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WV Code § 60A-5-509 (2021)
2021 West Virginia Code|Chapter 60A. Uniform Controlled Substances Act|Article 5. Enforcement and Administrative Provisions|§60A-5-509. Unlawful Retaliation Against Health Care Providers

(a) A health care provider has the right to exercise his or her professional judgment to decline to administer, dispense, or prescribe narcotics without being subject to actual or threatened acts of reprisal. (b) It shall be unlawful for any person or entity to engage in any form of threats or reprisal, or to engage in, or hire, or conspire with, others to commit acts or activities of any nature, the purpose of which is to punish, embarrass, deny, or reduce privileges or compensation, or cause economic loss or to aid, abet, incite, compel, or coerce any person to engage in such threats or reprisal, against a health care provider as a result of, or in retaliation for, the refusal of that health care provider to administer, dispense, or prescribe narcotics. (c) Any person or entity who violates the foregoing shall be subject to a private right of action by the affected health care provider and shall be liable in the amount of three times the economic loss sustained as a direct and proximate result of the reprisal. (d) A health care provider that prevails in an action brought pursuant to this section shall be entitled to an award of costs and attorney fees.
WV Code § 60A-6-601 (2021)
2021 West Virginia Code|Chapter 60A. Uniform Controlled Substances Act|Article 6. Miscellaneous Provisions|§60A-6-601. Pending Proceedings

(a) The provisions of this act shall govern and control as to any offenses committed in violation thereof on and after the effective date of this act, and the provisions of articles eight, eight-a and eight-b, chapter sixteen of this code shall govern and control as to any offenses committed in violation of said articles, or any of them, prior to the effective date of this act, with like effect as to such prior offenses as if said articles had not been repealed and this act had not been enacted: Provided, That if the offense being prosecuted is similar to one set out in article four of this act, then the penalties under article four apply if they are less than those under prior law.(b) Civil seizures of forfeitures and injunctive proceedings commenced prior to the effective date of this act are not affected by this act.(c) All administrative proceedings pending under prior laws which are superseded by this act shall be continued and brought to a final determination in accord with the laws and rules in effect prior to the effective date of the act. Any substance controlled under prior law which is not listed within Schedules I through V, is automatically controlled without further proceedings and shall be listed in the appropriate schedule.(d) The state Board of Pharmacy or the appropriate departments, boards, and agencies, as specified in section 301, shall initially permit persons to register who own or operate any establishment engaged in the manufacture, distribution, or dispensing of any controlled substance prior to the effective date of this act and who are registered or licensed by the state.(e) This act applies to violations of law, seizures, and forfeiture, injunctive proceedings, administrative proceedings, and investigations which occur following its effective date.
WV Code § 60A-6-602 (2021)
2021 West Virginia Code|Chapter 60A. Uniform Controlled Substances Act|Article 6. Miscellaneous Provisions|§60A-6-602. Continuation of Orders and Rules

Any orders and rules promulgated under any law affected by this act and in effect on the effective date of this act and not in conflict with it continue in effect until modified, superseded or repealed.
WV Code § 60A-6-603 (2021)
2021 West Virginia Code|Chapter 60A. Uniform Controlled Substances Act|Article 6. Miscellaneous Provisions|§60A-6-603. Uniformity of Interpretation

This act shall be so applied and construed as to effectuate its general purpose to make uniform the law with respect to the subject of this act among those states which enact it.
WV Code § 60A-6-604 (2021)
2021 West Virginia Code|Chapter 60A. Uniform Controlled Substances Act|Article 6. Miscellaneous Provisions|§60A-6-604. Short Title

This act may be cited as the Uniform Controlled Substances Act.
WV Code § 60A-6-605 (2021)
2021 West Virginia Code|Chapter 60A. Uniform Controlled Substances Act|Article 6. Miscellaneous Provisions|§60A-6-605. Severability

If any provision of this act or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of the act, and to this end the provisions of this act are hereby declared to be severable.
WV Code § 60A-7-701 (2021)
2021 West Virginia Code|Chapter 60A. Uniform Controlled Substances Act|Article 7. West Virginia Contraband Forfeiture Act|§60A-7-701. Short Title

This article shall be known and cited as the "West Virginia Contraband Forfeiture Act."
WV Code § 60A-7-702 (2021)
2021 West Virginia Code|Chapter 60A. Uniform Controlled Substances Act|Article 7. West Virginia Contraband Forfeiture Act|§60A-7-702. Legislative Findings

