reglab/statecodes huggingface dataset:
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-108 - Local Board of Health Plans of Combination Procedure › Section 64-108-7 - Appeals

Current through Register Vol. XLI, No. 28, July 12, 2024
Applicants adversely affected by a determination of the
				  commissioner pursuant to these rules may request a contested case hearing to
				  determine any rights, duties, interests or privileges and shall do so in a
				  manner prescribed in the Bureau for Public Health rule,
Rules of
				  Procedure for Contested Case Hearings and Declaratory Rulings
,
W.Va. Code
§§
									64-1-1
et seq.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-109 - Medical Cannabis Program - General Provisions › Section 64-109-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. The
				provisions of these rules include general provisions related to the permitting
				of medical cannabis organizations pursuant to the West Virginia Medical
				Cannabis Act (W. Va. Code §
									16A-1-1
et
				seq.
)
1.2. Authority. W.
				Va. Code §
									16A-3-1(b).
1.3. Filing Date. April 21, 2020.
1.4. Effective Date. April 21,
				2020.
1.5. Sunset Provision. These
				rules shall terminate and have no further force or effect on April 21,
				2025.
1.6. Applicability. These
				rules apply to a person or entity that desires to hold a permit as a medical
				cannabis organization in this state.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-109 - Medical Cannabis Program - General Provisions › Section 64-109-3 - Records subject to disclosure; confidentiality

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. The following records are public records
				and are subject to disclosure under the West Virginia Freedom of Information
				Act (W. Va. Code §
									29A-1-1
et seq.
):
3.1.a. An
				application submitted under the Act, except to the extent that the application
				contains any of the information listed in subsection 3.2.;
3.1.b. The name, business address, and
				medical credentials of a practitioner; and
3.1.c. Information regarding penalties or
				other disciplinary actions taken against a permittee by the bureau for a
				violation of the Act.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-109 - Medical Cannabis Program - General Provisions › Section 64-109-4 - General requirements for application

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. The types of applications to be
				submitted to the bureau under these rules include:
4.1.a. An initial permit
				application;
4.1.b. A permit
				renewal application;
4.1.c. An
				application for approval of a change in ownership of a medical cannabis
				organization authorized by a permit;
4.1.d. An application for approval of a
				change of location of a facility authorized by a permit;
4.1.e. An application for approval of
				alteration of a facility authorized by a permit; and
4.1.f. An application for an additional
				grower location.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-109 - Medical Cannabis Program - General Provisions › Section 64-109-5 - Fees

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1. An applicant
				for an initial grower/processor permit or renewal permit must pay the following
				fees by certified check or money order to the bureau:
5.1.a. Initial permit application fee. The
				initial permit application fee of $5,000 must be submitted with the initial
				permit application and is nonrefundable, except as provided in sections 4.4 and
				6.1.c (initial permit application);
5.1.b. Initial permit fee. The initial permit
				fee of $50,000 must be submitted with the initial permit application and shall
				be refunded if the initial permit is not granted; and
5.1.c. Permit renewal fee. The permit renewal
				fee of $5,000 must be submitted with a renewal application and shall be
				refunded if the renewal permit is not granted.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-109 - Medical Cannabis Program - General Provisions › Section 64-109-6 - Initial permit application

Current through Register Vol. XLI, No. 28, July 12, 2024
6.1. The
				bureau shall publish in the State Register and on the bureau's website notice
				of initial permit application availability and the time frame during which
				initial permit applications will be accepted.
6.1.a. An applicant may only use the initial
				permit application form prescribed by the bureau made available on its web
				site.
6.1.b. An applicant must
				submit an initial permit application to the bureau in a manner prescribed by
				the initial permit application instructions.
6.1.c. An initial permit application received
				from an applicant after the time frame during which the bureau is accepting
				applications shall be rejected by the bureau and returned to the applicant
				without further consideration along with the return of fees submitted by the
				applicant with the application.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-109 - Medical Cannabis Program - General Provisions › Section 64-109-7 - Background checks

