Chapter 16A, Chapter 16A

This chapter is in honor of James William “Bill” Flanigan and Lucile Gillespie and shall be known and cited as the West Virginia Medical Cannabis Act.

(a) The following words and phrases when used in this chapter shall have the meanings given to them in this section unless the context clearly indicates otherwise: (1) "Act" means the West Virginia Medical Cannabis Act and the provisions contained in §60A-1-101 et seq. of this co…

(a) A medical cannabis program for patients suffering from serious medical conditions is established. The program shall be implemented and administered by the bureau. The bureau shall: (1) Issue permits to medical cannabis organizations to authorize them to grow, process or dispe…

(a) Notwithstanding any provision of law to the contrary, the use or possession of medical cannabis as set forth in this act is lawful within this state, subject to the following conditions: (1) Medical cannabis may only be dispensed to: (A) a patient who receives a certification…

(a) Except as provided in section two of this article, section four of article seven, article thirteen or article fourteen of this chapter, the use of medical cannabis is unlawful and shall, in addition to any other penalty provided by law, be deemed a violation of the Uniform Co…

(a) Patient information. — The bureau shall maintain a confidential list of patients and caregivers to whom it has issued identification cards. All information obtained by the bureau relating to patients, caregivers and other applicants shall be confidential and not subject to pu…

The bureau may enter into reciprocity agreements with any states that have comparable requirements for the use and lawful purchase of medical cannabis in a manner consistent with the provisions of this article to allow terminally ill cancer patients to purchase medical cannabis i…

(a) Eligibility. — A physician included in the registry is authorized to issue certifications to patients to use medical cannabis. To be eligible for inclusion in the registry: (1) A physician must apply for registration in the form and manner required by the bureau. (2) The bure…

(a) Practices prohibited. — The following shall apply with respect to practitioners: (1) A practitioner may not accept, solicit or offer any form of remuneration from or to a prospective patient, patient, prospective caregiver, caregiver or medical cannabis organization, includin…

(a) Conditions for issuance. — A certification to use medical cannabis may be issued by a practitioner to a patient if all of the following requirements are met: (1) The practitioner has been approved by the bureau for inclusion in the registry and has a valid, unexpired, unrevok…

The bureau shall develop a standard certification form, which shall be available to practitioners upon request. The form shall be available electronically. The form shall include a statement that a false statement made by a practitioner is punishable under the applicable provisio…

Receipt of medical cannabis by a patient or caregiver from a dispensary may not exceed a 30-day supply of individual doses. During the last seven days of any 30-day period during the term of the identification card, a patient may obtain and possess a 30-day supply for the subsequ…

(a) Issuance. — The bureau may issue an identification card to a patient who has a certification approved by the bureau and to a caregiver designated by the patient. An identification card issued to a patient shall authorize the patient to obtain and use medical cannabis as autho…

The following prohibitions shall apply: (1) A patient may not operate or be in physical control of any of the following while under the influence with a blood content of more than three nanograms of active tetrahydrocannabis per milliliter of blood in serum: (A) Chemicals which r…

(a) Requirements. — (1) If the patient designates a caregiver, the application shall include the name, address and date of birth of the caregiver, and other individual identifying information required by the bureau and the following: (A) Federal and state criminal history record …

An application for an identification card shall include notice that a false statement made in the application is punishable under the applicable provisions of law.

The bureau shall verify the information in a patient or caregiver’s application and on any renewal form.

The following apply: (1) If the practitioner states in the certification that, in the practitioner’s professional opinion, the patient would benefit from medical cannabis only until a specified earlier date, then the identification card shall expire on that date. (2) If the certi…

If a patient is under eighteen years of age, the following shall apply: (1) The patient shall have a caregiver. (2) A caregiver must be one of the following: (A) A parent or legal guardian of the patient. (B) An individual designated by a parent or legal guardian. (C) An appropri…

(a) Age. — An individual who is under twenty-one years of age may not be a caregiver unless a sufficient showing, as determined by the bureau, is made to the bureau that the individual should be permitted to serve as a caregiver. (b) Changing caregiver. — If a patient wishes to c…

An identification card shall contain the following: (1) The name of the caregiver or the patient, as appropriate. The identification card shall also state whether the individual is designated as a patient or as a caregiver. (2) The date of issuance and expiration date. (3) An ide…

If a patient or caregiver intentionally, knowingly or recklessly violates any provision of this act as determined by the bureau, the identification card of the patient or caregiver may be suspended or revoked. The suspension or revocation shall be in addition to any criminal or o…

The following entities shall be authorized to receive a permit to operate as a medical cannabis organization to grow, process or dispense medical cannabis: (1) Growers. (2) Processors. (3) Dispensaries.

