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WV Code § 16A-6-13 (2021)
2021 West Virginia Code|Chapter 16A. Medical Cannabis Act|Article 6. Medical Cannabis Organizations|§16A-6-13. Limitations on Permits

(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 locations per permit.(2) The bureau may not issue permits to more than 10 processors.(3) The bureau may not issue permits to more than 100 dispensaries. (4) The bureau may not issue more than 10 individual dispensary permits to one person.(5) The bureau may not issue more than one individual grower permit to one person.(6) The bureau may not issue more than one individual processor permit to one person.(7) A dispensary may only obtain medical cannabis from a grower or processor holding a valid permit under this act.(8) A grower or processor may only provide medical cannabis to a dispensary holding a valid permit under this act.(9) A person may hold a grower permit, a processor permit, and a dispensary permit, or any combination thereof, concurrently.(b) Before a permit may be issued, the bureau shall obtain the following: (1) A written approval from the board of health for the county in which the permit is to be located and operate business.(2) A written statement from the county commission for the county in which the permit is to be located and conduct business that the county has not voted, pursuant to §16A-7-6 of this code, to disapprove a medical cannabis organization to be located or operate within the county.
WV Code § 16A-7-1 (2021)
2021 West Virginia Code|Chapter 16A. Medical Cannabis Act|Article 7. Medical Cannabis Controls|§16A-7-1. Electronic Tracking

(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 tracking of all of the following:(1) For a grower or processor, a seed-to-sale tracking system that tracks the medical cannabis from seed to plant until the medical cannabis is sold to a dispensary.(2) For a dispensary, medical cannabis from purchase from the grower/processor to sale to a patient or caregiver and that includes information that verifies the validity of an identification card presented by the patient or caregiver.(3) For a medical cannabis organization, a daily log of each day’s beginning inventory, acquisitions, amounts purchased and sold, disbursements, disposals and ending inventory. The tracking system shall include prices paid and amounts collected from patients and caregivers.(4) For a medical cannabis organization, a system for recall of defective medical cannabis.(5) For a medical cannabis organization, a system to track the plant waste resulting from the growth of medical cannabis or other disposal, including the name and address of any disposal service.(b) Additional requirements. — In addition to the information under subsection (a) of this section, each medical cannabis organization shall track the following:(1) Security and surveillance.(2) Recordkeeping and record retention.(3) The acquisition, possession, growing and processing of medical cannabis.(4) Delivery and transportation, including amounts and method of delivery.(5) Dispensing, including amounts, pricing and amounts collected from patients and caregivers.(c) Access. — (1) Information maintained in electronic tracking systems under subsection (a) of this section shall be confidential and not subject to public disclosure under chapter twenty-nine-b of this code.(2) Pursuant to conditions and procedures established by the bureau, law enforcement shall be provided access to the tracking system.(d) Reports. — Within one year of the issuance of the first permit to a medical cannabis organization, and every three months thereafter in a form and manner prescribed by the bureau, the following information shall be provided to the bureau, which shall compile the information and post it on the bureau’s publicly accessible Internet website:(1) The amount of medical cannabis sold by a grower and a processor during each three-month period.(2) The price of amounts of medical cannabis sold by growers and processors as determined by the bureau.(3) The amount of medical cannabis purchased by each dispensary in this state.(4) The cost of amounts of medical cannabis to each dispensary in amounts as determined by the bureau.(5) The total amount and dollar value of medical cannabis sold by each dispensary in the three-month period.
WV Code § 16A-7-2 (2021)
2021 West Virginia Code|Chapter 16A. Medical Cannabis Act|Article 7. Medical Cannabis Controls|§16A-7-2. Grower/processors

(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 this state to grow medical cannabis.(b) Limitations. — A grower or processor may only grow, store, harvest or process medical cannabis in an indoor, enclosed, secure facility which:(1) Includes electronic locking systems, electronic surveillance and other features required by the bureau; and(2) Is located within this state.
WV Code § 16A-7-3 (2021)
2021 West Virginia Code|Chapter 16A. Medical Cannabis Act|Article 7. Medical Cannabis Controls|§16A-7-3. Storage and Transportation

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 include all transportation and storage of medical cannabis. The rules shall provide for the following:(1) Requirements relating to shipping containers and packaging.(2) The manner in which trucks, vans, trailers or other carriers will be secured.(3) Security systems that include a numbered seal on the trailer.(4) Obtaining copies of drivers’ licenses and registrations and other information related to security and tracking.(5) Use of GPS systems.(6) Number of drivers or other security required to ensure against storage or in-transit losses.(7) Recordkeeping for delivery and receipt of medical cannabis products.(8) Requirements to utilize any electronic tracking system required by the bureau.(9) Transporting medical cannabis to a grower/processor, approved laboratory or dispensary.
WV Code § 16A-7-4 (2021)
2021 West Virginia Code|Chapter 16A. Medical Cannabis Act|Article 7. Medical Cannabis Controls|§16A-7-4. Laboratory

