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WV Code § 16A-4-1 (2021)
2021 West Virginia Code|Chapter 16A. Medical Cannabis Act|Article 4. Practitioners|§16A-4-1. Registration

(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 bureau must determine that the physician is, by training or experience, qualified to treat a serious medical condition. The physician shall provide documentation of credentials, training or experience as required by the bureau.(3) The physician must have successfully completed the course under subsection (a), section one, article three of this chapter. (b) Bureau action. —(1) The bureau shall review an application submitted by a physician to determine whether to include the physician in the registry. The review shall include information regarding whether the physician has a valid, unexpired, unrevoked, unsuspended license to practice medicine in this state and whether the physician has been subject to discipline.(2) The inclusion of a physician in the registry shall be subject to annual review to determine if the physician’s license is no longer valid, has expired or been revoked or the physician has been subject to discipline. If the license is no longer valid, the bureau shall remove the physician from the registry until the physician holds a valid, unexpired, unrevoked, unsuspended state license to practice medicine in West Virginia.(3) The West Virginia Board of Medicine and West Virginia Board of Osteopathic Medicine shall report to the bureau the expiration, suspension or revocation of a physician’s license and any disciplinary actions in a timely fashion.(c) Practitioner requirements. — A practitioner included in the registry shall have an ongoing responsibility to immediately notify the bureau in writing if the practitioner knows or has reason to know that any of the following is true with respect to a patient for whom the practitioner has issued a certification:(1) The patient no longer has the serious medical condition for which the certification was issued.(2) Medical cannabis would no longer be therapeutic or palliative.(3) The patient has died.
WV Code § 16A-4-2 (2021)
2021 West Virginia Code|Chapter 16A. Medical Cannabis Act|Article 4. Practitioners|§16A-4-2. Practitioner Restrictions

(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, including an employee, financial backer or principal, to certify a patient, other than accepting a fee for service with respect to the examination of the prospective patient to determine if the prospective patient should be issued a certification to use medical cannabis.(2) A practitioner may not hold a direct or economic interest in a medical cannabis organization.(3) A practitioner may not advertise the practitioner’s services as a practitioner who can certify a patient to receive medical cannabis.(b) Unprofessional conduct. — A practitioner who violates subsection (a) of this section shall not be permitted to issue certifications to patients and shall be removed from the registry.(c) Discipline. — In addition to any other penalty that may be imposed under this act, a violation of subsection (a) of this section or subsection (f), section three of this article shall be deemed unprofessional conduct under the West Virginia Medical Practice Act, and shall subject the practitioner to discipline by the West Virginia Board of Medicine and West Virginia Board of Osteopathic Medicine, as appropriate.
WV Code § 16A-4-4 (2021)
2021 West Virginia Code|Chapter 16A. Medical Cannabis Act|Article 4. Practitioners|§16A-4-4. Certification Form

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 provisions of law.
WV Code § 16A-4-5 (2021)
2021 West Virginia Code|Chapter 16A. Medical Cannabis Act|Article 4. Practitioners|§16A-4-5. Duration

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 subsequent 30-day period. Additional 30-day supplies may be provided in accordance with this section for the duration of the authorized period of the identification card unless a shorter period is indicated on the certification.
WV Code § 16A-5-2 (2021)
2021 West Virginia Code|Chapter 16A. Medical Cannabis Act|Article 5. Patients|§16A-5-2. Caregivers