Current through Register Vol. XLI, No. 28, July 12, 2024
7.1. To provide
				the criminal history record check required under section 6 (Initial permit
				application), an applicant must submit fingerprints of its principals,
				financial backers, operators, and employees to the West Virginia State Police.
				The West Virginia State Police or its authorized agent must submit the
				fingerprints to the Federal Bureau of Investigation for the purpose of
				verifying the identity of the individuals whose fingerprints have been
				submitted and obtaining a current record of criminal arrests and
				convictions.
7.2. The bureau may
				only use criminal history background check information obtained under this
				section to determine the character, fitness, and suitability to serve in the
				designated capacity of the principal, financial backer, operator, and
				employee.
7.3. This section does
				not apply to an owner of securities in a publicly traded company if the bureau
				determines that the owner is not substantially involved in the activities of
				the medical cannabis organization.
7.4. A financial backer, principal, or
				employee may not hold a volunteer position, position for remuneration, or
				otherwise be affiliated with a medical cannabis organization or a clinical
				registrant if the individual has been convicted of a criminal offense relating
				to the sale or possession of illegal drugs, narcotics, or controlled
				substances.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-109 - Medical Cannabis Program - General Provisions › Section 64-109-8 - Review of initial permit applications

Current through Register Vol. XLI, No. 28, July 12, 2024
The bureau will review initial permit applications submitted
				  by applicants according to the criteria in W. Va. Code §
									16A-6-3(a)
				  and this rule.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-109 - Medical Cannabis Program - General Provisions › Section 64-109-9 - Permit renewal applications

Current through Register Vol. XLI, No. 28, July 12, 2024
9.1. A
				medical cannabis organization wishing to renew its permit must submit to the
				bureau a permit renewal application not more than six months, nor less than
				four months, prior to the current permit's expiration.
9.2. A medical cannabis organization must
				submit the applicable fee in section 5 (Fees) with the permit renewal
				application.
9.3. A medical
				cannabis organization must include the following in the permit renewal
				application:
9.3.a. Information regarding any
				charge, or any initiated, pending, or concluded investigation, during the
				period of the initial permit or prior renewal period, by any governmental, or
				administrative agency with respect to:
9.3.a.1. Any incident involving the theft,
				loss, or possible diversion of medical cannabis by the medical cannabis
				organization or from the medical cannabis organization's facility.
9.3.a.2. Compliance by the medical cannabis
				organization with the laws of the state with respect to any substance in the
				Uniform Controlled Substance Act (W. Va. Code §
											60A-4-401
et seq.
)
9.3.a.3.
				Information concerning the medical cannabis organization's ability to carry on
				the activity for which the permit was issued, including medical cannabis
				product shortages or wait lists occurring during the 12-months prior to the
				date the renewal permit application was submitted.
9.3.a.4. The medical cannabis organization's
				history of compliance with the Act and these rules.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-109 - Medical Cannabis Program - General Provisions › Section 64-109-10 - Denial of renewal of a permit

Current through Register Vol. XLI, No. 28, July 12, 2024
10.1. The bureau will deny the renewal of a
				permit if the bureau determines:
10.1.a. The
				medical cannabis organization has not or is unlikely to be able to continuously
				maintain effective control against diversion of medical cannabis at its
				facility.
10.1.b. The medical
				cannabis organization falsified any part of the permit renewal application or
				any other application submitted to the bureau under these rules.
10.1.c. The medical cannabis organization is
				unlikely to comply with all state and local laws applicable to the activities
				in which it may engage under the permit, if renewed.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-109 - Medical Cannabis Program - General Provisions › Section 64-109-11 - Duty to report

Current through Register Vol. XLI, No. 28, July 12, 2024
11.1. During
				the application process, or at any time during the permit period if a permit is
				issued, an applicant or permittee must notify the bureau:
11.1.a. In writing of any change in facts or
				circumstances reflected in the initial permit application or any permit renewal
				application submitted to the bureau, or any newly discovered or occurring fact
				or circumstance which would have been included in the application if known at
				the time the application was submitted.
11.1.b. In writing of any proposed
				modification of its plan of operation at least 30 days prior to the proposed
				modification.
11.1.c. Immediately
				upon becoming aware, and state and local law enforcement immediately upon
				becoming aware, of any adverse loss from the permittee's facility or any
				vehicle transporting medical cannabis to or from the permittee's
				facility.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-109 - Medical Cannabis Program - General Provisions › Section 64-109-12 - Application for approval of a change in ownership of a medical cannabis organization

