West Virginia Laws and Programs

Drug Laws and Enforcement

The West Virginia Uniform Controlled Substances Act, found in Chapter 60A of the West Virginia Code, prohibits manufacturing, delivering, and possessing with intent to manufacture or deliver controlled substances, which are divided into five categories. Schedule I and II narcotics convictions are felonies that can result in one to 15 years in prison and/or a fine up to $25,000. Any other Schedule I, II, and III convictions are felonies that can result in prison terms of one to five years and/or a fine of no more than $15,000. Schedule IV convictions are felonies that can result in one to three years in prison and/or up to a $10,000 fine. Convictions for Schedule V drugs, which include drugs for which there is an accepted medical use, are misdemeanors that can result in a jail term ranging from six to 12 months and/or a fine up to $5,000. West Virginia law provides for lesser penalties when the substances are counterfeit and when a person merely possesses the substances in small quantities. Additional laws prohibit the possession of drug paraphernalia; withholding information from a medical professional for the purpose to deceive and obtain a prescription for a controlled substance; operating clandestine drug laboratories; and tampering with drug and alcohol screening tests.

The West Virginia State Police's Bureau of Criminal Investigations concentrates on felony investigations of major offenses such as drug trafficking. In fiscal year 2009, this unit's investigations resulted in 659 federal and 826 state felony arrests and nearly $12.5 million in seized currency. The Drug Identification Section, which analyzes and identifies suspected controlled substances, is also operated by the State Police.

Nine counties in West Virginia are included in the Appalachian High Intensity Drug Trafficking Area (HIDTA) whose primary focus is marijuana. The HIDTA is charged with decreasing drug production, trafficking, and related violent crime through cooperative, multijurisdictional law enforcement efforts.

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