(a) Renewal. — An application for renewal shall include the following information: (1) Any material change in the information provided by the medical cannabis organization in a prior application or renewal of a permit. (2) Any charge or initiated, pending or concluded investigati…

The bureau may suspend or revoke a medical cannabis organization permit if: (1) The bureau has evidence that the medical cannabis organization has failed to maintain effective control against diversion of medical cannabis. (2) The organization violates any provision of this act o…

(a) The following individuals may not hold volunteer positions or positions with remuneration in or be affiliated with a medical cannabis organization, including a clinical registrant under article fourteen of this chapter, in any way if the individual has been convicted of any f…

(a) The following limitations apply to approval of permits for growers, processors, and dispensaries, subject to the limitations in subsection (b) of this section: (1) The bureau may not issue permits to more than 10 growers: Provided, That each grower may have up to two location…

(a) Application. — An application for a grower, processor or dispensary permit to grow, process or dispense medical cannabis shall be in a form and manner prescribed by the bureau and shall include: (1) Verification of all principals, operators, financial backers or employees of …

(a) The bureau may grant or deny a permit to a grower, processor, or dispensary. In making a decision under this subsection, the bureau shall determine that: (1) The applicant will maintain effective control of and prevent diversion of medical cannabis. (2) The applicant will com…

When the boundaries under subsection (d), section three of this article are established, the bureau shall publish notice of the determination in the State Register. The bureau may adjust the boundaries as necessary every two years. Notice of any adjustment to the boundaries shall…

(a) Duty to report. — An applicant to be a grower/processor or to operate a dispensary is under a continuing duty to: (1) Report to the bureau any change in facts or circumstances reflected in the application or any newly discovered or occurring fact or circumstance which is requ…

The following apply: (1) For a grower or processor: (A) An initial application fee in the amount of $5,000 shall be paid. The fee is nonrefundable. (B) A fee for a permit as a grower/processor in the amount of $50,000 shall be paid. The permit shall be valid for one year. Applica…

A permit issued by the bureau to a medical cannabis organization shall be effective only for that organization and shall specify the following: (1) The name and address of the medical cannabis organization. (2) The activities of the medical cannabis organization permitted under t…

The bureau may approve an application from a medical cannabis organization to relocate within this state or to add or delete activities or facilities.

A permit issued by the bureau shall be valid for one year from the date of issuance.

(a) Requirement. — A medical cannabis organization must implement an electronic inventory tracking system which shall be directly accessible to the bureau through its electronic database that electronically tracks all medical cannabis on a daily basis. The system shall include tr…

(a) Authorization. — Subject to subsection (b), a grower or processor may do all of the following in accordance with bureau rules: (1) Obtain seed from outside this state to initially grow medical cannabis. (2) Obtain seed and plant material from another grower/processor within t…

The bureau shall develop rules relating to the storage and transportation of medical cannabis among grower/processors, testing laboratories and dispensaries which ensure adequate security to guard against in-transit losses. The tracking system developed by the bureau shall includ…

(a) A grower and processor shall contract with an independent laboratory to test the medical cannabis produced by the grower or processor. The bureau shall approve the laboratory and require that the laboratory report testing results in a manner as the bureau shall determine, inc…

The bureau and the Department of Revenue shall monitor the price of medical cannabis sold by growers, processors and by dispensaries, including a per-dose price. If the bureau and the Department of Revenue determine that the prices are unreasonable or excessive, the bureau may im…

A county may pass an ordinance by vote of the residents of the county to prohibit the operation or location of a medical cannabis organization within that particular county. A prohibition under this section shall remain in effect unless and until changed by a subsequent vote.

(a) General rule. — A dispensary that has been issued a permit under §16A-6-1 et seq. of this code may lawfully dispense medical cannabis to a patient or caregiver upon presentation to the dispensary of a valid identification card for that patient or caregiver. The dispensary sha…

(a) General rule. — (1) A dispensary may only dispense medical cannabis in an indoor, enclosed, secure facility located within this state, as determined by the bureau. (2) A dispensary may not operate on the same site as a facility used for growing and processing medical cannabis…

A dispensary shall post a copy of its permit in a location within its facility in a manner that is easily observable by patients, caregivers, law enforcement officers and agents of the bureau.

(a) Tax imposed. — For the privilege of engaging or continuing within this state in the business of a dispensary of medical cannabis, as defined in §16A-2-1 of this code, there is hereby levied upon and collected from every person exercising the privilege a privilege tax. (b) Rat…

(a) Fund established. — The Medical Cannabis Program Fund is established as a special fund in the State Treasury. Money in the fund is appropriated as set forth in subsection (c) of this section. Any amount unspent at the end of a fiscal year shall be appropriated to the bureau f…

Notwithstanding any provision in §11-9-1 et seq. of this code to the contrary, each and every provision of the West Virginia Tax Crimes and Penalties Act set forth in §11-9-1 et seq. of this code shall apply to the tax imposed by §16A-9-1 et seq. of this code with like effect as …

Notwithstanding any provision of §11-10-1 et seq. of this code or any other provision of this code to the contrary, each and every provision of the West Virginia Tax Procedure and Administration Act set forth in §11-10-1 et seq. of this code shall apply to the tax imposed by §16A…

The Commissioner of the Bureau for Public Health may establish and create an Office of Medical Cannabis within the bureau to assist in the administration and enforcement of the provisions of this act.

A medical cannabis organization shall periodically file reports related to its activities. The bureau shall determine the information required in and the frequency of filing the reports.