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WV Code § 60A-4-402 (2021)
2021 West Virginia Code|Chapter 60A. Uniform Controlled Substances Act|Article 4. Offenses and Penalties|§60A-4-402. Prohibited Acts B; Penalties

(a) It is unlawful for any person:(1) Who is subject to article 3 to distribute or dispense a controlled substance in violation of section 308;(2) Who is a registrant, to manufacture a controlled substance not authorized by his registration, or to distribute or dispense a controlled substance not authorized by his registration to another registrant or other authorized person;(3) To refuse or fail to make, keep, or furnish any record, notification, order form, statement, invoice, or information required under this act;(4) To refuse any entry into any premises for any inspection authorized by this act; or(5) Knowingly to keep or maintain any store, shop, warehouse, dwelling, building, vehicle, boat, aircraft, or other structure or place, which is resorted to by persons using controlled substances in violation of this act for the purpose of using these substances, or which is used for keeping or selling them in violation of this act.(b) Any person who violates this section is guilty of a misdemeanor, and, upon conviction, may be confined in the county jail for not less than six months nor more than one year, or fined not more than $25,000, or both.(c) Notwithstanding any other provision of this act to the contrary, any first offense for distributing less than 15 grams of marihuana without any remuneration shall be disposed of under section 407.
WV Code § 60A-4-403 (2021)
2021 West Virginia Code|Chapter 60A. Uniform Controlled Substances Act|Article 4. Offenses and Penalties|§60A-4-403. Prohibited Acts C; Penalties

(a) It is unlawful for any person knowingly or intentionally:(1) To distribute as a registrant a controlled substance classified in Schedule I or II, except pursuant to an order form as required by section 307 of this act;(2) To use in the course of the manufacture or distribution of a controlled substance a registration number which is fictitious, suspended, revoked, or issued to another person;(3) To acquire or obtain possession of a controlled substance by misrepresentation, fraud, forgery, theft, deception, or subterfuge;(4) To furnish false or fraudulent material information in, or omit any material information from, any application, report, or other document required to be kept or filed under this act, or any record required to be kept by this act; or(5) To make, distribute, or possess any punch, die, plate, stone, or other thing designed to print, imprint, or reproduce the trademark, trade name, or other identifying mark, imprint, or device of another or any likeness of any of the foregoing upon any drug or container or labeling thereof so as to render the drug a counterfeit substance.(b) Any person who violates this section is guilty of a felony and, upon conviction, may be imprisoned in a correctional facility for not less than one year nor more than four years, or fined not more than $30,000, or both.
WV Code § 60A-4-404 (2021)
2021 West Virginia Code|Chapter 60A. Uniform Controlled Substances Act|Article 4. Offenses and Penalties|§60A-4-404. Penalties Under Other Laws

Any penalty imposed for violation of this act is in addition to, and not in lieu of, any civil or administrative penalty or sanction otherwise authorized by law.
WV Code § 60A-4-405 (2021)
2021 West Virginia Code|Chapter 60A. Uniform Controlled Substances Act|Article 4. Offenses and Penalties|§60A-4-405. Bar to Prosecution

If a violation of this act is a violation of a federal law or the law of another state, a conviction or acquittal under federal law or the law of another state for the same act is a bar to prosecution in this state.
WV Code § 60A-4-407a (2021)
2021 West Virginia Code|Chapter 60A. Uniform Controlled Substances Act|Article 4. Offenses and Penalties|§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, when a person pleads guilty or is found guilty of a violation of 60A-4-401(c) of this code, or a municipal ordinance containing the same elements where the controlled substance possessed is listed in 60A-2-204 of this code, other than marijuana, or is a controlled substance listed in 60A-2-206, 60A-2-208, or 60A-2-210 of this code, the court may, as an additional condition for the entry of a final order of discharge or dismissal under 60A-4-407 of this code or a municipal ordinance containing the same or substantially the same provision, require the defendant to be:(1) Evaluated for admission into a drug court program; or(2) Participate in a drug treatment program.(b) If a defendant is determined to be an appropriate candidate for admission to drug court or a drug treatment program, the court may make successful completion of a drug court or a drug treatment program a requirement for obtaining a final order of discharge and dismissal.
WV Code § 60A-4-408 (2021)
2021 West Virginia Code|Chapter 60A. Uniform Controlled Substances Act|Article 4. Offenses and Penalties|§60A-4-408. Second or Subsequent Offenses