The Legislature hereby finds and declares that the seizure and sale of items under the provisions of this article is not contemplated to be a forfeiture as the same is used in article twelve, section five of the West Virginia Constitution and to the extent that such seizure and sale may be found to be such a forfeiture, the Legislature hereby finds and declares that the proceeds from a seizure and sale under this article is not part of net proceeds as the same is contemplated by such article twelve, section five of the West Virginia Constitution.
WV Code § 60A-7-704 (2021)
2021 West Virginia Code|Chapter 60A. Uniform Controlled Substances Act|Article 7. West Virginia Contraband Forfeiture Act|§60A-7-704. Procedures for Seizure of Forfeitable Property

(a) Seizure of property made subject to forfeiture by the provisions of this article may be made upon process issued by any court of record having jurisdiction over the property.(b) Notwithstanding the provisions of subsection (a) of this section, seizure of property subject to forfeiture by the provisions of this article may be made without process if:(1) The seizure is incident to a lawful arrest or pursuant to a search under a search warrant or an inspection warrant;(2) The property subject to seizure has been the subject of a prior judgment in favor of the state in a forfeiture proceeding based upon this article;(3) The appropriate person has probable cause to believe that the property is directly or indirectly dangerous to health or safety; or(4) The appropriate person has probable cause to believe that the property was used or intended for use in violation of this chapter.(c) In the event of seizure pursuant to subsection (b) of this section, forfeiture proceedings shall be instituted within ninety days of the seizure thereof.(d) Property taken or detained under this section shall not be subject to replevin, but is deemed to be in the custody of the appropriate person, subject only to the orders and decrees of the court having jurisdiction over the forfeiture proceedings. When property is seized under this article, the appropriate person may:(1) Place the property under seal;(2) Remove the property to a place designated by him (3) Require the appropriate law-enforcement agency to take custody of the property and remove it to an appropriate location for disposition in accordance with law; or(4) In the case of seized moneys, securities or other negotiable instruments, place the assets in any interest-bearing depository insured by an agency of the federal government.The requirements of this subsection pertaining to the removal of seized property are not mandatory in the case of real property and appurtenances thereto.
WV Code § 60A-7-705a (2021)
2021 West Virginia Code|Chapter 60A. Uniform Controlled Substances Act|Article 7. West Virginia Contraband Forfeiture Act|§60A-7-705a. Additional Procedures for Forfeiture

(a) Notwithstanding the provisions of section seven hundred five of this article, forfeitable moneys are subject to administrative forfeiture by the prosecuting attorney of a county or duly appointed special prosecutor.(b) An administrative forfeiture notice shall be provided by the prosecuting attorney after the seizure of the money in question. The notice shall contain the following:(1) A description of the money seized;(2) A statement as to who is responsible for the seizure;(3) A statement of the time and place of seizure;(4) The identity of the owner or owners of the money, if known; and(5) The identity of the person or persons in possession of the money at the time seized.(c) At the time of filing or as soon as practicable thereafter, a copy of the petition for forfeiture shall be served upon the owner or owners of the seized money. Should diligent efforts fail to disclose the lawful owner or owners of the seized money, a copy of the petition for forfeiture shall be served upon any person who was in possession or alleged to be in possession of the money at the time of seizure, where such person's identity is known. The above service shall be made pursuant to the provisions of the West Virginia Rules of Civil Procedure. (d) The administrative forfeiture notice shall include a statement substantially as follows: To any claimant: "The confiscated money is subject to administrative forfeiture unless you provide a written notice, within thirty days of receipt of this notice, that you wish to contest this forfeiture. If you fail to provide a notice to the prosecuting attorney, you will immediately and forever lose all right, claim, title and interest to the confiscated money, and it will be disposed of according to law."(e) If, after thirty days of the delivery of notice from the prosecuting attorney as provided in subsections (c) and (d) of this section, no notice is received from any person indicating a desire to contest the administrative forfeiture, all right, title and interest to the confiscated money shall immediately vest in the state, and shall be disposed of in the same manner as in a civil forfeiture.(f) If notice is received from any person, within the required period of time, indicating a desire to contest the administrative forfeiture, then no forfeiture may be obtained except through a civil forfeiture proceeding under section seven hundred five of this article.
WV Code § 60A-7-706 (2021)
2021 West Virginia Code|Chapter 60A. Uniform Controlled Substances Act|Article 7. West Virginia Contraband Forfeiture Act|§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 under the provisions of this article, such proceeds shall be distributed as follows:(1) Ten percent of the proceeds shall be tendered to the office of the prosecuting attorney which initiated the forfeiture proceeding;(2) The balance shall be deposited in a special law-enforcement investigation fund. The fund may be placed in any interest-bearing depository insured by an agency of the federal government. The fund shall be administered by the chief of the law-enforcement agency that seized the forfeited property.(b) No funds shall be expended from the special law-enforcement investigation fund except as follows:(1) In the case of the funds belonging to the State Police, the funds shall only be expended at the direction of the Superintendent of the State Police and in accordance with the provisions of article two, chapter eleven-b of this code and the provisions of subdivision (10), subsection (b), section two, article two, chapter twelve of this code;(2) In the case of funds belonging to the office of either the sheriff or prosecuting attorney of any county in which the special fund has been created, the funds therein may only be expended in the manner provided in sections four and five, article five, chapter seven of this code; and(3) In the case of funds belonging to the police department of any municipality in which the special fund has been created, the funds therein may only be expended in the manner provided in section twenty-two, article thirteen, chapter eight of this code.
WV Code § 60A-8-1 (2021)
2021 West Virginia Code|Chapter 60A. Uniform Controlled Substances Act|Article 8. Wholesale Drug Distribution Licensing Act of 1991|§60A-8-1. Short Title