(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 information as set forth in subsection (b) of this section.(B) If the caregiver has an identification card for the caregiver or another patient, the expiration date of the identification card.(C) Other information required by the bureau.(2) The application shall be accompanied by a fee of $50. The bureau may waive or reduce the fee in cases of demonstrated financial hardship.(3) The bureau may require additional information for the application.(4) The application shall be signed and dated by the applicant.(b) Criminal history. — A caregiver shall submit fingerprints for the purpose of obtaining criminal history record checks, and the West Virginia State Police or its authorized agent shall submit the fingerprints to the Federal Bureau of Investigation for the purpose of verifying the identity of the applicant and obtaining a current record of any criminal arrests and convictions. Any criminal history record information relating to a caregiver obtained under this section by the bureau may be interpreted and used by the bureau only to determine the applicant’s character, fitness and suitability to serve as a caregiver under this act. The bureau shall also review the prescription drug monitoring program relating to the caregiver. The bureau shall deny the application of a caregiver who has been convicted of a criminal offense that occurred within the past five years relating to the felony sale or possession of drugs, narcotics or controlled substances, or conspiracy thereof. The bureau may deny an application if the applicant has a history of drug abuse or of diverting controlled substances or illegal drugs.
WV Code § 16A-5-3 (2021)
2021 West Virginia Code|Chapter 16A. Medical Cannabis Act|Article 5. Patients|§16A-5-3. Notice

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.
WV Code § 16A-5-4 (2021)
2021 West Virginia Code|Chapter 16A. Medical Cannabis Act|Article 5. Patients|§16A-5-4. Verification

The bureau shall verify the information in a patient or caregiver’s application and on any renewal form.
WV Code § 16A-5-5 (2021)
2021 West Virginia Code|Chapter 16A. Medical Cannabis Act|Article 5. Patients|§16A-5-5. Special Conditions

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 certification so provides, the identification card shall state any requirement or limitation by the practitioner as to the form of medical cannabis for the patient.
WV Code § 16A-5-6 (2021)
2021 West Virginia Code|Chapter 16A. Medical Cannabis Act|Article 5. Patients|§16A-5-6. Minors

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 appropriate individual approved by the bureau upon a sufficient showing that no parent or legal guardian is appropriate or available.
WV Code § 16A-5-7 (2021)
2021 West Virginia Code|Chapter 16A. Medical Cannabis Act|Article 5. Patients|§16A-5-7. Caregiver Authorization and Limitations

(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 change or terminate the designation of the patient’s caregiver, for whatever reason, the patient shall notify the bureau as soon as practicable. The bureau shall issue a notification to the caregiver that the caregiver’s identification card is invalid and must be promptly returned to the bureau.(c) Denial in part. — If an application of a patient designates an individual as a caregiver who is not authorized to be a caregiver, that portion of the application shall be denied by the bureau. The bureau shall review the balance of the application and may approve that portion of it.
WV Code § 16A-5-8 (2021)
2021 West Virginia Code|Chapter 16A. Medical Cannabis Act|Article 5. Patients|§16A-5-8. Contents of Identification Card

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 identification number for the patient or caregiver, as appropriate.(4) A photograph of the individual to whom the identification card is being issued, whether the individual is a patient or a caregiver. The method of obtaining the photograph shall be specified by the bureau by rule. The bureau shall provide reasonable accommodation for a patient who is confined to the patient’s home or is in inpatient care.(5) Any requirement or limitation set by the practitioner as to the form of medical cannabis.(6) Any other requirements determined by the bureau, except the bureau may not require that an identification card disclose the patient’s serious medical condition.
WV Code § 16A-5-9 (2021)
2021 West Virginia Code|Chapter 16A. Medical Cannabis Act|Article 5. Patients|§16A-5-9. Suspension

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 other penalty that may apply.
WV Code § 16A-5-10 (2021)
2021 West Virginia Code|Chapter 16A. Medical Cannabis Act|Article 5. Patients|§16A-5-10. Prohibitions

