reglab/statecodes huggingface dataset:
2023 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.
2023 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 ready, willing, and able to properly carry on the activity for which a permit is sought.
(4) The applicant possesses the ability to obtain in an expeditious manner sufficient land, buildings, and equipment to properly grow, process, or dispense medical cannabis.
(5) It is in the public interest to grant the permit.
(6) The applicant, including the financial backer or principal, is of good moral character and has the financial fitness necessary to operate.
(7) 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:
Provided
, That the bureau may require that a medical cannabis organization maintain motion activated video surveillance at a dispensary, grower or processor facility and that a medical cannabis organization retain the recordings therefrom onsite or offsite for a period not to exceed 180 days, unless otherwise required for investigative or litigation purposes.
(8) 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. The evaluations shall score each applicant numerically according to standards set forth in this chapter.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 West Virginia Code › Chapter 16A. Medical Cannabis Act › Article 13. Research Program › §16A-13-3. Medical Cannabis Research Program Administration

(a) The bureau may establish a research study for each serious medical condition. The bureau may engage universities within this state to participate in the collection, collation, analysis and conclusive findings of the research studies. The bureau shall, by rule, establish the procedure to be used by health care medical cannabis organizations with respect to:
(1) Real time inventory tracking.
(2) Real time tracking of the medical cannabis dispensed.
(3) Recall of defective medical cannabis.
(b) Request for distributions. — The bureau shall establish a form and procedure for universities selected to participate in a research study to request distributions from the fund to conduct research on medical cannabis, including administrative costs. These distributions shall also be used to pay for the cost of the medical cannabis so that it is not borne by the patient participating in the research study. The forms shall include, at a minimum, the following:
(1) The form or forms of medical cannabis to be studied.
(2) The serious medical condition to be studied.
(c) Research reports. —
(1) A vertically integrated health system shall report on the effectiveness of the use of medical cannabis for the treatment of the serious medical condition studied and all counterindications and noted side effects.
(2) The bureau shall notify the vertically integrated health system and the university participating in the research study of the data which is required to meet the United States Food and Drug Administration’s and the United States Drug Enforcement Administration’s approval for the research study.
(3) The first report, including the data required under subdivision (2), shall be submitted to the bureau and made publicly available within one hundred eighty days of the initiation of a research study for a specific serious medical condition.
(4) An annual report of the data required under subdivision (2) shall be submitted to the bureau beginning one year after the initiation of a research study for a specific serious medical condition and each year thereafter.
2023 West Virginia Code › Chapter 16A. Medical Cannabis Act › Article 13. Research Program › §16A-13-4. Approval

A vertically integrated health system located in this state may petition the bureau to participate in a research study to study a serious medical condition. Approval of the vertically integrated health system as a health care medical cannabis organization by the bureau shall authorize access within a region under subsection (d), section three, article six of this chapter to medical cannabis for all patients included in an approved research study.
2023 West Virginia Code › Chapter 16A. Medical Cannabis Act › Article 13. Research Program › §16A-13-5. Requirements

(a) Dispensing. — A health care medical cannabis organization that dispenses medical cannabis shall:
(1) Maintain licensure with the bureau.
(2) Secure the medical cannabis within the associated pharmacies of the health care medical cannabis organization in a manner and method prescribed by the bureau.
(3) Keep a daily log of the medical cannabis dispensed and the research study with which the patient and the medical cannabis are associated. Reports shall be delivered to the bureau and the university participating in the research study on a weekly basis.
(4) Report the utilization rates of those patients participating in the research of medical cannabis and treatment options.
(5) Only dispense medical cannabis received from a grower, processor or a health care medical cannabis organization that is approved to grow and process medical cannabis.
(6) Provide all patients or caregivers with the safety insert, prepared by the bureau, which includes potential dangers, recognition and correction of problematic dosage and any other information required by the bureau or which the bureau deems relevant for patient safety.
(b) Growing and processing. — A health care medical cannabis organization that grows and processes medical cannabis shall:
(1) Maintain licensure with the bureau.
(2) Only make available medical cannabis to health care medical cannabis organizations that dispense medical cannabis.
(3) Keep a daily log of medical cannabis intended for ultimate use by patients participating in a research study.
2023 West Virginia Code › Chapter 16A. Medical Cannabis Act › Article 13. Research Program › §16A-13-7. Rules

