Defining drugs in West Virginia

A drug arrest and/or conviction can bring with it several unintended consequences. On top of whatever criminal penalties you may end up facing, your reputation can also be severely damaged. Thus, we here at the Scott C. Brown Law Office are diligent in sitting down with clients to review whatever charges they may be facing to ensure that they are even warranted. Some might question how you can challenge the validity of drug charges (you either had them or you did not), yet in many cases, it may not be that simple. 

Say you were taking a substance that you believed to be innocuous and whose use was perfectly legal; should you be held criminally culpable if you were unaware that said substance was indeed considered to be illicit? Most agree that there are certain controlled substances out there that would fall under the category of "drugs," yet is put on the spot, many might only be able to name a few off the top of their head. In reality, however, there are hundreds of substances specifically detailed in West Virginia's drug schedules. 

Most, however, are not expected to know what all those are. Instead, the state offers a broad definition of what it considers a "drug." Per Section 60A-1-101(m) of the state's Uniform Controlled Substance Act, a drug is defined as: 

  • Substances detailed in any of the United States' official drug formularies or medicinal drug logs
  • Substances meant to diagnose, cure, treat or prevent disease in humans or animals
  • Substances meant to affect the body structure or function of humans or animals (other than food)

Analogue items (substances with chemical compositions similar to defined controlled substances) are also considered drugs. You can learn more about the intricacies of drug laws by continuing to explore our site. 

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