(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, including requiring a test at harvest and a test at final processing. The possession by a laboratory of medical cannabis shall be a lawful use.(b) All medical cannabis produced pursuant to this chapter shall be subject to testing as directed by the bureau.(c) The bureau shall ensure that there is sufficient testing capacity to meet patient demand.(d) All laboratories providing testing pursuant to this section shall be certified to do so by the Office of Laboratory Services.
WV Code § 16A-7-5 (2021)
2021 West Virginia Code|Chapter 16A. Medical Cannabis Act|Article 7. Medical Cannabis Controls|§16A-7-5. Prices

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 implement a cap on the price of medical cannabis being sold for a period of six months. The cap may be amended during the six-month period. If the bureau and the Department of Revenue determine that the prices become unreasonable or excessive following the expiration of a six-month cap, additional caps may be imposed for periods not to exceed six months.
WV Code § 16A-7-6 (2021)
2021 West Virginia Code|Chapter 16A. Medical Cannabis Act|Article 7. Medical Cannabis Controls|§16A-7-6. County Prohibition

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.
WV Code § 16A-8-2 (2021)
2021 West Virginia Code|Chapter 16A. Medical Cannabis Act|Article 8. Dispensaries|§16A-8-2. Facility Requirements

(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.(3) A dispensary may not be located within one thousand feet of the property line of a public, private or parochial school or a daycare center.(4) A dispensary may, pursuant to bureau conditions and limitations, sell medical devices and instruments which are needed to administer medical cannabis under this act.(b) Adjustment or waiver of prohibition. — The bureau may amend a prohibition under subsection (a)(3) of this section if it is shown by clear and convincing evidence that the amendment is necessary to provide adequate access to patients. An amendment may include additional security, physical plant of a facility or other conditions necessary to protect children.
WV Code § 16A-8-3 (2021)
2021 West Virginia Code|Chapter 16A. Medical Cannabis Act|Article 8. Dispensaries|§16A-8-3. Posting

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.
WV Code § 16A-9-2 (2021)
2021 West Virginia Code|Chapter 16A. Medical Cannabis Act|Article 9. Tax on Medical Cannabis|§16A-9-2. Medical Cannabis Program Fund

(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 for its operations.(b) Source of funds. — Fees and taxes payable under this act shall be deposited into the fund. The money deposited into the fund may only be used for the purposes set forth in this section. Any interest accrued shall be deposited into the fund.(c) Use of proceeds. — Money in the fund is allocated in accordance with the following percentages:(1) Fifty-five percent of the revenue in the fund shall be allocated to the bureau. (2) The remaining forty-five percent of the revenue in the fund shall be allocated as follows: (A) Fifty percent shall be allocated to the Fight Substance Abuse Fund created by section eight, article nine, chapter sixty-a of the code.(B) Forty percent shall be allocated to the Division of Justice and Community Services, for grants to local law enforcement agencies for training, drug diversion, and other programs focused on crime and addiction, pursuant to and in accordance with the provisions of article nine-a, chapter fifteen of this code.(C) Ten percent shall be allocated to the fund created in section four, article twenty-nine, chapter thirty, to be used for law enforcement professional training and professional development programs.
WV Code § 16A-9-3 (2021)
2021 West Virginia Code|Chapter 16A. Medical Cannabis Act|Article 9. Tax on Medical Cannabis|§16A-9-3. Tax on Medical Cannabis Crimes and Penalties

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 if said act were applicable only to the tax imposed by §16A-9-1 et seq. of this code and were set forth in extenso in §16A-9-1 et seq. of this code.
WV Code § 16A-9-4 (2021)
2021 West Virginia Code|Chapter 16A. Medical Cannabis Act|Article 9. Tax on Medical Cannabis|§16A-9-4. Procedure and Administration of the Tax on Medical Cannabis

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-9-1 et seq. with like effect as if the said West Virginia Tax Procedure and Administration Act were applicable only to the tax imposed by §16A-9-1 et seq. of this code and were set forth in extenso in §16A-9-1 et seq. of this code.
WV Code § 16A-10-1 (2021)
2021 West Virginia Code|Chapter 16A. Medical Cannabis Act|Article 10. Administration|§16A-10-1. Administration

