West Virginia Code 16-64-8 – Immunity
(a) Notwithstanding any provision of this code to the contrary, an employee, volunteer, or participant of a licensed syringe services program may not be arrested, charged with, or prosecuted for possession of any of the following:
Terms Used In West Virginia Code 16-64-8
- Arrest: Taking physical custody of a person by lawful authority.
- Syringe: means both the needle and syringe used to inject fluids into the body. See West Virginia Code 16-64-1
- Syringe services program: means a community-based program that provides access to sterile syringes, facilitates safe disposal of used syringes, and is part of a harm reduction program. See West Virginia Code 16-64-1
(1) Sterile or used syringes, hypodermic syringes, injection supplies obtained from or returned to a program, or other safer drug use materials obtained from a program established pursuant to this article, including testing supplies for illicit substances.
(2) Residual amounts of a controlled substance contained in a used syringe, used injection supplies obtained from or returned to a program.
(b) A law-enforcement officer who, acting on good faith, arrests or charges a person who is thereafter determined to be entitled to immunity from prosecution under this section is not liable for the arrest or filing of charges.
(c) An individual who is wrongly detained, arrested or prosecuted under this section shall have the public record associated with the detainment, arrest or prosecution expunged.
(d) A health care professional, or an employee or volunteer of a licensed syringe services program is not subject to professional sanction, detainment, arrest, or prosecution for carrying out the provisions of this article.
(e) A business that has syringe litter on its property is immune from civil or criminal liability in any action relating to the needle on its property unless the business owner acted in reckless disregard for the safety of others.