(a) Any person convicted of a second or subsequent offense under this act may be imprisoned for a term up to twice the term otherwise authorized, fined an amount up to twice that otherwise authorized, or both. When a term of imprisonment is doubled under section 406, such term of imprisonment shall not be further increased for such offense under this subsection (a), even though such term of imprisonment is for a second or subsequent offense.(b) For purposes of this section, an offense is considered a second or subsequent offense, if, prior to his conviction of the offense, the offender has at any time been convicted under this act or under any statute of the United States or of any state relating to narcotic drugs, marihuana, depressant, stimulant, or hallucinogenic drugs.(c) This section does not apply to offenses under section 401(c).
WV Code § 60A-4-410 (2021)
2021 West Virginia Code|Chapter 60A. Uniform Controlled Substances Act|Article 4. Offenses and Penalties|§60A-4-410. Prohibited Acts -- Withholding Information From Practitioner; Additional Controlled Substances; Penalties

(a) It is unlawful for a patient, in an attempt to obtain a prescription for a controlled substance, to knowingly withhold from a practitioner, that the patient has obtained a prescription for a controlled substance of the same or similar therapeutic use in a concurrent time period from another practitioner.(b) Any person who violates this section is guilty of a misdemeanor and, upon conviction thereof, may be confined in jail for not more than nine months, or fined not more than $2,500, or both fined and confined.(c) The offense established by this section is in addition to and a separate and distinct offense from any other offense set forth in this code.
WV Code § 60A-4-411 (2021)
2021 West Virginia Code|Chapter 60A. Uniform Controlled Substances Act|Article 4. Offenses and Penalties|§60A-4-411. Operating or Attempting to Operate Clandestine Drug Laboratories; Offenses; Penalties

(a) Any person who operates or attempts to operate a clandestine drug laboratory is guilty of a felony and, upon conviction, shall be confined in a state correctional facility for not less than two years nor more than ten years or fined not less than $5,000 nor more than $25,000, or both.(b) Any person who operates or attempts to operate a clandestine drug laboratory and who as a result of, or in the course of doing so, causes to be burned any dwelling, outbuilding, building or structure of any class or character is guilty of a felony and, upon conviction thereof, shall be fined not less than $1,000 nor more than $5,000, or imprisoned in a state correctional facility for not less than one nor more than five years, or both fined and imprisoned. (c) For purposes of this section, a “clandestine drug laboratory” means any property, real or personal, on or in which a person assembles any chemicals or equipment or combination thereof for the purpose of manufacturing methamphetamine, methylenedioxymethamphetamine or lysergic acid diethylamide in violation of the provisions of section four hundred one of this article.(d) The offenses in subsections (a) and (b) of this section are separate and distinct offenses and subsection (a) of this section shall not be construed to be a lesser included offense of subsection (b) of this section.(e) For purposes of section one, article two of this chapter, both subsection (a) and (b) of this section shall be deemed qualifying felony offenses of manufacturing and delivery of a controlled substance.(f) Any person convicted of a violation of subsection (a) or (b) of this section shall be responsible for all reasonable costs, if any, associated with remediation of the site of the clandestine drug laboratory.
WV Code § 60A-4-412 (2021)
2021 West Virginia Code|Chapter 60A. Uniform Controlled Substances Act|Article 4. Offenses and Penalties|§60A-4-412. Defeating Drug and Alcohol Screening Tests; Penalties

