West Virginia Code 60A-4-407a – Authorizing additional requirements to obtain a final order of discharge and dismissal for persons charged with possession of controlled substances
(a) Notwithstanding any provision of this code to the contrary, when a person pleads guilty or is found guilty of a violation of §60A-4-401(c) of this code, or a municipal ordinance containing the same elements where the controlled substance possessed is listed in § 60A-2-204 of this code, other than marijuana, or is a controlled substance listed in §60A-2-206, §60A-2-208, or § 60A-2-210 of this code, the court may, as an additional condition for the entry of a final order of discharge or dismissal under § 60A-4-407 of this code or a municipal ordinance containing the same or substantially the same provision, require the defendant to be:
Terms Used In West Virginia Code 60A-4-407a
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Dismissal: The dropping of a case by the judge without further consideration or hearing. Source:
(1) Evaluated for admission into a drug court program; or
(2) Participate in a drug treatment program.
(b) If a defendant is determined to be an appropriate candidate for admission to drug court or a drug treatment program, the court may make successful completion of a drug court or a drug treatment program a requirement for obtaining a final order of discharge and dismissal.