W. Va. Code § 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 · West Virginia Code Chapter 60A — Uniform Controlled Substances Act · Status: effective
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- Citation
- W. Va. Code § 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, version 1 as recorded 2026-10-03, yourstate.us, https://yourstate.us/provision/2392111
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Full 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 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.