State v. Boatright

Linda Boatright was indicted by the January 1989 term of the Grand Jury of Roane County on four counts, all related to one incident involving Triazolam, which is classified under W. Va. Code, 60A-2-210 [1987], as a Schedule IV controlled substance. The circuit court dismissed the indictment holding that the statute was unconstitutional because the State Board of Pharmacy, which recommended an amendment to W.Va.Code, 60A-2-210 [1987], failed to follow the procedures outlined in W. Va. Code, 60A-2-201 [1985]. 1 On appeal, the State argues that the statute is constitutional because it was…