West Virginia legislation · 2026 Regular Session
West Virginia HB5599: To make the possession of fentanyl a felony offense
Status: Introduced, February 16, 2026
What the bill says
To amend and reenact §60A-4-401 of the Code of West Virginia, 1931, as amended, relating to making possession of fentanyl a felony offense and setting penalties for the offense. Article 4. Offenses and penalties. §60A-4-401. Prohibited acts; penalties. (a) Except as authorized by this act, it is unlawful for any person to manufacture, deliver, or possess with intent to manufacture or deliver a controlled substance. Any person who violates this subsection with respect (ii) Any other controlled substance classified in Schedule I, II, or III is guilty of a felony and, upon conviction there.
From the introduced text, February 16, 2026:
A BILL to amend and reenact §60A-4-401 of the Code of West Virginia, 1931, as amended, relating to making possession of fentanyl a felony offense and setting penalties for the offense. Article 4. Offenses and penalties. §60A-4-401. Prohibited acts; penalties. (a) Except as authorized by this act, it is unlawful for any person to manufacture, deliver, or possess with intent to manufacture or deliver a controlled substance. Any person who violates this subsection with respect (ii) Any other controlled substance classified in Schedule I, II, or III is guilty of a felony and, upon conviction thereof, may be imprisoned in a state correctional facility for not less than one year nor more than five years, or fined not more than $15,000, or both fined and imprisoned; (iii) A substance classified in Schedule IV is guilty of a felony and, upon conviction thereof, may be imprisoned in a state correctional facility for not less than one year nor more than three years, or fined not more than $10,000, or both fined and imprisoned; (iv) A substance classified in Schedule V is guilty of a misdemeanor and, upon conviction thereof, may be confined in jail for not less than six months nor more than one year, or fined not more than $5,000, or both fined and confined: Provided, That for offenses relating …
Sponsors
- (R, 030) · primary sponsor