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 require a permit issued by the Federal Government or a state government or an agency of the Federal Government or a state government.(B) High-voltage electricity or any other public utility.(C) Vehicle, aircraft, train, boat or heavy machinery.(2) A patient may not perform any employment duties at heights or in confined spaces, including, but not limited to, mining while under the influence of medical cannabis.(3) A patient may be prohibited by an employer from performing any task which the employer deems life-threatening, to either the employee or any of the employees of the employer, while under the influence of medical cannabis. The prohibition shall not be deemed an adverse employment decision even if the prohibition results in financial harm for the patient.(4) A patient may be prohibited by an employer from performing any duty which could result in a public health or safety risk while under the influence of medical cannabis. The prohibition shall not be deemed an adverse employment decision even if the prohibition results in financial harm for the patient.
WV Code § 16A-6-1 (2021)
2021 West Virginia Code|Chapter 16A. Medical Cannabis Act|Article 6. Medical Cannabis Organizations|§16A-6-1. Authorized Medical Cannabis Organizations

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.
WV Code § 16A-6-3 (2021)
2021 West Virginia Code|Chapter 16A. Medical Cannabis Act|Article 6. Medical Cannabis Organizations|§16A-6-3. Granting of Permit

(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 comply with all applicable laws of this state.(3) The applicant is a resident of this state as defined in 29-22B-327 of this code or is organized under the law of this state. If the applicant is a business entity, majority ownership in the business entity must be held by a state resident or residents.(4) The applicant is ready, willing, and able to properly carry on the activity for which a permit is sought.(5) The applicant possesses the ability to obtain in an expeditious manner sufficient land, buildings, and equipment to properly grow, process, or dispense medical cannabis.(6) It is in the public interest to grant the permit.(7) The applicant, including the financial backer or principal, is of good moral character and has the financial fitness necessary to operate.(8) The applicant is able to implement and maintain security, tracking, recordkeeping, and surveillance systems relating to the acquisition, possession, growth, manufacture, sale, delivery, transportation, distribution, or the dispensing of medical cannabis as required by the bureau.(9) The applicant satisfies any other conditions as determined by the bureau.(b) Nontransferability. A permit issued under this chapter shall be nontransferable.(c) Privilege. The issuance or renewal of a permit shall be a revocable privilege.(d) Dispensary location. The bureau shall consider the following when issuing a dispensary permit:(1) Geographic location;(2) Regional population;(3) The number of patients suffering from serious medical conditions;(4) The types of serious medical conditions;(5) Access to public transportation;(6) Approval by local health departments;(7) Whether the county has disallowed the location of a grower, processor, or dispensary; and(8) Any other factor the bureau deems relevant.(e) Application procedure. The bureau shall establish a procedure for the fair and objective evaluation of all applications for all medical cannabis organization permits. Such evaluations shall score each applicant numerically according to standards set forth in this chapter.
WV Code § 16A-6-4 (2021)
2021 West Virginia Code|Chapter 16A. Medical Cannabis Act|Article 6. Medical Cannabis Organizations|§16A-6-4. Notice

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 be published in the State Register.
WV Code § 16A-6-5 (2021)
2021 West Virginia Code|Chapter 16A. Medical Cannabis Act|Article 6. Medical Cannabis Organizations|§16A-6-5. Application and Issuance

(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 required to be included in the application, including a change in control of the medical cannabis organization.(2) Report to law enforcement, within twenty-four hours, any loss or theft of medical cannabis.(3) Submit to announced or unannounced inspections by the bureau of the facilities for growing, processing, dispensing or selling medical cannabis, including all records of the organization.(b) Additional information. — If the bureau is not satisfied that the applicant should be issued a permit, the bureau shall notify the applicant in writing of the factors for which further documentation is required. Within thirty days of the receipt of the notification, the applicant may submit additional material to the bureau.
WV Code § 16A-6-6 (2021)
2021 West Virginia Code|Chapter 16A. Medical Cannabis Act|Article 6. Medical Cannabis Organizations|§16A-6-6. Fees and Other Requirements