(a) Any person who:(1) Knowingly sells, gives away, distributes or markets any substance or product in this state or transports such a substance or product into this state with the intent that the substance or product will be used to defeat a drug or alcohol screening test;(2) Attempts to defeat a drug or alcohol screening test by the substitution of a false sample;(3) Knowingly advertises for sale or distribution any substance or product the advertised purpose of which is to defeat a bodily fluid screening test for drugs or alcohol;(4) Adulterates a bodily fluid sample with the intent to defeat a drug or alcohol screening test;(5) Knowingly possesses adulterants for the purpose of defeating a drug or alcohol screening test; or(6) Knowingly sells adulterants which are intended to be used to adulterate a urine or other bodily fluid sample for the purpose of defeating a drug or alcohol screening test.(b) A person who violates a provision of subsection (a) of this section:(1) For a first offense is guilty of a misdemeanor and, upon conviction, shall be fined not more than $1,000;(2) For a second offense is guilty of a misdemeanor and, upon conviction, be fined not more than $5,000; and(3) For a third or subsequent offense is guilty of a misdemeanor and, upon conviction, be fined not more than $10,000 or confined in the regional jail for not more than one year, or both.(c) As used in this section, "adulterate" means a substance that is not expected to be in human fluids but that is a concentration so high that it is not consistent with human bodily fluids, including, but not limited to:(1) Bleach;(2) Chromium;(3) Creatinine;(4) Detergent;(5) Glutaraldehyde;(6) Glutaraldehyde/squalene;(7) Hydrochloric acid;(8) Hydroiodic acid;(9) Iodine;(10) Nitrite;(11) Peroxidase;(12) Potassium dichromate;(13) Potassium nitrate;(14) Pyridinium chlorochromate; and(15) Sodium nitrite.
WV Code § 60A-4-413 (2021)
2021 West Virginia Code|Chapter 60A. Uniform Controlled Substances Act|Article 4. Offenses and Penalties|§60A-4-413. Unlawful Production, Manufacture or Possession of Salvia Divinorum

(a) For purposes of this section, "Salvia divinorum" means an herb belonging to the Lamiaceae family, genus of Salvia, species of divinorum, with common names including, but not limited to, "Salvia," "Ska Pastora," "Shepherdess's Herb," "Maria Pastora," "yerba de Maria," "Purple Sticky" and "Sally-D."(b) It is unlawful for any person to knowingly or intentionally manufacture or possess an extract, compound, concentrate, or other processed substance intended for human consumption which contains Salvia divinorum, unless the substance was obtained directly from, or pursuant to, a valid prescription or order of a licensed physician or dispensed by a pharmacist for a recommended or medically necessary therapeutic use. Any person who violates this subsection is guilty of a misdemeanor, and disposition may be made under section four hundred seven of this article, subject to the limitations specified in said section, or upon conviction, such person may be confined in jail not more than six months, or fined not more than $1,000, or both. Notwithstanding any other provision of this code to the contrary, any first offense for possession of Salvia divinorum shall be disposed of under section four hundred seven of this article.(c) The provisions of this section shall not apply to licensed physicians, pharmacists, and accredited hospitals and teaching facilities engaged in the research or study of Salvia divinorum, and shall not include any person participating in clinical trials involving the use of Salvia divinorum.
WV Code § 60A-4-415 (2021)
2021 West Virginia Code|Chapter 60A. Uniform Controlled Substances Act|Article 4. Offenses and Penalties|§60A-4-415. Unlawful Manufacture, Delivery, Transport Into State, or Possession of Fentanyl

(a) For purposes of this section,  (1) “Controlled substance” shall have the same meaning as provided in subsection (e), section one hundred one, article one of this chapter.(2) “Fentanyl” refers to the substance identified in subdivision (9), subsection (c), section two hundred six, article two of this chapter, and any analog or derivative thereof.(b) Any person who violates the provisions of subsection (a), section four hundred one of this article or section four hundred nine of this article in which fentanyl is a controlled substance involved in the offense, either alone or in combination with another controlled substance, shall be guilty of a felony, and upon conviction thereof, shall be punished in accordance with the following:(1) If the net weight of fentanyl involved in the offense is less than one gram, such person shall be imprisoned in a correctional facility not less than two nor more than ten years.(2) If the net weight of fentanyl involved in the offense is one gram or more but less than five grams, such person shall be imprisoned in a correctional facility not less than three nor more than fifteen years.(3) If the net weight of fentanyl involved in the offense is five grams or more, such person shall be imprisoned in a correctional facility not less than four nor more than twenty years.
WV Code § 60A-4-416 (2021)
2021 West Virginia Code|Chapter 60A. Uniform Controlled Substances Act|Article 4. Offenses and Penalties|§60A-4-416. Drug Delivery Resulting in Death; Failure to Render Aid