This article may be cited as the "Wholesale Drug DistributionLicensing Act of 1991".
WV Code § 60A-8-2 (2021)
2021 West Virginia Code|Chapter 60A. Uniform Controlled Substances Act|Article 8. Wholesale Drug Distribution Licensing Act of 1991|§60A-8-2. Scope

This article applies to any person, partnership, corporation or business firm engaging in the wholesale distribution of human prescription drugs within this state.
WV Code § 60A-8-3 (2021)
2021 West Virginia Code|Chapter 60A. Uniform Controlled Substances Act|Article 8. Wholesale Drug Distribution Licensing Act of 1991|§60A-8-3. Purpose

The purpose of this article is to protect the health, safety and general welfare of residents of this state and to implement the federal Prescription Drug Marketing Act of 1987 ("PDMA"), U. S. Public Law 100-293, 102 Stat. 95, codified at 21 U. S. Code §321; and particularly PDMA requirements that no person or entity may engage in the wholesale distribution of human prescription drugs in any state unless such person or entity is licensed by such state in accordance with federally-prescribed minimum standards, terms and conditions as set forth in guidelines issued by United States food and drug administration (FDA) regulations pursuant to 21 U. S. Code §353(e)(2)(A) and (B); and such regulations as are set forth in 21 C. F. R. Part 205.
WV Code § 60A-8-6 (2021)
2021 West Virginia Code|Chapter 60A. Uniform Controlled Substances Act|Article 8. Wholesale Drug Distribution Licensing Act of 1991|§60A-8-6. Prohibited Drug Purchases or Receipt; Penalties

It is unlawful for any person or entity to knowingly purchase or receive any prescription drug from any source other than a person or entity licensed pursuant to the laws of this state except where otherwise provided, such person or entity to include, but not be limited to, a wholesale distributor, manufacturer, pharmacy distributor or pharmacy. Any person violating the provisions of this section is guilty of a misdemeanor, and, upon conviction thereof, shall be fined not more than $1,000. Any person who violates this section shall for a second offense be guilty of a misdemeanor, and, upon conviction thereof, shall be fined not less than $1,000 nor more than $5,000.
WV Code § 60A-8-8 (2021)
2021 West Virginia Code|Chapter 60A. Uniform Controlled Substances Act|Article 8. Wholesale Drug Distribution Licensing Act of 1991|§60A-8-8. License Renewal Application Procedures

Application blanks for renewal of any license required by this article shall be mailed to each licensee at least thirty days before July 1, of each calendar year by the board. All licenses issued under this section are not transferable and expire on June 30 of each calendar year. If application for renewal of such license with required fee is not made before the expiration date of the license, the existing license, or renewal thereof, shall lapse and become null and void upon the last day of June of each calendar year.
WV Code § 60A-8-9 (2021)
2021 West Virginia Code|Chapter 60A. Uniform Controlled Substances Act|Article 8. Wholesale Drug Distribution Licensing Act of 1991|§60A-8-9. West Virginia Board of Pharmacy Powers to Promulgate Rules

