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HB 2437

Clarification of penalties for offenses involving Fentanyl

2025 Regular Session Introduced by J.B. Akers and 9 co-sponsors

House Bill 2437 enhances penalties for fentanyl offenses, imposing 3-15 years in prison and up to $50,000 fines, aiming to deter misuse and protect public health.

To Substance Use Disorder and Mental Health
#crime
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Bill Summary · HB 2437

Summary of House Bill 2437: Clarification of Penalties for Offenses Involving Fentanyl

Bill Number: HB 2437
Introduced: February 17, 2025
Status: To Substance Use Disorder and Mental Health Committee
Classification: Bill
Subject: Crime

Purpose and Intent

House Bill 2437 aims to clarify and enhance the penalties associated with offenses involving fentanyl, a potent synthetic opioid. The bill seeks to address the growing concerns regarding the misuse and distribution of fentanyl and its analogs, which have been linked to a significant increase in overdose deaths. By establishing clearer sentencing guidelines, the bill intends to deter illegal activities related to fentanyl and improve public safety.

Key Provisions

The bill amends and reenacts §60A-4-401 of the Code of West Virginia, introducing specific penalties for various offenses involving fentanyl:

  1. Manufacturing, Delivering, or Possessing Controlled Substances:

    • Fentanyl (Schedule II):
      • If a person is convicted of violating this section with fentanyl, they face a minimum of 3 years to a maximum of 15 years in prison and a fine of up to $50,000.
    • Other Schedule I or II Substances:
      • Penalties remain the same as current law, with imprisonment ranging from 1 to 15 years and fines up to $25,000.

  2. Counterfeit Substances:

    • Similar penalties apply for creating or delivering counterfeit substances, with enhanced penalties for those involving fentanyl.

  3. Possession of Controlled Substances:

    • Possession without a valid prescription is classified as a misdemeanor, with potential jail time of 90 days to 6 months and fines up to $1,000.

  4. Adulteration and Counterfeiting:

    • Specific provisions are included for those who adulterate controlled substances with fentanyl or create counterfeit substances using fentanyl, carrying penalties of 3 to 15 years in prison and fines up to $50,000.

  5. Imitation Controlled Substances:

    • Creating or distributing imitation controlled substances is also addressed, with penalties varying based on the classification of the substance.

Who Would Be Affected

This bill primarily impacts individuals involved in the manufacturing, distribution, or possession of fentanyl and related substances. It also affects law enforcement and judicial systems by providing clearer guidelines for prosecution and sentencing. Additionally, the bill aims to protect public health by addressing the fentanyl crisis.

Procedural Timeline

  • February 17, 2025: Bill filed for introduction and referred to the House Judiciary Committee.
  • March 3, 2025: Bill read for the first time and placed on the Special Calendar.
  • March 5, 2025: Passed the House with a roll call vote and communicated to the Senate.
  • March 6, 2025: Introduced in the Senate and referred to the Substance Use Disorder and Mental Health Committee.

Conclusion

House Bill 2437 represents a significant legislative effort to combat the fentanyl crisis in West Virginia by clarifying penalties and enhancing sentencing for related offenses. By establishing stricter consequences for those involved in fentanyl-related crimes, the bill aims to deter illegal activities and protect public health.

Compiled from official sources — confirm details with the bill’s official record.

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