The bureau shall, by rule, establish the procedure to be used by a health care medical cannabis organization that grows and processes medical cannabis with respect to:
(1) Real time inventory tracking, including a seed-to-dispensing tracking system that tracks medical cannabis from seed or immature plant stage until the medical cannabis is provided to a patient in a research study.
(2) Security, recordkeeping, record retention and surveillance systems relating to every stage of growing and processing medical cannabis.
(3) A daily log of each day’s beginning inventory, acquisitions, disbursements, disposals and ending inventory.
(4) A system to recall defective medical cannabis.
(5) A system to track the plant waste resulting from the growth of medical cannabis.
(6) Testing of medical cannabis by an independent laboratory to test the medical cannabis produced by the health care medical cannabis organization, including requiring a test at harvest and a test at final processing.
(7) Any other procedure deemed necessary by the bureau.
2023 West Virginia Code › Chapter 16A. Medical Cannabis Act › Article 14. Academic Clinical Research Centers › §16A-14-1. Definitions

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) “Academic clinical research center” means an accredited medical school within this state that operates or partners with an acute care hospital licensed within this state.
(2) “Clinical registrant” means an entity that:
(A) Holds a permit as a grower, processor and a dispensary; and
(B) Has a contractual relationship with an academic clinical research center under which the academic clinical research center or its affiliate provides advice to the entity, regarding, among other areas, patient health and safety, medical applications and dispensing and management of controlled substances.
2023 West Virginia Code › Chapter 16A. Medical Cannabis Act › Article 14. Academic Clinical Research Centers › §16A-14-2. Clinical Registrants

Notwithstanding the limitations in section thirteen, article six of this chapter, the bureau may register up to four clinical registrants, and subject to the following:
(1) A clinical registrant must pay the fees and meet all other requirements under this act for obtaining a permit as a grower, processor and a dispensary.
(2) The clinical registrant must comply with all other requirements of this act regarding growing, processing and dispensing medical cannabis.
2023 West Virginia Code › Chapter 16A. Medical Cannabis Act › Article 14. Academic Clinical Research Centers › §16A-14-3. Research Study

Notwithstanding any provision of this act to the contrary, the bureau may, upon application, approve the dispensing of medical cannabis by a clinical registrant to the academic clinical research center for the purpose of conducting a research study. The bureau shall develop the application and standards for approval of such dispensing by the clinical registrant. The following apply to the research study:
(1) The clinical registrant shall disclose the following information to the bureau in its application:
(i) The reason for the research project, including the reason for the trial.
(ii) The strain of medical cannabis to be used and the strength of the medical cannabis to be used in the research study.
(iii) The anticipated duration of the study.
(iv) Evidence of approval of the trial by an accredited institutional review board, including any other required regulatory approvals.
(v) Other information required by the bureau, except that the bureau may not require disclosure of any information that would infringe upon the academic clinical research center’s exclusive right to intellectual property or legal obligations for patient confidentiality.
(2) The academic clinical research center shall provide its findings to the bureau within three hundred sixty-five days of the conclusion of the research study or within three hundred sixty-five days of publication of the results of the research study in a peer-reviewed medical journal, whichever is later.
(3) The bureau shall allow the exchange of medical cannabis seed between clinical registrants for the conduct of research.
2023 West Virginia Code › Chapter 16A. Medical Cannabis Act › Article 15. Miscellaneous Provisions › §16A-15-1. Conflict

The growth, processing, manufacture, acquisition, transportation, sale, dispensing, distribution, possession and consumption of medical cannabis permitted under this act shall not be deemed to be a violation of the provisions of the Uniform Controlled Substance Act under chapter sixty-a of this code. If a provision of Uniform Controlled Substance Act under chapter sixty-a relating to cannabis conflicts with a provision of this act, this act shall take precedence.
2023 West Virginia Code › Chapter 16A. Medical Cannabis Act › Article 15. Miscellaneous Provisions › §16A-15-2. Financial and Employment Interests

