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Current as of January 01, 2024 | Updated by Findlaw Staff
(a) Any person convicted of a second or subsequent offense under this chapter may be imprisoned for a term up to twice the term otherwise authorized, fined an amount up to twice that otherwise authorized, or both. When a term of imprisonment is doubled under section 406, such term of imprisonment shall not be further increased for such offense under this subsection (a), even though such term of imprisonment is for a second or subsequent offense.
(b) For purposes of this section, an offense is considered a second or subsequent offense, if, prior to his conviction of the offense, the offender has at any time been convicted under this chapter or under any statute of the United States or of any state relating to narcotic drugs, marihuana, depressant, stimulant, or hallucinogenic drugs.
(c) This section does not apply to offenses under section 401 (c).
Cite this article: FindLaw.com - West Virginia Code Chapter 60A. Uniform Controlled Substances Act § 60A-4-408. Second or subsequent offenses - last updated January 01, 2024 | https://codes.findlaw.com/wv/chapter-60a-uniform-controlled-substances-act/wv-code-sect-60a-4-408/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature before relying on it for your legal needs.
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