§60A-10-1. Short Title
The provisions of this article shall be known and referred to as the Methamphetamine Laboratory Eradication Act.
§60A-10-10. Authority of the Superintendent of the State Police to Leverage Grant Funds
The Superintendent of the State Police is encouraged to leverage available grant funds from individuals, foundations, corporations, the federal government, governmental agencies and other organizations or institutions, make and sign any agreement to and perform any act that may be necessary to effectuate these grants. The grant funds shall be dedicated toward a drug court, […]
§60A-10-11. Reporting to the Legislative Oversight Commission on Health and Human Resources Accountability
Beginning July 1, 2013, the Superintendent of the West Virginia State Police shall submit an annual report no later than July 1 of each year to the Legislative Oversight Commission on Health and Human Resources Accountability with data and statistics related to methamphetamine use, production and distribution in this state including, but not limited to, […]
§60A-10-12. Exposure of Children to Methamphetamine Manufacturing; Penalties
(a) Any person eighteen years of age or older who knowingly causes or permits a minor to be present in a location where methamphetamine is manufactured or attempted to be manufactured is guilty of a felony and, upon conviction thereof, shall be imprisoned in a state correctional facility for not less than two nor more […]
§60A-10-13. Exposure of First Responders to Manufacture Methamphetamine; Penalties
Any person who, as a result of or in the course of unlawfully and intentionally manufacturing methamphetamine, causes a police officer, probation officer, humane officer, emergency medical service personnel, firefighter, State Fire Marshal or employee, Division of Forestry employee, county correctional employee or state correctional employee acting in his or her official capacity to ingest, […]
§60A-10-14. Illegal Storage of Anhydrous Ammonia; Exceptions
(a) Any person who stores or conveys anhydrous ammonia in a container that: (1) Is not approved by the United States Department of Transportation to hold anhydrous ammonia; or
§60A-10-15. Iodine Solution Greater Than Two Percent; Prescription or Permit Required; Offenses; Penalties
(a) A person may offer to sell, sell or distribute an iodine matrix only: (1) As a prescription drug, pursuant to a prescription issued by a veterinarian or physician licensed within the state; or
§60A-10-16. Expiration of Enactments
The provisions of this article establishing the Multi–State Real-Time Tracking System shall expire on June 30, 2023.
§60A-10-2. Purpose; Findings
The Legislature finds: (a) That the illegal production and distribution of methamphetamine is an increasing problem nationwide and particularly prevalent in rural states such as West Virginia. (b) That methamphetamine is a highly addictive drug that can be manufactured in small and portable laboratories. These laboratories are operated by individuals who manufacture the drug in […]
§60A-10-3. Definitions
In this article: (a) "Board of Pharmacy" or "board" means the West Virginia Board of Pharmacy established by the provisions of article five, chapter thirty of this code. (b) "Designated precursor" means any drug product made subject to the requirements of this article by the provisions of section ten of this article. (c) "Distributor" means […]
§60A-10-4. Purchase, Receipt, Acquisition and Possession of Substances to Be Used as Precursor to Manufacture of Methamphetamine or Another Controlled Substance; Offenses; Exceptions; Penalties
(a) A pharmacy may not sell, transfer or dispense to the same person, and a person may not purchase more than three and six-tenths grams per day, more than seven and two-tenths grams in a thirty-day period or more than forty-eight grams annually of ephedrine, pseudoephedrine or phenylpropanolamine without a prescription. The limits shall apply […]
§60A-10-5. Restrictions on the Sale, Transfer or Delivery of Certain Drug Products; Penalties
(a) No pharmacy or individual may display, offer for sale or place a drug product containing ephedrine, pseudoephedrine or phenylpropanolamine or other designated precursor where the public may freely access the drug product. All such drug products or designated precursors shall be placed behind a pharmacy counter where access is restricted to a pharmacist, a […]
§60A-10-6. Registration to Sell, Manufacture or Distribute Products; Rule-Making Authority
The State Board of Pharmacy shall propose rules for legislative approval in accordance with the provisions of article three, chapter twenty-nine-a of this code to require that every wholesaler, manufacturer or distributor of any drug product containing as their single active ingredient ephedrine or pseudoephedrine or a substance identified on the supplemental list provided for […]
§60A-10-7. Restricted Products; Rule-Making Authority
(a) On or before July 1, 2005, the Board of Pharmacy shall promulgate emergency and legislative rules pursuant to the provision of article three, chapter twenty-nine-a of this code to implement a program wherein the Board of Pharmacy shall consult with the Superintendent of the State Police in identifying drug products which are a designated […]
§60A-10-8. Reporting Requirements; Confidentiality
(a) Until January 1, 2013, upon each sale, retail, transfer or distribution of any drug product referred to in section seven of this article or another designated precursor, the pharmacist, pharmacy intern, or pharmacy technician making the sale, transfer or distribution shall report the following information for inclusion in the central repository established and maintained […]
§60A-10-9. Persons Mandated to Report Suspected Injuries Related to Methamphetamine Production; Failure to Report; Penalty
(a) When any medical, dental or mental health professional, Christian Science practitioner, religious healer or emergency medical services personnel has reason to believe that an injury is the direct result of exposure to the production of methamphetamine such person shall immediately, and not more than forty-eight hours after such suspicion arises, report the circumstances or […]