West Virginia Code § 60A-4-402

Prohibited acts B; penalties
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(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 inspeaction 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 anyL 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.

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