 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. Applicants shall submit the permit fee at the time of submission of the application. The fee shall be returned if the permit is not granted.(C) A renewal fee for the permit as a grower/processor in the amount of $5,000 shall be paid and shall cover renewal for all locations. The renewal fee shall be returned if the renewal is not granted.(D) An application to renew a permit must be filed with the bureau not more than six months nor less than four months prior to expiration.(E) All fees shall be paid by certified check or money order.(2) For a dispensary:(A) An initial application fee in the amount of $2,500 shall be paid. The fee is nonrefundable.(B) A permit fee for a dispensary shall be $10,000 for each location. The period of the permit is one year. An applicant shall submit the permit fee at the time of submission of the application. The fee shall be returned if the application is not granted.(C) A renewal fee for the permit as a dispensary in the amount of $2,500 shall be paid. The fee shall be returned if the renewal is not granted and shall cover renewal for all locations.(D) An application to renew a permit must be filed with the bureau not more than six months nor less than four months prior to expiration.(E) All fees shall be paid by certified check or money order.(3) A fee of $250 shall be required when amending the application to indicate relocation within this state or the addition or deletion of approved activities by the medical cannabis organization.(4) Fees payable under this section shall be deposited into the fund.
WV Code § 16A-6-7 (2021)
2021 West Virginia Code|Chapter 16A. Medical Cannabis Act|Article 6. Medical Cannabis Organizations|§16A-6-7. Issuance

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 this act.(3) The land, buildings, facilities or location to be used by the medical cannabis organization.(4) Any other information required by the bureau.
WV Code § 16A-6-8 (2021)
2021 West Virginia Code|Chapter 16A. Medical Cannabis Act|Article 6. Medical Cannabis Organizations|§16A-6-8. Relocation

The bureau may approve an application from a medical cannabis organization to relocate within this state or to add or delete activities or facilities.
WV Code § 16A-6-9 (2021)
2021 West Virginia Code|Chapter 16A. Medical Cannabis Act|Article 6. Medical Cannabis Organizations|§16A-6-9. Terms of Permit

A permit issued by the bureau shall be valid for one year from the date of issuance.
WV Code § 16A-6-10 (2021)
2021 West Virginia Code|Chapter 16A. Medical Cannabis Act|Article 6. Medical Cannabis Organizations|§16A-6-10. Permit Renewals

(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 investigation, during the period of the permit, by any governmental or administrative agency with respect to:(A) Any incident involving the theft, loss or possible diversion of medical cannabis grown, processed or dispensed by the applicant; and(B) Compliance by the applicant with the laws of this state with respect to any substance listed under article two, chapter sixty-a of this code.(b) Approval. — The bureau shall renew a permit unless the bureau determines that:(1) The applicant is unlikely to maintain or be able to maintain effective control against diversion of medical cannabis.(2) The applicant is unlikely to comply with all laws of this state applicable to the activities in which it may engage under the permit.(c) Nonrenewal decision. — The denial or nonrenewal shall specify in detail how the applicant has not satisfied the bureau’s requirements for renewal. Within thirty days of the bureau’s decision, the applicant may submit additional material to the bureau or demand a hearing, or both. If a hearing is demanded, the bureau shall fix a date as soon as practicable.
WV Code § 16A-6-11 (2021)
2021 West Virginia Code|Chapter 16A. Medical Cannabis Act|Article 6. Medical Cannabis Organizations|§16A-6-11. Suspension or Revocation

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 or a rule of the bureau.(3) The organization has intentionally, knowingly, recklessly or negligently failed to comply with applicable laws of this State relating to medical cannabis.
WV Code § 16A-6-12 (2021)
2021 West Virginia Code|Chapter 16A. Medical Cannabis Act|Article 6. Medical Cannabis Organizations|§16A-6-12. Convictions Prohibited

(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 felony criminal offense related to the sale or possession of illegal drugs, narcotics or controlled substances, or conspiracy thereof:(1) Financial backers.(2) Principals.(3) Employees.(b) If an individual seeking to hold a volunteer position or position with remuneration in or be affiliated with a dispensary is otherwise prohibited under subsection (a) of this section, such individual may seek a waiver from the bureau in order to hold such a position with a dispensary. The allowance of the waiver, including any additional restrictions or conditions as part of the waiver, shall be in the discretion of the bureau.