West Virginia 2024 Regular Session

West Virginia Senate Bill SB219

Introduced
1/11/24  
Refer
1/11/24  
Report Pass
1/16/24  
Engrossed
1/22/24  
Refer
1/23/24  

Caption

Relating to Uniform Controlled Substances Act

Impact

The implementation of SB219 is poised to have a considerable impact on state laws concerning substance abuse and overdose situations. By clearly delineating the responsibilities of individuals present when a drug overdose occurs, the bill not only aims to encourage prompt medical assistance but also emphasizes the legal consequences for failing to do so. This approach may lead to a shift in behavior among drug users, potentially affecting drug use patterns and emergency response actions in critical situations. As such, the bill could play a role in addressing the growing issues surrounding opioid use and related fatalities within the state.

Summary

Senate Bill 219, introduced in West Virginia, aims to amend the Uniform Controlled Substances Act by clarifying key phrases related to drug use and the obligations of individuals present during an overdose situation. The bill specifically defines 'engaged in the illegal use of a controlled substance with another person' and 'seek medical assistance'. This legislative effort seeks to establish criminal penalties for those who deliver controlled substances resulting in death and those who fail to seek aid for persons experiencing an overdose related to drug use. Penalties include significant prison time, thereby underscoring the seriousness with which the legislature views drug-related deaths.

Sentiment

The sentiment surrounding SB219 appears to be generally supportive among legislative members, particularly in a context where the state is facing pressing challenges related to substance abuse and its repercussions on public health. However, there may be concerns raised by civil liberties advocates about the implications of criminalizing failure to seek medical help, prompting a discussion about the balance between public safety, personal responsibility, and the stigma associated with drug addiction. The overall narrative reflects a strong inclination towards more stringent measures to combat drug-related crime and protect individuals' lives in overdose situations.

Contention

Notable points of contention regarding SB219 include the potential for criminal penalties to deter individuals from seeking help during an overdose for fear of legal repercussions. Critics may argue that rather than fostering a climate of safety and assistance, the fear of being prosecuted could lead individuals to hesitate in calling for help. Additionally, discussions may further explore the definitions provided within the bill, ensuring clarity and fairness in enforcement while protecting those who are victims of addiction rather than merely viewing them as offenders. The implications of these legal definitions and penalties on community health responses to drug use are likely to be a significant aspect of ongoing debates.

Companion Bills

No companion bills found.

Previously Filed As

WV SB143

Relating to Uniform Controlled Substances Act

WV SB584

Lauren's Law increasing penalty for delivery of certain controlled substances

WV SB580

Increasing penalty for felony distribution of controlled substance classified in Schedule I or II

WV SB393

Board of Pharmacy rule relating to Uniform Controlled Substances Act

WV HB3190

Controlled Substances and arrestable offenses

WV LB72

Change provisions relating to controlled substances schedules under the Uniform Controlled Substances Act

WV H0497

Amends existing law to revise provisions regarding controlled substances.

WV H0777

Amends existing law to revise provisions regarding controlled substances.

WV SF209

Illegal cannabis and controlled substances tax repeal

WV HB680

AN ACT relating to controlled substances.

Similar Bills

CA AB1612

Disposition of controlled substances.

MA H2227

Replacing archaic and stigmatizing language for substance use

US HB830

SAFE Act Save Americans from the Fentanyl Emergency Act

MI HB4948

Controlled substances: other; sentencing guidelines for retail sale of products containing ephedrine or pseudoephedrine; modify. Amends sec. 13m, ch. XVII of 1927 PA 175 (MCL 777.13m). TIE BAR WITH: HB 4947'25

NJ S829

"CJ's Law"; Criminalizes manufacture, sale, and possession of substances containing kratom.

NJ A1617

"CJ's Law"; Criminalizes manufacture, sale, and possession of substances containing kratom.

NJ A1203

"CJ's Law"; Criminalizes manufacture and distribution of substances containing kratom under certain circumstances.

NJ S2271

"CJ's Law"; Criminalizes manufacture and distribution of substances containing kratom under certain circumstances.