Corporal D.C. Moore of the West Virginia State Police initiated a traffic stop on Friday, August 4, 2023 at around 4 p.m. of a Gray Ford Focus traveling at 79 miles per hour in a 55 mph zone near Knight Lane in the Big Bend area of Calhoun County.
Upon approaching the vehicle, Cpl. Moore observed a large baggie in the drivers seat, partially tucked into the driver’s shorts. The baggie contained what appeared to the officer to be methamphetamine in white crystal form.
When questioning the operator of the vehicle, which was found to be 26 year old Zacary Winans of Parkersburg, WV. Winans eventually advised the officer that it was methamphetamine. He was then arrested for illegally possessing a controlled substance, after which the vehicle was further searched with nothing else being found. The substance field tested positive for methamphetamine and showed an amount of .85 grams.
Cpl. Moore also discovered that the vehicle inspection sticker had expired in February of 2023.
Winans was taken to the WV Central Regional Jail where he is currently being held on a $20,000 cash/property bond. He is scheduled to appear in the Magistrate Court of Calhoun County at 11:30 a.m. on August 8th, 2023.
The code and penalties for the charge Winans is facing is 60A-4-401c
Prohibited acts: penalties
(a) Except as authorized by this act, it is unlawful for any person to manufacture, deliver, or possess with intent to manufacture or deliver a controlled substance.
Any person who violates this subsection with respect to:
(i) Acontrolled substance classified in Schedule Ior II, which is a narcotic drug or which is methamphetamine, is guilty of a felony and, upon conviction thereof, may be imprisoned in a state correctional facility for not less than one year nor more than 15 years, or fined not more than $25,000, or both fined and imprisoned: Provided, That any person who violates this section knowing that the controlled substance classified in Schedule I is fentanyl, either alone or in combination with any other substance shall be fined not more than $50,000, or be imprisoned in a state correctional facility for not less than 3 nor more than 15 years, or both fined and imprisoned;
(il) Any other controlled substance classified in Schedule ,I Il, or Il is guilty of a felony and, upon conviction thereof, may be imprisoned in a state correctional facility for not less than one year nor
more than five years, or fined not more than $15,000, or both fined and imprisoned;
(iii) Asubstance classified in Schedule IV is guilty of a felony and, upon conviction thereof, may be imprisoned in a state correctional facility for not less than one year nor more than three years, or fined not more than $10,000, or both fined and imprisoned;
(iv) Asubstance 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 Vni §60A-10-1 et seq. of this code, the penalties established ni said article apply.
(b) Except as authorized by this act, it is unlawful for any person to create, deliver, or possess with intent to deliver, a counterfeit substance.
Any person who violates this subsection with respect to:
(i) Acounterfeit substance classified in Schedule Ior Il, which is a narcotic drug, ormethamphetamine, is guilty of a felony and, upon conviction thereof, may be imprisoned in a state correctional facility for not less than one year nor more than 15 years, or fined not more than $25,000, or both fined and imprisoned;
(ii) Any other counterfeit substance classified in Schedule I, lI, or I is guilty of a felony and, upon conviction thereof, may be imprisoned in a state correctional facility for not less than one year nor more than five years, or fined not more than $15,000, or both fined and imprisoned;
(ill) Acounterfeit substance classified in Schedule VI is guilty of a felony and, upon conviction thereof, may be imprisoned in a state correctional facility for not less than one year nor more than three years, or fined not more than $10,000, or both fined and imprisoned;
(iv) Acounterfeit substance classified in Schedule Vis guilty of a misdemeanor and, upon conviction thereof, may be confined in jail for not less than sixmonths 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 Vni $60A-10-1 et seq. of this code, the penalties established ni said article apply.
(c) It is unlawful for any person knowingly or intentionally to possess a controlled substance unless the substance was obtained directly from, or pursuant to, a valid prescription or order of a practitioner while acting in the course of his or her professional practice, or except as otherwise authorized by this act. 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 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; 3,4-methylenedioxypyrovalerone (MPVD) and 3,4- methylenedioxypyrovalerone and/or mephedrone as defined in §60A-1-101 (f) of this code; or less than 15 grams of marijuana, shall be disposed of under $60A-4-407 of this code.
(d) It is unlawful for any person knowingly or intentionally:
(1) To create, distribute, deliver, or possess with intent to distribute or deliver, an imitation controlled substance; or
(2) To create, possess, sell, or otherwise transfer any equipment with the intent that the equipment shall be used to apply a trademark, trade name, or other identifying mark, imprint, number, or device, or any likeness thereof, upon a counterfeit substance, an imitation controlled substance, or the container or label of a counterfeit substance or an imitation controlled substance.
(3) Any person who violates this subsection 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. Any person 18 years old or more who violates subdivision (1) of this subsection and distributes or delivers an imitation controlled substance to a minor child who is at least three years younger than that person is guilty of a felony and, upon conviction thereof, may be imprisoned in a state correctional facility for not less than one year nor more than three years, or fined not more than $10,000, or both fined and imprisoned.
(4) The provisions of subdivision (1) of this subsection shall not apply to a practitioner who administers or dispenses a placebo.
(e) It is unlawful for any person knowingly or intentionally:
(1) To adulterate another controlled substance using fentanyl as an adulterant;
(2) To create a counterfeit substance or imitation controlled substance using fentanyl; or
(3) To cause the adulteration or counterfeiting or imitation of another controlled substance using fentanyl.
(4) Any person who violates this subsection is guilty of a felony and, upon conviction thereof, shall be imprisoned in a state correctional facility for not less than three nor more than 15 years, or fined not more than $50,000, or both fined and imprisoned.
(5) For purposes of this section:
() Acontrolled substance has been adulterated fi fentanyl has been mixed or packed with it; and
(in) Counterfeit substances and imitation controlled substances are further defined in §60A-1-101 of this code.
