West Virginia § 60A-4-407a Authorizing additional requirements to obtain a final order of discharge and dismissal for persons charged with possession of controlled substances

West Virginia Statutes

§ 60A-4-407a — Authorizing additional requirements to obtain a final order of discharge and dismissal for persons charged with possession of controlled substances

West Virginia § 60A-4-407a

Ch. 60AUNIFORM CONTROLLED SUBSTANCES ACT

Art. 4OFFENSES AND PENALTIES

This text of West Virginia § 60A-4-407a (Authorizing additional requirements to obtain a final order of discharge and dismissal for persons charged with possession of controlled substances) is published on Counsel Stack Legal Research, covering West Virginia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

W. Va. Code § 60A-4-407a (2026).

Text

(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 appropria

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(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.