West Virginia 2025 Regular Session Status: Passed House Of Delegates 11 R cosponsors

HB 2437 — Clarification of penalties for offenses involving Fentanyl

Last action — To Substance Use Disorder and Mental Health

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. 3
    Passed House of Delegates
  4. 4
    Passed Senate
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 2025 Regular Session. It reached “Passed House of Delegates” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Bill Text

What changed in the latest version

7 added · 11 removed

Plain-language change summary

In the latest version of HB 2437, specific language has been added to clarify the penalties associated with substances classified as Schedule V, which typically includes certain prescription medications. This change is significant because it aims to enhance the legal framework regarding the sentencing of crimes related to fentanyl, potentially leading to stricter penalties. By providing clearer definitions and requirements, the bill intends to address concerns surrounding the misuse of these substances and improve public safety.

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WEST VIRGINIA LEGISLATURE REGULAR SESSION Introduced House Bill 2437 By Delegates Akers, Pritt, Chiarelli, Horst, McCormick, Kyle, T.
WEST VIRGINIA LEGISLATURE REGULAR SESSION ENGROSSED House Bill 2437 By Delegates Akers, Pritt, Chiarelli, Horst, McCormick, Kyle, T.
referred to the Committee on the Judiciary] Intr HB 2025R2981 A BILL to amend and reenact §60A-4-401 of the Code of West Virginia, 1931, as amended, relating to fentanyl;
referred to the Committee on the Judiciary] Eng HB 2437 A BILL to amend and reenact §60A-4-401 of the Code of West Virginia, 1931, as amended, relating to fentanyl;
(iv) A substance classified in Schedule V is guilty of a misdemeanor and, upon conviction thereof, may be confined in jail for not less than six months nor more than one year, or fined not more than $5,000, or both fined and confined: Provided, That for offenses relating to any substance classified as Schedule V in §60A-10-1 et seq. of this code, the penalties established in Intr HB 2025R2981 said article apply.
(iv) A substance classified in Schedule V is guilty of a misdemeanor and, upon conviction thereof, may be confined in jail for not less than six months nor more than one year, or fined not more than $5,000, or both fined and confined: Provided, That for offenses relating to any Eng HB 2437 substance classified as Schedule V in §60A-10-1 et seq.
of this code, the penalties established in said article apply.
(iv) A counterfeit substance classified in Schedule V is guilty of a misdemeanor and, upon conviction thereof, may be confined in jail for not less than six months nor more than one year, or fined not more than $5,000, or both fined and confined: Provided, That for offenses relating to any substance classified as Schedule V in §60A-10-1 et seq. of this code, the penalties established in said article apply.
(iv) A counterfeit substance classified in Schedule V is guilty of a misdemeanor and, upon conviction thereof, may be confined in jail for not less than six months nor more than one year, or fined not more than $5,000, or both fined and confined: Provided, That for offenses relating to any substance classified as Schedule V in §60A-10-1 et seq.
of this code, the penalties established in said article apply.
Any person who violates this subsection is guilty of a misdemeanor, and disposition may be made under §60A-4-407 of this code, subject to the limitations specified in said section, or upon conviction thereof, the person may be confined in jail not less than 90 days nor more than six months, or fined not more than $1,000, or both fined and Intr HB 2025R2981 confined: Provided, That notwithstanding any other provision of this act to the contrary, any first offense for possession of synthetic cannabinoids as defined by §60A-1-101(d)(32) of this code;
Any person who violates this subsection is guilty of a misdemeanor, and disposition may be made under §60A-4-407 of this code, subject to the limitations specified in said section, or upon conviction thereof, the person may be confined in jail Eng HB 2437 not less than 90 days nor more than six months, or fined not more than $1,000, or both fined and confined: Provided, That notwithstanding any other provision of this act to the contrary, any first offense for possession of synthetic cannabinoids as defined by §60A-1-101(d)(32) of this code;
or (3) To cause the adulteration or counterfeiting or imitation of another controlled substance Intr HB 2025R2981 using fentanyl.
or Eng HB 2437 (3) To cause the adulteration or counterfeiting or imitation of another controlled substance using fentanyl.
NOTE:
The purpose of this bill is to clarify certain requirements for the enhanced sentencing of crimes involving fentanyl and create criminal penalties.
Strike-throughs indicate language that would be stricken from a heading or the present law and underscoring indicates new language that would be added.
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Action History

  1. To Substance Use Disorder and Mental Health

  2. To Substance Use Disorder and Mental Health then Judiciary

  3. Introduced in Senate

  4. Communicated to Senate

  5. Passed House (Roll No. 30)

  6. Read 3rd time

  7. On 3rd reading, Special Calendar

  8. Read 2nd time

  9. On 2nd reading, Special Calendar

  10. Read 1st time

  11. On 1st reading, Special Calendar

  12. Do pass

  13. Markup Discussion

  14. To House Judiciary

  15. Introduced in House

  16. To Judiciary

  17. Filed for introduction

Sponsors

Sponsorship breakdown

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1 sponsors · 10 co-sponsors · 141 not signed on · 7 voted No

Sponsors (1)

Co-sponsors (10)

Not signed on (141)

141 members have not signed on to this bill.