(a) Financial interests. — A public official, or an immediate family member thereof, shall not intentionally or knowingly hold a financial interest in a medical cannabis organization or in a holding company, affiliate, intermediary or subsidiary thereof, while the individual is a public official and for one year following termination of the individual’s status as a public official.
(b) Employment. — No public official, or an immediate family member thereof, shall be employed by a medical cannabis organization or by any holding company, affiliate, intermediary or subsidiary thereof, while the individual is a public official and for one year following termination of the individual’s status as a public official.
(c) For purposes of this section, “public official” and “immediate family” shall have the same definitions as those phrases are defined in section three, article one, chapter six-b of this code.
2023 West Virginia Code › Chapter 16A. Medical Cannabis Act › Article 15. Miscellaneous Provisions › §16A-15-4. Protections for Patients and Caregivers

(a) Licensure. — None of the following shall be subject to arrest, prosecution or penalty in any manner, or denied any right or privilege, including civil penalty or disciplinary action by a state licensing board or commission, solely for lawful use of medical cannabis or manufacture or sale or dispensing of medical cannabis, or for any other action taken in accordance with this act:
(1) A patient.
(2) A caregiver.
(3) A practitioner.
(4) A medical cannabis organization.
(5) A health care medical cannabis organization or university participating in a research study under article thirteen of this chapter.
(6) A clinical registrant or academic clinical research center under article fourteen of this chapter.
(7) An employee, principal or financial backer of a medical cannabis organization.
(8) An employee of a health care medical cannabis organization or an employee of a university participating in a research study under article thirteen of this chapter.
(9) An employee of a clinical registrant or an employee of an academic clinical research center under article fourteen of this chapter.
(b) Employment. —
(1) No employer may discharge, threaten, refuse to hire or otherwise discriminate or retaliate against an employee regarding an employee’s compensation, terms, conditions, location or privileges solely on the basis of such employee’s status as an individual who is certified to use medical cannabis.
(2) Nothing in this act shall require an employer to make any accommodation of the use of medical cannabis on the property or premises of any place of employment. This act shall in no way limit an employer’s ability to discipline an employee for being under the influence of medical cannabis in the workplace or for working while under the influence of medical cannabis when the employee’s conduct falls below the standard of care normally accepted for that position.
(3) Nothing in this act shall require an employer to commit any act that would put the employer or any person acting on its behalf in violation of federal law.
2023 West Virginia Code › Chapter 16A. Medical Cannabis Act › Article 15. Miscellaneous Provisions › §16A-15-5. Schools

The Department of Education shall promulgate rules within six months of the effective date of this section regarding the following:
(1) Possession and use of medical cannabis by a student on the grounds of a preschool, primary school and a secondary school.
(2) Possession and use of medical cannabis by an employee of a preschool, primary school and a secondary school on the grounds of such school.
2023 West Virginia Code › Chapter 16A. Medical Cannabis Act › Article 15. Miscellaneous Provisions › §16A-15-6. Daycare Centers

The Bureau shall promulgate rules within six months of the effective date of this section regarding the following:
(1) Possession and use of medical cannabis by a child under the care of a child-care or social service center licensed or operated by the Department of Health and Human Resources.
(2) Possession and use of medical cannabis by an employee of a child-care or social service center licensed or operated by the Department of Health and Human Resources.
(3) Possession and use of medical cannabis by employees of a youth development center or other facility which houses children adjudicated delinquent.
2023 West Virginia Code › Chapter 16A. Medical Cannabis Act › Article 15. Miscellaneous Provisions › §16A-15-7. Zoning

The following apply:
(1) A grower/processor shall meet the same municipal zoning and land use requirements as other manufacturing, processing and production facilities that are located in the same zoning district.
(2) A dispensary shall meet the same municipal zoning and land use requirements as other commercial facilities that are located in the same zoning district.
(3) A municipality may enact an ordinance prohibiting or limiting the number and type of medical cannabis organizations permitted to operate in the municipality, including the time, place, and manner of operation.
2023 West Virginia Code › Chapter 16A. Medical Cannabis Act › Article 15. Miscellaneous Provisions › §16A-15-8. Notice to Bureau

(a) A municipality that enacts a restrictive ordinance pursuant to section seven of this article, shall promptly notify the bureau of such action.
(b) A county commission shall notify the bureau if a county votes to prohibit allowance of a medical cannabis organization pursuant to section six, article seven of this chapter.