Creating new penalty and procedure for simple possession of certain Schedule I or II substances

SB 463 creates a new misdemeanor offense for the first-time simple possession of narcotics or methamphetamine classified as Schedule I or II substances in West Virginia. This replaces previous penalties, setting a maximum penalty of six months to three years in regional jail or a $1,000 fine for first offenses. For second or subsequent offenses within five years, possession becomes a felony punishable by one to five years in prison or a $1,000 fine. The bill also requires all such cases to be tried in circuit court and allows courts to reduce certain felony convictions to misdemeanors under specified conditions.