W. Va. Code § 60A-2-207

Schedule III criteria.

The state Board of Pharmacy shall recommend to the Legislature that a substance be placed in Schedule III if it finds that:

  1. (1) The substance has a potential for abuse less than the substances listed in Schedules I and II;
  2. (2) The substance has currently accepted medical use in treatment in the United States; and
  3. (3) Abuse of the substance may lead to moderate or low physical dependence or high psychological dependence.
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