in Death; Failure to Render Aid - (a) Any person who knowingly and willfully delivers a controlled...

§60A-4-417. Sale of Dextromethorphan - (a) As used in this section, "finished drug product" means...

§60A-4-418. Use of a Minor to Commit a Felony Drug Offense; Penalties - Any person over the age of 21 who knowingly and...

Article 5. Enforcement and Administrative Provisions

§60A-5-501. Powers of Enforcement Personnel - (a) Any member of the State Police, any sheriff, any...

§60A-5-502. Administrative Inspections and Warrants - (a) Issuance and execution of administrative inspection warrants shall be...

§60A-5-503. Injunctions - (a) The courts of record of this state have and...

§60A-5-504. Cooperative Arrangements; Confidentiality; Treatment of Minor Without Knowledge or Consent of Parent or Guardian - (a) The state Board of Pharmacy and the appropriate departments,...

§60A-5-506. Burden of Proof; Liability of Officers - (a) It is not necessary for the state to negate...

§60A-5-507. Judicial Review - All final determinations, findings, and conclusions of the said state...

§60A-5-508. Education and Research - (a) The said state Board of Pharmacy and the appropriate...

§60A-5-509. Unlawful Retaliation Against Health Care Providers - (a) A health care provider has the right to exercise...

Article 6. Miscellaneous Provisions

§60A-6-601. Pending Proceedings - (a) The provisions of this act shall govern and control...

§60A-6-602. Continuation of Orders and Rules - Any orders and rules promulgated under any law affected by...

§60A-6-603. Uniformity of Interpretation - This act shall be so applied and construed as to...

§60A-6-604. Short Title - This act may be cited as the Uniform Controlled Substances...

§60A-6-605. Severability - If any provision of this act or the application thereof...

Article 7. West Virginia Contraband Forfeiture Act

§60A-7-701. Short Title - This article shall be known and cited as the "West...

§60A-7-702. Legislative Findings - The Legislature hereby finds and declares that the seizure and...

§60A-7-703. Items Subject to Forfeiture; Persons Authorized to Seize Property Subject to Forfeiture - (a) The following are subject to forfeiture: (1) All controlled...

§60A-7-704. Procedures for Seizure of Forfeitable Property - (a) Seizure of property made subject to forfeiture by the...

§60A-7-705. Procedures for Forfeiture - (a) (1) Any proceeding wherein the state seeks forfeiture of...

§60A-7-705a. Additional Procedures for Forfeiture - (a) Notwithstanding the provisions of section seven hundred five of...

§60A-7-706. Disposition of Forfeited Moneys, Securities or Other Negotiable Instruments; Distribution of Proceeds - (a) Whenever moneys, securities or other negotiable instruments are forfeited...

§60A-7-707. Disposition of Other Forfeited Property; Distribution of Proceeds - (a) When property other than that referred to in section...

§60A-7-708. Bookkeeping Procedures and Internal Controls - (a) Any law-enforcement agency or office in this state, including,...

Article 8. Wholesale Drug Distribution Licensing Act of 1991

§60A-8-1. Short Title - This article may be cited as the "Wholesale Drug Distribution...

§60A-8-2. Scope - This article applies to any person, partnership, corporation or business...

§60A-8-3. Purpose - The purpose of this article is to protect the health,...

§60A-8-5. Definitions - As used in this article: (a) "Wholesale distribution" and "wholesale...

§60A-8-6. Prohibited Drug Purchases or Receipt; Penalties - It is unlawful for any person or entity to knowingly...

§60A-8-7. Wholesale Drug Distributor Licensing Requirements - (a) Every applicant for a license under this article shall...

§60A-8-8. License Renewal Application Procedures - Application blanks for renewal of any license required by this...

§60A-8-9. West Virginia Board of Pharmacy Powers to Promulgate Rules - The Board of Pharmacy shall promulgate rules not inconsistent with...

§60A-8-10. West Virginia Board of Pharmacy Complaint Provisions - Complaints arising under any provision of this article shall be...

§60A-8-11. The West Virginia Board of Pharmacy Inspection Powers and Access to Wholesale Drug Distributor Records - (a) A person authorized by the board may inspect during...

§60A-8-12. Judicial Enforcement of the Article - (a) Upon proper application by the board, a court of...

§60A-8-13. Criminal Penalties - Every person who violates any provision of section seven of...

§60A-8-14. Disciplinary Actions - Wholesale Drug Distributor - (a) In accordance with article five, chapter thirty of this...

§60A-8-15. Maintenance of Register and Roster of Wholesale and Pharmacy Distributors - (a) The Executive Director of the Board of Pharmacy shall...

§60A-8-16. Disposition of Fees - The board shall pay all fees it collects under this...