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.
WV Code § 16A-10-2 (2021)
2021 West Virginia Code|Chapter 16A. Medical Cannabis Act|Article 10. Administration|§16A-10-2. Reports by Medical Cannabis Organizations

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.
WV Code § 16A-10-3 (2021)
2021 West Virginia Code|Chapter 16A. Medical Cannabis Act|Article 10. Administration|§16A-10-3. Law-Enforcement Notification

Notwithstanding any provision of this act or any other law to the contrary, the bureau may notify any appropriate law-enforcement agency of information relating to any violation or suspected violation of this act. In addition, the bureau shall verify to law-enforcement personnel in an appropriate case whether a certification, permit, registration or an identification card is valid, including release of the name of the patient.
WV Code § 16A-10-4 (2021)
2021 West Virginia Code|Chapter 16A. Medical Cannabis Act|Article 10. Administration|§16A-10-4. Evaluation

The bureau may provide for an analysis and evaluation of the implementation and effectiveness of this act. The bureau may enter into agreements with one or more persons for the performance of an evaluation of the implementation and effectiveness of this act.
WV Code § 16A-10-5 (2021)
2021 West Virginia Code|Chapter 16A. Medical Cannabis Act|Article 10. Administration|§16A-10-5. Report

(a) Report required. — The bureau shall submit a written report under subsection (b) of this section every two years, beginning two years after the effective date of this section, to the following:(1) The Governor.(2) The Joint Committee on Government and Finance.(3) The Attorney General of the State.(b) Contents of report. — The following information shall be included in the report:(1) An assessment of the use of medical cannabis as a result of the enactment of this act.(2) An assessment of the benefits and risks to patients using medical cannabis under this act, including adverse events.(3) Recommendations for amendments to this act for reasons of patient safety or to aid the general welfare of the citizens of this state.
WV Code § 16A-10-6 (2021)
2021 West Virginia Code|Chapter 16A. Medical Cannabis Act|Article 10. Administration|§16A-10-6. Emergency Rules

(a) Promulgation. — In order to facilitate the prompt implementation of this act, the bureau may promulgate emergency rules that shall expire not later than two years following the publication of the emergency rule. (b) Expiration. — The bureaus authority to adopt emergency rules under subsection (a) of this section shall expire July 1, 2021. Rules adopted after this period shall be promulgated as provided by law.(c) Publication. — The bureau shall begin publishing emergency rules in the State Register no later than six months after the effective date of this section.
WV Code § 16A-11-2 (2021)
2021 West Virginia Code|Chapter 16A. Medical Cannabis Act|Article 11. Medical Cannabis Advisory Board|§16A-11-2. Rules Based on Recommendations of Advisory Board

After receiving the report of the advisory board, at the discretion of the commissioner, the bureau may propose rules for legislative promulgation pursuant to the provisions of article three, chapter twenty-nine-a of this code to effectuate recommendations made by the advisory board. The commissioner shall issue notice in the State Register within twelve months of the receipt of the report of the advisory board. The notice shall include the recommendations of the advisory board and shall state the specific reasons for the decision of the commissioner on whether or not to effectuate each recommendation.
WV Code § 16A-12-1 (2021)
2021 West Virginia Code|Chapter 16A. Medical Cannabis Act|Article 12. Offenses Related to Medical Cannabis|§16A-12-1. Criminal Diversion of Medical Cannabis by Practitioners

In addition to any other penalty provided by law, a practitioner who intentionally and knowingly certifies a person as being able to lawfully receive medical cannabis or who otherwise provides medical cannabis to a person who is not lawfully permitted to receive medical cannabis, is guilty of a felony, and upon conviction thereof, shall be imprisoned in a state correctional facility for not less than one nor more than five years.
WV Code § 16A-12-2 (2021)
2021 West Virginia Code|Chapter 16A. Medical Cannabis Act|Article 12. Offenses Related to Medical Cannabis|§16A-12-2. Criminal Diversion of Medical Cannabis

(a) In addition to any other penalty provided by law, any employee, financial backer, operator or principal of any qualifying entities who intentionally and knowingly sells, dispenses, trades, delivers or otherwise provides medical cannabis to a person who is not lawfully permitted to receive medical cannabis, is guilty of a felony, and upon conviction thereof, shall be imprisoned in a state correctional facility for not less than one nor more than five years.(b) For purposes of this section, “qualifying entity” shall mean: (1) A medical cannabis organization.(2) A health care medical cannabis organization or university participating in a research study under article thirteen of this chapter.(3) A clinical registrant or academic clinical research center under article fourteen of this chapter.(4) A laboratory utilized to test medical cannabis under section four, article seven of this chapter.
WV Code § 16A-12-3 (2021)
2021 West Virginia Code|Chapter 16A. Medical Cannabis Act|Article 12. Offenses Related to Medical Cannabis|§16A-12-3. Criminal Retention of Medical Cannabis

