WV HB2437

Removes the "knowing that" standard for enhanced fentanyl penalties, replacing it with "when" - meaning defendants face enhanced penalties whenever fentanyl is involved, regardless of whether they knew the substance contained fentanyl

Increases penalties for manufacturing, delivering, or possessing with intent to deliver fentanyl (alone or combined with other substances) to 3-15 years imprisonment and/or fines up to $50,000, compared to 1-15 years and $25,000 for other Schedule I/II narcotics

Establishes specific felony offenses for adulterating controlled substances with fentanyl, creating counterfeit/imitation substances using fentanyl, or causing such adulteration, punishable by 3-15 years imprisonment and/or fines up to $50,000

Defines a controlled substance as "adulterated" when fentanyl has been mixed or packed with it