There is a newer version of the West Virginia Code
2009 West Virginia Code
CHAPTER 60A. UNIFORM CONTROLLED SUBSTANCES ACT
ARTICLE 2. STANDARDS AND SCHEDULES.
- §60A-2-201 Authority of state board of pharmacy; recommendations to Legislature.
- §60A-2-202 Nomenclature.
- §60A-2-203 Schedule I criteria.
- §60A-2-204 Schedule I.
- §60A-2-205 Schedule II criteria.
- §60A-2-206 Schedule II.
- §60A-2-207 Schedule III criteria.
- §60A-2-208 Schedule III.
- §60A-2-209 Schedule IV criteria.
- §60A-2-210 Schedule IV.
- §60A-2-211 Schedule V criteria.
- §60A-2-212 Schedule V.
- §60A-2-213 Review and printing of schedules by board; public information.
ARTICLE 3. REGULATION OF MANUFACTURE, DISTRIBUTION AND DISPENSING OF CONTROLLED SUBSTANCES.
- §60A-3-301 Rules; fees.
- §60A-3-302 Registration required; effect of registration; exemptions; waiver; inspections.
- §60A-3-303 What applicants to be registered; determination of public interest; rights of registrants.
- §60A-3-304 Suspension or revocation of registration generally.
- §60A-3-305 Order to show cause before denying, suspending, etc., registration; proceedings thereon; when order not required.
- §60A-3-306 Records of registrants.
- §60A-3-307 Order forms.
- §60A-3-308 Prescriptions.
ARTICLE 4. OFFENSES AND PENALTIES.
- §60A-4-401 Prohibited acts A; penalties.
- §60A-4-402 Prohibited acts B; penalties.
- §60A-4-403 Prohibited acts C; penalties.
- §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.
- §60A-4-404 Penalties under other laws.
- §60A-4-405 Bar to prosecution.
- §60A-4-406 Distribution to persons under the age of eighteen by persons over the age of twenty-one; distribution by persons eighteen or over in or on, or within one thousand feet of, school or college; increasing mandatory period of incarceration prior to parole eligibility.
- §60A-4-407 Conditional discharge for first offense of possession.
- §60A-4-408 Second or subsequent offenses.
- §60A-4-409 Prohibited acts -- Transportation of controlled substances into state; penalties.
- §60A-4-410 Prohibited acts -- Withholding information from practitioner; additional controlled substances; penalties.
- §60A-4-411 Operating or attempting to operate clandestine drug laboratories; offenses; penalties.
- §60A-4-412 Defeating drug and alcohol screening tests; penalties.
ARTICLE 5. ENFORCEMENT AND ADMINISTRATIVE PROVISIONS.
- §60A-5-501 Powers of enforcement personnel.
- §60A-5-502 Administrative inspections and warrants.
- §60A-5-503 Injunctions.
- §60A-5-504 Cooperative arrangements; confidentiality; treatment of minor without knowledge or consent of parent or guardian.
- §60A-5-505 Repealed
- §60A-5-506 Burden of proof; liability of officers.
- §60A-5-507 Judicial review.
- §60A-5-508 Education and research.
ARTICLE 6. MISCELLANEOUS PROVISIONS.
- §60A-6-601 Pending proceedings.
- §60A-6-602 Continuation of orders and rules.
- §60A-6-603 Uniformity of interpretation.
- §60A-6-604 Short title.
- §60A-6-605 Severability.
ARTICLE 7. WEST VIRGINIA CONTRABAND FORFEITURE ACT.
- §60A-7-701 Short title.
- §60A-7-702 Legislative findings.
- §60A-7-703 Items subject to forfeiture; persons authorized to seize property subject to forfeiture.
- §60A-7-704 Procedures for seizure of forfeitable property.
- §60A-7-705 Procedures for forfeiture.
- §60A-7-706 Disposition of forfeited moneys, securities or other negotiable instruments; distribution of proceeds.
- §60A-7-707 Disposition of other forfeited property; distribution of proceeds.
ARTICLE 8. WHOLESALE DRUG DISTRIBUTION LICENSING ACT OF 1991.
- §60A-8-1 Short title.
- §60A-8-2 Scope.
- §60A-8-3 Purpose.
- §60A-8-4 West Virginia board of pharmacy wholesale drug distributor advisory committee; composition; duties.
- §60A-8-5 Definitions.
- §60A-8-6 Prohibited drug purchases or receipt; penalties.
- §60A-8-7 Wholesale drug distributor licensing requirements.
- §60A-8-8 License renewal application procedures.
- §60A-8-9 West Virginia board of pharmacy powers to promulgate rules.
- §60A-8-10 West Virginia board of pharmacy complaint provisions.
- §60A-8-11 The West Virginia board of pharmacy inspection powers and access to wholesale drug distributor records.
- §60A-8-12 Judicial enforcement of the article.
- §60A-8-13 Criminal penalties.
ARTICLE 9. CONTROLLED SUBSTANCES MONITORING.
- §60A-9-1 Short title.
- §60A-9-2 Establishment of program; purpose.
- §60A-9-3 Reporting system requirements; implementation; central repository requirement.
- §60A-9-4 Required information.
- §60A-9-5 Confidentiality; limited access to records; period of retention; no civil liability for required reporting.
- §60A-9-6 Promulgation of rules.
- §60A-9-7 Criminal penalties.
ARTICLE 10. METHAMPHETAMINE LABORATORY ERADICATION ACT.
- §60A-10-1 Short title.
- §60A-10-2 Purpose; findings.
- §60A-10-3 Definitions.
- §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.
- §60A-10-5 Restrictions on the sale, transfer or delivery of certain drug products; penalties.
- §60A-10-6 Registration to sell, manufacture or distribute products; rule-making authority.
- §60A-10-7 Restricted products; rule-making authority.
- §60A-10-8 Reporting requirements; confidentiality.
- §60A-10-9 Persons mandated to report suspected injuries related to methamphetamine production; failure to report; penalty.
- §60A-10-10 Authority of the Superintendent of the State Police to leverage grant funds.
- §60A-10-11 Reporting to the Legislative Oversight Commission on Health and Human Resources Accountability.
- §60A-10-12 Exposure of children to methamphetamine manufacturing; penalties.
- §60A-10-13 Exposure of first responders to manufacture methamphetamine; penalties.
- §60A-10-14 Illegal storage of anhydrous ammonia; exceptions.
- §60A-10-15 Iodine solution greater than two percent; prescription or permit required; offenses; penalties.
ARTICLE 11. CLANDESTINE DRUG LABORATORY REMEDIATION ACT.
- §60A-11-1 Legislative findings and purpose.
- §60A-11-2 Definitions.
- §60A-11-3 Remediation of clandestine drug laboratories; promulgation of legislative rules.
- §60A-11-4 Law-enforcement responsibility.
- §60A-11-5 Residential property owner responsibility; owner immunity; voluntary compliance.
- §60A-11-6 Liability for costs of remediation.
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