In addition to any other penalty provided by law, any patient or caregiver who intentionally and knowingly possesses, stores or maintains an amount of medical cannabis in excess of the amount legally permitted is guilty of a misdemeanor, and upon conviction thereof, shall be confined in jail for not more than six months.
WV Code § 16A-12-4 (2021)
2021 West Virginia Code|Chapter 16A. Medical Cannabis Act|Article 12. Offenses Related to Medical Cannabis|§16A-12-4. Criminal Diversion of Medical Cannabis by Patient or Caregiver

In addition to any other penalty provided by law, any patient or caregiver that intentionally and knowingly provides medical cannabis to a person who is not lawfully permitted to receive medical cannabis is guilty of a felony, and upon conviction thereof, shall be imprisoned in a state correctional facility for not less than one nor more than five years.
WV Code § 16A-12-5 (2021)
2021 West Virginia Code|Chapter 16A. Medical Cannabis Act|Article 12. Offenses Related to Medical Cannabis|§16A-12-5. Falsification of Identification Cards

In addition to any other penalty provided by law, any person who commits one of the following, knowing he or she is not privileged to hold an identification card;(1) possesses an identification card and either attempts to use the card to obtain medical cannabis or obtains medical cannabis;(2) possesses an identification card which falsely identifies the person as being lawfully entitled to receive medical cannabis and either attempts to use the card to obtain medical cannabis or obtains medical cannabis; or(3) possesses an identification card which contains any false information on the card and the person either attempts to use the card to obtain medical cannabis or obtains medical cannabis, is guilty of a misdemeanor, and upon conviction thereof, shall be confined in jail for not more than twelve months.
WV Code § 16A-12-6 (2021)
2021 West Virginia Code|Chapter 16A. Medical Cannabis Act|Article 12. Offenses Related to Medical Cannabis|§16A-12-6. Adulteration of Medical Cannabis

In addition to any other penalty provided by law, any person who adulterates, fortifies, contaminates or changes the character or purity of medical cannabis from that set forth on the patient’s or caregiver’s identification card, is guilty of a felony, and upon conviction thereof, shall be imprisoned in a state correctional facility for not less than one nor more than five years.
WV Code § 16A-12-7 (2021)
2021 West Virginia Code|Chapter 16A. Medical Cannabis Act|Article 12. Offenses Related to Medical Cannabis|§16A-12-7. Disclosure of Information Prohibited

(a) In addition to any other penalty provided by law, any employee, financial backer, operator or principal who discloses, except to authorized persons for official governmental or health care purposes, any information related to the use of medical cannabis:(1) A medical cannabis organization.(2) A health care medical cannabis organization or university participating in a research study under article thirteen of this chapter.(3) A clinical registrant or academic clinical research center under article fourteen of this chapter.(4) An employee of the bureau.(b) Exception. — Subsection (a) of this section shall not apply where disclosure is permitted or required by law or by court order.
WV Code § 16A-12-9 (2021)
2021 West Virginia Code|Chapter 16A. Medical Cannabis Act|Article 12. Offenses Related to Medical Cannabis|§16A-12-9. Other Restrictions

This act does not permit any person to engage in and does not prevent the imposition of any civil, criminal or other penalty for the following:(1) Undertaking any task under the influence of medical cannabis when doing so would constitute negligence, professional malpractice or professional misconduct.(2) Possessing or using medical cannabis in a state correctional facility or Regional Jail Authority facility, including a facility owned or operated or under contract with the Bureau of Corrections or the Regional Jail Authority, which houses inmates serving a portion of their sentences on parole or other community correction program. (3) Possessing or using medical cannabis in a youth detention center or other facility which houses children adjudicated delinquent, including the separate, secure state-owned facility or unit utilized for sexually violent delinquent children.
WV Code § 16A-13-1 (2021)
2021 West Virginia Code|Chapter 16A. Medical Cannabis Act|Article 13. Research Program|§16A-13-1. Definitions

(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) “Health care medical cannabis organization”. A vertically integrated health system approved by the bureau to dispense medical cannabis or grow and process medical cannabis, or both, in accordance with a research study under this chapter.(2) “Vertically integrated health system”. A health delivery system in which the complete spectrum of care, including primary and specialty care, hospitalization and pharmaceutical care, is provided within a single organization.