(a) Any person who knowingly and willfully delivers a controlled substance or counterfeit controlled substance in violation of the provisions of section four hundred one, article four of this chapter for an illicit purpose and the use, ingestion or consumption of the controlled substance or counterfeit controlled substance alone or in combination with one or more other controlled substances, proximately causes the death of a person using, ingesting or consuming the controlled substance, is guilty of a felony and, upon conviction thereof, shall be imprisoned in a state correctional facility for a determinate sentence of not less than three nor more than fifteen years.(b) Any person who, while engaged in the illegal use of a controlled substance with another, who knowingly fails to seek medical assistance for such other person when the other person suffers an overdose of the controlled substance or suffers a significant adverse physical reaction to the controlled substance and the overdose or adverse physical reaction proximately causes the death of the other person, is guilty of a felony and, upon conviction thereof, shall be imprisoned for not less than one year nor more than five years.
WV Code § 60A-4-417 (2021)
2021 West Virginia Code|Chapter 60A. Uniform Controlled Substances Act|Article 4. Offenses and Penalties|§60A-4-417. Sale of Dextromethorphan

(a) As used in this section, "finished drug product" means a drug legally marketed under the Federal Food, Drug, and Cosmetic Act (21 U.S.C. § 321 et seq.) that is in finished dosage form.(b) A person may not knowingly or willfully sell or trade a finished drug product containing any quantity of dextromethorphan to a person under 18 years of age.(c) A person under 18 years of age, unless an emancipated minor, may not purchase a finished drug product containing any quantity of dextromethorphan.(d) A person making a retail sale of a finished drug product containing any quantity of dextromethorphan shall require and obtain proof of age from the purchaser before completing the sale, unless from the purchasers outward appearance the person making the sale would reasonably presume the purchaser to be at least 25 years of age.(e) This section does not apply to a medication containing dextromethorphan that is sold pursuant to a valid prescription.(f) Any person violating the provisions of this section is guilty of a misdemeanor and shall be fined not less than $100 nor more than $250.
WV Code § 60A-5-501 (2021)
2021 West Virginia Code|Chapter 60A. Uniform Controlled Substances Act|Article 5. Enforcement and Administrative Provisions|§60A-5-501. Powers of Enforcement Personnel

(a) Any member of the State Police, any sheriff, any deputy sheriff, any municipal police officer and any campus police officer may in the enforcement of the provisions of this act:(1) Carry firearms;(2) Execute and serve search warrants, arrest warrants, subpoenas, and summonses issued under the authority of this state;(3) Make arrests without warrant for any offense under this act committed in his presence, or if he has probable cause to believe that the person to be arrested has committed or is committing a violation of this act which may constitute a felony;(4) Make seizures of property pursuant to this act; or(5) Perform such other law-enforcement duties as said state Board of Pharmacy or said appropriate department, board or agency, as specified in section 301, designates.(b) All officers, agents, inspectors, and representatives of the said state Board of Pharmacy and of the said appropriate department, board, or agency, as specified in section 301, and members of the State Police may execute and serve administrative warrants issued incident to the enforcement of the provisions of this act. Any such officer, agent, inspector, and representative of the said state Board of Pharmacy and of the said appropriate department, board, or agency, as specified in said section 301, may:(1) Execute and serve subpoenas and summonses issued under the authority of this state;(2) Make arrests without warrant for any offense under this act committed in his presence, or if he has probable cause to believe that the person to be arrested has committed or is committing a violation of this act which may constitute a felony; or(3) Make seizures of property pursuant to this act.(c) All prosecuting attorneys and the Attorney General, or any of their assistants, shall assist in the enforcement of all provisions of this act and shall cooperate with all agencies charged with the enforcement of the laws of the United States, of this state, and of all other states relating to controlled substances.
WV Code § 60A-5-503 (2021)
2021 West Virginia Code|Chapter 60A. Uniform Controlled Substances Act|Article 5. Enforcement and Administrative Provisions|§60A-5-503. Injunctions

