W. Va. Code § 60A-2-211

Schedule V criteria.

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

  1. (1) The substance has a low potential for abuse relative to the controlled substances listed in Schedule IV;
  2. (2) The substance has currently accepted medical use in treatment in the United States; and
  3. (3) The substance has limited physical dependence or psychological dependence liability relative to the controlled substances listed in Schedule IV.
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