West Virginia 2025 Regular Session

West Virginia Senate Bill SB143

Introduced
2/12/25  

Caption

Relating to Uniform Controlled Substances Act

Impact

If passed, SB143 will significantly impact state laws regarding drug offenses in West Virginia, introducing felony charges with specific sentencing guidelines. Individuals convicted of delivering substances that result in death could face imprisonment for a term of three to fifteen years, while those who do not seek help during an overdose could be imprisoned for one to five years. These amendments reflect a more stringent approach towards combating substance abuse and the associated fatalities by increasing accountability among individuals involved in drug use.

Summary

Senate Bill 143 aims to amend West Virginia's Uniform Controlled Substances Act by defining and clarifying key phrases related to drug use and the responsibilities of individuals in overdose situations. The bill specifically addresses circumstances where a person who is engaged in illegal drug use with another individual fails to seek medical assistance during an overdose, leading to criminal implications. This legislation intends to impose stricter penalties for those involved in drug delivery resulting in death and for individuals who do not seek help for their peers during critical moments.

Sentiment

The sentiment surrounding SB143 appears to be mostly supportive among advocacy groups concerned with drug-related fatalities, as it emphasizes the importance of getting timely medical assistance during overdoses. However, there may be opposition from civil rights advocates who see these stringent penalties as potentially leading to unintended consequences, such as discouraging individuals from seeking help for fear of legal repercussions. The balance between increasing accountability and ensuring that people feel safe to call for help remains a critical point of discussion.

Contention

A notable contention surrounding SB143 revolves around the clarity of the terms defined within the bill. Some legislators express concern that the definitions of 'engaged in the illegal use of a controlled substance with another person' and 'seek medical assistance' may still leave ambiguity in enforcement. Critics argue that without clear delineations, there could be inconsistencies in how the law is applied, particularly regarding what constitutes sufficient action to obtain help during an overdose situation.

Companion Bills

No companion bills found.

Previously Filed As

WV SB219

Relating to Uniform Controlled Substances Act

WV SB135

Relating to Uniform Controlled Substances Act

WV HB2019

Making Delta-8 and Delta-7 controlled substances

WV HB2107

Relating to access of records in controlled substance monitoring

WV HB5167

Relating to access of records in controlled substance monitoring

WV SB154

Increasing penalties for drug possession and updating list of offenses

WV SB547

Increasing penalties for drug possession and updating list of offenses

WV HB2253

Relating to controlled substance monitoring; and removing a dispensing prohibition

WV HB4669

Relating to controlled substance monitoring; and removing a dispensing prohibition

WV HB2884

Requiring a minimum of 7 year term in state prison for conviction of distributing controlled substances

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HI SB132

Relating To Alcohol And Substance Abuse.

HI SB132

Relating To Alcohol And Substance Abuse.

LA SB61

Authorizes the secretary of the Department of Health and Hospitals to issue stop order rules on certain dangerous substances. (8/1/12)

MA H2227

Replacing archaic and stigmatizing language for substance use