New Law Helps to Prosecute Clandestine Lab Operators

SOUTH CHARLESTON – With the popularity of clandestine laboratories (methamphetamine labs) on the rise and the hazards that are faced as a result of the laboratories, the West Virginia Legislature enacted a new law that will greatly assist law enforcement in the prosecution of the operators. The law went into effect on July 1, 2003.

According to WV Code §60A-4-411 (Senate Bill Number 354), any person who operates or attempts to operate a clandestine drug laboratory is guilty of a felony. If convicted, the person(s) faces not less than two and no more than ten years in a state correctional facility and can be fined not less than $2,000 or more than $25,000 or both. The person(s) must also pay the costs of any clean up associated with the clandestine laboratory.

“The new law is a great weapon in our arsenal when prosecuting clandestine lab operators,” said Colonel Howard E. Hill, Jr., Superintendent of the West Virginia State Police. “The law proves that the Legislature, prosecutors and law enforcement are very serious when it comes to dealing with the operators of these labs. Clandestine labs are an epidemic that will continue to grow unless the violators are severely punished for their actions. This law is welcomed and will be strictly enforced by the State Police.”

The code citation defines a “clandestine laboratory” as – any property on or in which a person assembles any chemicals or equipment or combination thereof for the purpose of manufacturing methamphetamine, methylenedioxymethamphetamine, or lysergic acid diethylamide.

Last year police dismantled over 100 labs and over the past six months, the West Virginia State Police Bureau of Criminal Investigation (BCI) in Charleston has investigated close to 30 labs. These are in addition to labs investigated by other agencies. The trend began in Wood County and has been rapidly moving east across the state.

The State Police encourages any person who might know of or suspect that a clandestine laboratory is in operation to call our BCI office at 304-558-2600.

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