The Board of Pharmacy shall promulgate rules not inconsistent with law, as may be necessary to carry out the purposes and enforce the provisions of this article pursuant to chapter twenty-nine-a of this code. Rules which incorporate and set detailed standards for meeting each of the license prerequisites set forth in section seven of this article shall be promulgated in final form by no later than September 14, 1992. All rules promulgated pursuant to this section shall conform to wholesale drug distributor licensing guidelines formally adopted by the food and drug administration at 21 C.F.R. Part 205; and in case of conflict between any rule adopted by the Board of Pharmacy and any food and drug administration wholesale drug distributor guideline, the latter shall control.
WV Code § 60A-8-10 (2021)
2021 West Virginia Code|Chapter 60A. Uniform Controlled Substances Act|Article 8. Wholesale Drug Distribution Licensing Act of 1991|§60A-8-10. West Virginia Board of Pharmacy Complaint Provisions

Complaints arising under any provision of this article shall be handled as follows:(a) The Board of Pharmacy is hereby authorized and empowered, when complaints or examinations or inspections of a wholesale drug distributor disclose that a wholesale drug distributor is not operating or conducting business according to the state and federal laws, to file a written complaint with the board charging the holder of a license to operate a wholesale drug distributorship operation with violations of this article which are grounds for restriction, suspension or revocation of the wholesale drug distributor's license.(b) If the Board of Pharmacy concludes that a wholesale drug distributor has committed an act or is engaging in a course of conduct which constitutes a clear and present danger to the public health and safety in this state, the Board of Pharmacy may hold an expedited hearing. Within fifteen days after service of the complaint on a wholesale drug distributor, the West Virginia Board of Pharmacy shall conduct a preliminary hearing to determine whether the alleged activities of the wholesale drug distributor appear to constitute a clear and present danger to the public health and safety which justify that the wholesale drug distributor's license be immediately restricted or suspended. The burden of proving that a wholesale drug distributor is a clear and present danger to the public health and safety shall be upon the board. The board shall issue its decision immediately after the hearing and shall dismiss the action or suspend, restrict or revoke the license. The board shall require any wholesale drug distributor found in violation of this article to take all necessary measures for compliance.(c) If the board restricts, revokes or suspends the wholesale drug distributor's license, such temporary restriction, revocation or suspension shall become a final restriction or suspension if there is no request by the wholesale drug distributor for a final hearing within thirty days of the preliminary hearing. The board shall, if requested by the wholesale drug distributor named in the complaint, set a date to hold a final hearing which shall be held pursuant to the provisions of chapter twenty-nine-a of this code.
WV Code § 60A-8-11 (2021)
2021 West Virginia Code|Chapter 60A. Uniform Controlled Substances Act|Article 8. Wholesale Drug Distribution Licensing Act of 1991|§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 normal business hours any premises being used by a wholesale drug distributor in this state in the course of its business. Any wholesale drug distributor providing adequate documentation of the most recent satisfactory inspection less than three years old of such distributor's wholesale drug distribution activities and facilities by either the food and drug administration or a state agency, or any person or entity lawfully designated by a state agency to perform such inspection, determined to be comparable by the board shall be exempt from further inspection for a period of time to be determined by the Board of Pharmacy. Such exemption shall not bar the board from initiating an investigation pursuant to a public or governmental complaint received by the board regarding a wholesale drug distributor.(b) Wholesale drug distributors may keep records regarding purchase and sales transactions at a central location apart from the principal office of the wholesale drug distributor or the location at which the drugs were stored and from which they were shipped: Provided, That such records shall be made available for inspection within two working days after a request to inspect by the board is made. Such records may be kept in any form permissible under federal law applicable to prescription drugs record keeping.
WV Code § 60A-8-12 (2021)
2021 West Virginia Code|Chapter 60A. Uniform Controlled Substances Act|Article 8. Wholesale Drug Distribution Licensing Act of 1991|§60A-8-12. Judicial Enforcement of the Article

(a) Upon proper application by the board, a court of competent jurisdiction may grant an injunction, restraining order or other order as may be appropriate to enjoin a person from offering to engage or engaging in the performance of any acts or practices for which a certificate of registration or authority, permit or license is required by any applicable federal or state law, including, but not limited to, this act upon a showing that such acts or practices were or are likely to be performed or offered to be performed without a certificate of registration or authority, permit or license.(b) Any such judicial actions shall be commenced either in the county in which such conduct occurred or in the county in which defendant resides.(c) Any action brought under this section shall be in addition to and not in lieu of any other penalty provided by law and may be brought concurrently with other actions to enforce this article.
WV Code § 60A-8-13 (2021)
2021 West Virginia Code|Chapter 60A. Uniform Controlled Substances Act|Article 8. Wholesale Drug Distribution Licensing Act of 1991|§60A-8-13. Criminal Penalties

Every person who violates any provision of section seven of this article shall be guilty of a misdemeanor, and, upon conviction thereof, shall be fined not less than $200 nor more than $1,000.