West Virginia Code § 60A-4-413

Unlawful production, manufacture or possession of Salvia divinorum
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(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 puhysician 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 disptosition 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. s
(c) The provisions of this section shall not apply to licensed physicians, pharmacists, and
accredited hospitals and teaching fagcilities 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. e

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