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West VirginiaSB 1962025 Regular SessionSenateWALLET

Lauren's Law

Sponsored By: Vince Deeds (Republican)

Signed by Governor

§60A-4-401§60A-4-409§60A-4-414§60A-4-416§60A-4-419§61-11-18§62-12-2

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Bill Overview

Analyzed Economic Effects

8 provisions identified: 0 benefits, 5 costs, 3 mixed.

Drug leaders face mandatory prison terms

Beginning July 11, 2025, drug conspiracy organizers, supervisors, financiers, and managers face an added kingpin penalty at the highest quantity tier. Thresholds include 5 grams of fentanyl, 50 grams of methamphetamine, or 1 kilogram of heroin or cocaine/cocaine base. The tier also includes 100 grams of PCP or 10 grams of LSD. The mandatory sentence is 10 to 40 years, with a possible fine up to $100,000 and no probation, home confinement, or suspended sentence. Bringing drugs into West Virginia only to distribute them elsewhere is not a defense.

Drug sellers face longer fatal-delivery sentences

Beginning July 11, 2025, illegal delivery of drugs or counterfeit drugs carries prison time when their use causes death. Delivery without receiving money or anything else of value carries a fixed sentence of 3 to 15 years. Delivery for money or something else of value carries a mandatory fixed sentence of 10 to 40 years. For paid delivery, probation, home confinement, and suspended sentences are barred, and parole requires at least 10 years served. These rules also cover deaths caused by using the delivered substance with other controlled substances.

Drug users must seek overdose help

Beginning July 11, 2025, knowingly failing to seek help for a fatal overdose or serious drug reaction is a felony. This applies to someone physically present who takes part in illegal drug use or knowingly helps it. The fixed prison sentence is 2 to 10 years, with at least two years served before parole. Seeking help includes calling 911, poison control, or first responders. For an opioid overdose, it also includes giving, or arranging for someone to give, a recognized, commercially produced opioid-reversal medicine.

Long prison terms for drug transport

Beginning July 11, 2025, bringing drugs into West Virginia to deliver them or manufacture drugs carries quantity-based prison terms. The highest tier requires 15 to 30 years, without probation, home confinement, or a suspended sentence. It covers at least 1 kilogram of heroin or cocaine, including cocaine base; 100 grams of PCP; or 10 grams of LSD. It also covers at least 50 grams of methamphetamine or 5 grams of fentanyl. Listed middle amounts carry 7 to 20 years; listed lower amounts carry 5 to 20 years.

Prison penalties for fentanyl makers and dealers

Beginning July 11, 2025, illegally making or delivering Schedule II fentanyl carries 3 to 15 years in prison, a fine up to $50,000, or both. This also covers possessing fentanyl with intent to make or deliver it, alone or mixed with another substance. Knowingly or intentionally adding fentanyl to another controlled substance carries the same penalties. So does using fentanyl to make a fake or imitation controlled substance, or causing someone to do these acts.

Drug conspiracy sentences depend on amounts

Beginning July 11, 2025, willful drug conspiracies carry quantity-based sentences when at least one participant acts to advance the plan. The highest tier requires 5 to 30 years without probation, home confinement, or sentence suspension; other listed tiers carry 3 to 20 or 2 to 15 years. Highest-tier thresholds are 1 kilogram of heroin or cocaine/cocaine base, 100 grams of PCP, 10 grams of LSD, 50 grams of methamphetamine, or 5 grams of fentanyl. A judge or jury must find the amount beyond a reasonable doubt and may count drugs handled by other participants. In transport and conspiracy cases, a detectable amount is required; mixed drugs count at full mixture weight toward the drug carrying the greater penalty, while unmixed drugs count as separate offenses.

Repeat offenders face longer prison sentences

Beginning July 11, 2025, more drug crimes qualify for repeat-offender penalties, including specified attempts and conspiracies. For a current qualifying offense, one prior prison-punishable conviction adds five years to a fixed sentence or doubles an indeterminate sentence's minimum. Two prior qualifying convictions require life imprisonment; convictions from the same event or series count as one. For that life sentence, the most recent prior offense is excluded when more than 20 years passed after release or supervision ended before the new conduct. A conviction for first- or second-degree murder or first-degree sexual assault requires life without parole after a prior conviction for any of those offenses, including substantially similar crimes elsewhere.

Sex-offense probation requires evaluation and counseling

Beginning July 11, 2025, probation for people convicted of specified sex offenses requires a physical and mental-health evaluation and diagnosis. The evaluation must include an ongoing treatment plan requiring active sexual-abuse counseling at a mental-health facility or approved program. Information shared during the evaluation generally cannot be released or used in court without the person's consent. An exception allows disclosures needed to prevent threatened harm to people, animals, or property.

Sponsors & Cosponsors

Sponsor

  • Vince Deeds

    Republican • Senate

Cosponsors

  • Jay Taylor

    Republican • Senate

  • Tom Willis

    Republican • Senate

  • Jack Woodrum

    Republican • Senate

Roll Call Votes

All Roll Calls

Yes: 164 • No: 2

Senate vote • 4/12/2025

Senate concurred in House amendments and passed bill (Roll No. 549)

Yes: 34 • No: 0

House vote • 4/11/2025

Passed House (Roll No. 502)

Yes: 98 • No: 1

Senate vote • 3/11/2025

Passed Senate (Roll No. 95)

Yes: 32 • No: 1

Actions Timeline

  1. Chapter 74, Acts, Regular Session, 2025

    8/8/2025Senate

  2. Approved by Governor 4/24/2025

    4/24/2025Senate

  3. To Governor 4/21/2025

    4/21/2025Senate

  4. House Message received

    4/12/2025Senate

  5. Senate concurred in House amendments and passed bill (Roll No. 549)

    4/12/2025Senate

  6. Communicated to House

    4/12/2025Senate

  7. Completed legislative action

    4/12/2025Senate

  8. To Governor 4/21/2025 - Senate Journal

    4/12/2025Senate

  9. To Governor 4/21/2025 - House Journal

    4/12/2025House

  10. Approved by Governor 4/24/2025 - Senate Journal

    4/12/2025Senate

  11. Approved by Governor 4/24/2025 - House Journal

    4/12/2025House

  12. On 3rd reading, Special Calendar

    4/11/2025House

  13. Read 3rd time

    4/11/2025House

  14. Passed House (Roll No. 502)

    4/11/2025House

  15. Title amendment adopted (Voice vote)

    4/11/2025House

  16. Communicated to Senate

    4/11/2025House

  17. On 2nd reading, Special Calendar

    4/10/2025House

  18. Read 2nd time

    4/10/2025House

  19. Amendment reported by the Clerk

    4/10/2025House

  20. Committee amendment adopted (Voice vote)

    4/10/2025House

  21. With amendment, do pass

    4/9/2025House

  22. Immediate consideration

    4/9/2025House

  23. Read 1st time

    4/9/2025House

  24. House received Senate message

    4/7/2025House

  25. House received Senate message

    3/12/2025House

Bill Text

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