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"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

PASSAGE

Passed 91 Yea · 7 Nay · 2 Other
Party YeaNayPresentNot Voting
Republican 84001
Unaffiliated 5001
Democrat 2700
Total 91702
% of votes cast 91%7%0%2%
How each member voted (100)
Member Party Vote
Devault — Yea
Kump — Yea
Flanigan — Yea
Linville — Yea
Steele — Not Voting
Clark, T — Yea
Anitra Hamilton Democrat Nay
Evan Hansen Democrat Nay
Hollis Lewis Democrat Nay
John Williams Democrat Nay
Kayla Young Democrat Yea
Mike Pushkin Democrat Nay
Rick Garcia Democrat Nay
Sean Hornbuckle Democrat Nay
Shawn Fluharty Democrat Yea
Adam Burkhammer Republican Yea
Adam Vance Republican Yea
Andy Shamblin Republican Yea
Betsy Kelly Republican Yea
Bill Ridenour Republican Yea
Bob Fehrenbacher Republican Yea
Bryan Smith Republican Yea
Bryan Ward Republican Yea
Carl "Bill" Roop Republican Yea
Carl Martin Republican Yea
Charles Sheedy Republican Yea
Chris Phillips Republican Yea
Christopher W. Toney Republican Yea
Chuck Horst Republican Yea
Clay Riley Republican Yea
D. Rolland Jennings Republican Yea
Dana Ferrell Republican Yea
Dave Foggin Republican Yea
David Cannon Republican Yea
David Green Republican Yea
David McCormick Republican Yea
Dean Jeffries Republican Yea
Doug Smith Republican Yea
Elias Coop-Gonzalez Republican Yea
Eric Brooks Republican Yea
Erica Moore Republican Yea
Evan Worrell Republican Not Voting
Gary G. Howell Republican Yea
Geno Chiarelli Republican Yea
George Miller Republican Yea
George Street Republican Yea
Henry Dillon Republican Yea
Ian T. Masters Republican Yea
James Robert "JB" Akers II Republican Yea
Jarred Cannon Republican Yea
Jeff Campbell Republican Yea
Jeff Eldridge Republican Yea
Jeffrey Stephens Republican Yea
Jim Butler Republican Yea
Jimmy Willis Republican Yea
Joe Ellington Republican Yea
Joe Funkhouser Republican Yea
Joe Parsons Republican Yea
Joe Statler Republican Yea
John Paul Hott Republican Yea
Jonathan Kyle Republican Yea
Jonathan Pinson Republican Yea
Jordan Bridges Republican Yea
Jordan Maynor Republican Yea
Josh Holstein Republican Yea
Kathie Hess Crouse Republican Yea
Keith Marple Republican Yea
Laura Kimble Republican Yea
Lisa White Republican Yea
Lori Dittman Republican Yea
Margitta Mazzocchi Republican Yea
Mark Dean Republican Yea
Mark Zatezalo Republican Yea
Marshall W. Clay Republican Yea
Marty Gearheart Republican Yea
Matthew Rohrbach Republican Yea
Michael Amos Republican Yea
Michael Hite Republican Yea
Michael Hornby Republican Yea
Mickey Petitto Republican Yea
Pat McGeehan Republican Yea
Patrick Lucas Republican Yea
Phil Mallow Republican Yea
Ray Canterbury Republican Yea
Rick Hillenbrand Republican Yea
Roger Hanshaw Republican Yea
Roy Cooper Republican Yea
Ryan Browning Republican Yea
S. Chris Anders Republican Yea
Sarah Drennan Republican Yea
Scot C. Heckert Republican Yea
Stanley Adkins Republican Yea
Trenton Barnhart Republican Yea
Tresa Howell Republican Yea
Tristan Leavitt Republican Yea
Vacant1 Republican Yea
Vernon Criss Republican Yea
Walter Hall Republican Yea
Wayne Clark Republican Yea
William Anderson Republican Yea

Official roll call →

Subjects

public-safety health-insurance
Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

Who sponsors HB 2437?
HB 2437 is sponsored by Jordan Maynor (Republican), James Robert "JB" Akers II (Republican), Vacant1 (Republican), Geno Chiarelli (Republican), Chuck Horst (Republican), David McCormick (Republican), Jonathan Kyle (Republican), Tresa Howell (Republican), Doug Smith (Republican), Scot C. Heckert (Republican), and Chris Phillips (Republican).
What is the current status of HB 2437?
This bill died with 2025 Regular Session. It reached “Passed House of Delegates” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track HB 2437?
Track HB 2437 free on One Click Politics — get push/email alerts when it moves.

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