(a) The courts of record of this state have and may exercise jurisdiction to restrain or enjoin violations of this act.(b) The defendant may demand trial by jury for an alleged violation of an injunction or restraining order under this section.
WV Code § 60A-5-504 (2021)
2021 West Virginia Code|Chapter 60A. Uniform Controlled Substances Act|Article 5. Enforcement and Administrative Provisions|§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, boards, and agencies, as specified in section 301, shall cooperate with federal and other state agencies in discharging their responsibilities concerning traffic in controlled substances and in suppressing the abuse of controlled substances. To this end, they may:(1) Arrange for the exchange of information among governmental officials concerning the use and abuse of controlled substances;(2) Coordinate and cooperate in training programs concerning controlled substance law enforcement at local and state levels;(3) Cooperate with the bureau by establishing a centralized unit to accept, catalogue, file, and collect statistics, including records of drug dependent persons and other controlled substance law offenders within the state, and make the information available for federal, state, and local law enforcement purposes. They shall not furnish the name or identity of a patient or research subject whose identity could not be obtained under subsection (c); and(4) Conduct programs of eradication aimed at destroying wild or illicit growth of plant species from which controlled substances may be extracted.(b) Results, information, and evidence received from the bureau relating to the regulatory functions of this chapter, including results of inspections conducted by it may be relied and acted upon by the state Board of Pharmacy in the exercise of its regulatory functions under this chapter.(c) A practitioner engaged in medical practice or research is not required or compelled to furnish the name or identity of a patient or research subject to the state Board of Pharmacy or to the appropriate department, board, or agency by which he is licensed or registered, as specified in section 301, nor may he be compelled in any state or local civil, criminal, administrative, legislative, or other proceedings to furnish the name or identity of an individual that the practitioner is obligated to keep confidential.(d) No mental health organization or hospital shall be compelled in any state or local civil, criminal, administrative, legislative or other proceeding to furnish the name or identity of any person voluntarily requesting treatment for or rehabilitation from addiction to or dependency upon the use of a controlled substance as defined in article one of this chapter.(e) Notwithstanding any other provision of law, any licensed physician or competent medically trained person under his direction may examine, diagnose, and treat any minor at his or her request for any addiction to or dependency upon the use of a controlled substance as defined in article one of this chapter without the knowledge or consent of the minor's parent or guardian. Such physician and such other persons shall not incur any civil or criminal liability in connection therewith except for negligence or willful injury.
WV Code § 60A-5-506 (2021)
2021 West Virginia Code|Chapter 60A. Uniform Controlled Substances Act|Article 5. Enforcement and Administrative Provisions|§60A-5-506. Burden of Proof; Liability of Officers

(a) It is not necessary for the state to negate any exemption or exception in this act in any complaint, information, indictment, or other pleading or in any trial, hearing, or other proceeding under this act. The burden of proof of any exemption or exception is upon the person claiming it.(b) In the absence of proof that a person is the duly authorized holder of an appropriate registration or order form issued under this act, he is presumed not to be the holder of the registration or form. The burden of proof is upon him to rebut the presumption.(c) No liability is imposed by this act upon any authorized state, county, or municipal officer, engaged in the lawful performance of his duties.
WV Code § 60A-5-507 (2021)
2021 West Virginia Code|Chapter 60A. Uniform Controlled Substances Act|Article 5. Enforcement and Administrative Provisions|§60A-5-507. Judicial Review

All final determinations, findings, and conclusions of the said state Board of Pharmacy or the appropriate department, board, or agency, as specified in section 301, made under this act after hearing are final and conclusive decisions of the matters involved. Any person aggrieved by the decision may obtain review of the decision pursuant to the provisions of articles five and six, chapter twenty-nine-a of this code.