WV HB5599

Possession of fentanyl would become a felony offense punishable by 1-15 years in state prison and/or a fine up to $25,000

Manufacturing, delivering, or possessing with intent to deliver fentanyl carries enhanced penalties of 3-15 years imprisonment and/or fines up to $50,000

Adulterating other controlled substances with fentanyl, or creating counterfeit/imitation substances using fentanyl, is a felony with 3-15 years imprisonment and/or up to $50,000 fine

Current law treats simple possession of controlled substances as a misdemeanor with 90 days to 6 months in jail and/or up to $1,000 fine; this bill creates a fentanyl-specific exception

Introduced February 16, 2026, by Delegate Eldridge and referred to the House Judiciary Committee