Signed by Governor Patrick Morrisey

Vote Smart's Synopsis:

Vote to pass a bill that amends penalties for drug offenses to match federal drug offense penalties, including minimum mandatory sentences for transporting cocaine, heroin, methamphetamine, and fentanyl into West Virginia.

Highlights:

• Amends and increases penalties for drug offenses to match federal drug offense penalties, including minimum mandatory sentences for transporting the following drugs into West Virginia, including (Ch. 60A-62. Article 4-12, Sec. 1-2):

• Cocaine;

• Heroin;

• Methamphetamine; and 

• Fentanyl.

• Establishes mandatory minimum sentences in state code for transporting cocaine, heroin, methamphetamine, and fentanyl into West Virginia and removes alternative sentencing options like probation or home confinement for those who are jailed on those charges (Ch. 60A-62. Article 4-12, Sec. 1-2).

• Increases sentences against those charged with manufacturing, delivering or possessing with the intent to deliver a Schedule I or II narcotic or meth from one to 5 years up to 3 to 15 years (Ch. 60A-62. Article 4-12, Sec. 1-2).

• Specifies that any individual who is charged with those crimes and has more than five grams of fentanyl, among other quantities of other drugs, could face 10 to 30 years in jail.

• Establishes weight requirements that can make someone delivering a drug containing any fentanyl to be charged with conspiracy (Ch. 60A-62. Article 4-12, Sec. 1-2.

• Establishes language for the crime of delivering a drug that results in someone’s death, with increased penalties for failing to render aid to someone overdosing (Ch. 60A-62. Article 4-12, Sec. 1-2).

• Specifies that the provisions of this bill shall take effect 90 days after passage and approval by the Governor (Ch. 62, Article 12, Sec. 2).

Full Bill Text