Article 9. Controlled Substances Monitoring

§60A-9-1. Short Title - This article shall be referred to as the West Virginia...

§60A-9-2. Establishment of Program; Purpose - There is continued a West Virginia controlled substances monitoring act...

§60A-9-3. Reporting System Requirements; Implementation; Central Repository Requirement - (a) The Board of Pharmacy shall implement a program wherein...

§60A-9-4. Required Information - (a) The following individuals shall report the required information to...

§60A-9-4a. Verification of Identity - Prior to releasing a Schedule II, III, or IV controlled...

§60A-9-5. Confidentiality; Limited Access to Records; Period of Retention; No Civil Liability for Required Reporting - (a)(1) The information required by this article to be kept...

§60A-9-5a. Practitioner Requirements to Access Database and Conduct Annual Search of the Database; Required Rulemaking - (a) All practitioners, as that term is defined in 60A-2-201...

§60A-9-6. Promulgation of Rules - The state Board of Pharmacy shall promulgate legislative rules to...

§60A-9-7. Criminal Penalties; and Administrative Violations - (a) Any person who is required to submit information to...

§60A-9-8. Creation of Fight Substance Abuse Fund - There is hereby created a special revenue account in the...

§60A-9-9. Drugs of Concern Designation - (a) The Board of Pharmacy may designate certain drugs as...

Article 10. Methamphetamine Laboratory Eradication Act

§60A-10-1. Short Title - The provisions of this article shall be known and referred...

§60A-10-2. Purpose; Findings - The Legislature finds: (a) That the illegal production and distribution...

§60A-10-3. Definitions - In this article: (a) "Board of Pharmacy" or "board" means...

§60A-10-4. Purchase, Receipt, Acquisition and Possession of Substances to Be Used as Precursor to Manufacture of Methamphetamine or Another Controlled Substance; Offenses; Exceptions; Penalties - (a) A pharmacy may not sell, transfer or dispense to...

§60A-10-5. Restrictions on the Sale, Transfer or Delivery of Certain Drug Products; Penalties - (a) No pharmacy or individual may display, offer for sale...

§60A-10-6. Registration to Sell, Manufacture or Distribute Products; Rule-Making Authority - The State Board of Pharmacy shall propose rules for legislative...

§60A-10-7. Restricted Products; Rule-Making Authority - (a) On or before July 1, 2005, the Board of...

§60A-10-8. Reporting Requirements; Confidentiality - (a) Until January 1, 2013, upon each sale, retail, transfer...

§60A-10-9. Persons Mandated to Report Suspected Injuries Related to Methamphetamine Production; Failure to Report; Penalty - (a) When any medical, dental or mental health professional, Christian...

§60A-10-10. Authority of the Superintendent of the State Police to Leverage Grant Funds - The Superintendent of the State Police is encouraged to leverage...

§60A-10-11. Reporting to the Legislative Oversight Commission on Health and Human Resources Accountability - Beginning July 1, 2013, the Superintendent of the West Virginia...

§60A-10-12. Exposure of Children to Methamphetamine Manufacturing; Penalties - (a) Any person eighteen years of age or older who...

§60A-10-13. Exposure of First Responders to Manufacture Methamphetamine; Penalties - Any person who, as a result of or in the...

§60A-10-14. Illegal Storage of Anhydrous Ammonia; Exceptions - (a) Any person who stores or conveys anhydrous ammonia in...

§60A-10-15. Iodine Solution Greater Than Two Percent; Prescription or Permit Required; Offenses; Penalties - (a) A person may offer to sell, sell or distribute...

§60A-10-16. Expiration of Enactments - The provisions of this article establishing the Multi–State Real-Time Tracking...

Article 11. Clandestine Drug Laboratory Remediation Act

§60A-11-1. Legislative Findings and Purpose - (a) Findings. -- The Legislature finds that some residential and...

§60A-11-2. Definitions - In this article: (a) "Clandestine drug laboratory" means the area...

§60A-11-3. Remediation of Clandestine Drug Laboratories; Promulgation of Legislative Rules - (a) The Department of Health and Human Resources shall propose...

§60A-11-4. Law-Enforcement Responsibility - Any law-enforcement agency, upon locating chemicals, equipment, supplies or precursors...

§60A-11-5. Residential Property Owner Responsibility; Owner Immunity; Voluntary Compliance - (a) Upon notification to the residential property owner by a...

§60A-11-6. Liability for Costs of Remediation - Any person convicted pursuant to section four, subsection (d), article...

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West Virginia Code Chapter 60A. Uniform Controlled Substances Act

West Virginia Code
Chapter 60A. Uniform Controlled Substances Act