Current through Register Vol. XLI, No. 28, July 12, 2024
12.1.
				In the event of an impending change in ownership of a medical cannabis
				organization from the ownership listed in the initial permit application or a
				permit renewal application, the medical cannabis organization must submit an
				application for approval of a change in ownership, on a form prescribed by the
				bureau, to the bureau together with the fee required under section 5
				(Fees).
12.2. The bureau, in its
				sole discretion, may permit the medical cannabis organization to incorporate by
				reference all of the information in the medical cannabis organization's initial
				permit application, and any previously submitted permit renewal application,
				into the application for approval of a change in ownership.
12.3. A medical cannabis organization's
				application for approval of a change in ownership will not be considered
				complete by the bureau until all portions of the application are completed and
				the appropriate application fee contained in section 6 is submitted. The bureau
				may reject an incomplete application.
12.4. For each individual that is part of the
				proposed change in ownership, the medical cannabis organization must include
				all of the information required under section 6 (Initial permit application)
				for the individuals listed in those capacities in the medical cannabis
				organization's initial permit application or any previously submitted permit
				renewal application.
12.5. If the
				bureau determines that an application for approval of a change in ownership is
				lacking sufficient information upon which to make a determination, the bureau
				will notify the medical cannabis organization in writing of the factors that
				require additional information and documentation. The medical cannabis
				organization has 30 days from the mailing date of the notice to provide the
				requested information and documentation to the bureau. A medical cannabis
				organization's failure to provide the required information and documentation to
				the bureau by the deadline may be grounds for the denial of approval for the
				requested change in ownership.
12.6. A change in ownership of a medical
				cannabis organization that occurs without the bureau's prior written approval
				of the change as provided in this section is a violation of the Act and these
				rules.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-109 - Medical Cannabis Program - General Provisions › Section 64-109-13 - Application for approval of a change in location of a facility

Current through Register Vol. XLI, No. 28, July 12, 2024
13.1. A medical cannabis organization
				desiring to change the location of a site or facility authorized under a permit
				issued to the medical cannabis organization must submit an application for
				approval of a change in location to the bureau together with the fee required
				by section 5 (Fees).
13.2. A change
				in location of a facility authorized by a permit may not occur until the bureau
				approves the change, in writing.
13.3. The medical cannabis organization must
				submit an application for approval of a change in location on a form prescribed
				by the bureau.
13.4. An application
				for approval of a change in location must include the reason for requesting the
				change and other information about the new location as the bureau may
				require.
13.5. The bureau will
				issue a new permit to the medical cannabis organization for the new location if
				the request is approved.
13.6.
				Within 180 days of the issuance by the bureau of a new permit under subsection
				13.5, the medical cannabis organization must change the location of its
				operation to the new location designated in the new permit. Simultaneously with
				the completion of the move, the medical cannabis organization must cease to
				operate at the former location and surrender its existing permit to the bureau.
				The following conditions apply:
13.6.a. At no
				time may a medical cannabis organization operate or exercise any of the
				privileges granted under the permit in both locations;
13.6.b. At the discretion of the bureau, the
				bureau may extend the 180-day deadline for relocation for up to an additional
				90 days; and
13.6.c. Once the new
				facility is determined to be operational by the bureau, the medical cannabis
				organization may resume operations under the new permit at the new
				location.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-109 - Medical Cannabis Program - General Provisions › Section 64-109-14 - Application for approval of alteration of a facility

Current through Register Vol. XLI, No. 28, July 12, 2024
14.1. Except as provided in subsection 14.2,
				after the issuance of a permit, a medical cannabis organization may not make a
				physical change, alteration, or modification of the facility that materially or
				substantially alters the facility or its usage as described in the plot plans
				originally approved by the bureau.
14.2. A medical cannabis organization wishing
				to make any of the following alterations to the facility for which its permit
				was issued must submit an application for approval of alteration of a facility,
				on a form prescribed by the bureau, to the bureau together with the fee
				required by section 5 (Fees):
14.2.a. An
				increase or decrease in the total square footage of the facility;
14.2.b. The sealing off, creation of, or
				relocation of a common entryway, doorway, passage, or other means of public
				ingress or egress when the common entryway, doorway, or passage alters or
				changes limited access areas;
14.2.c. Any of the following made to enhance
				activities authorized under the permit:
14.2.c.1. Additional electric fixtures or
				lighting equipment;
14.2.c.2. The
				lowering of a ceiling; and
14.2.c.3. Electrical modifications that
				require inspection by state or local governmental entity.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-109 - Medical Cannabis Program - General Provisions › Section 64-109-15 - Failure to be operational

Current through Register Vol. XLI, No. 28, July 12, 2024
15.1. No
				more than six months from the date of issuance of a permit, a medical cannabis
				organization must notify the bureau, on a form prescribed by the bureau, that
				it is operational.
15.2. After the
				bureau receives the notification in subsection 15.1, the bureau will inspect
				the facility to determine if the medical cannabis organization is operational
				to the satisfaction of the bureau.
15.3. If the medical cannabis organization
				has not met the operational timetable in the initial permit application to the
				satisfaction of the bureau at the time of the inspection conducted under
				subsection 15.2, the bureau will notify the medical cannabis organization of
				the deficiencies. Within 30 days of receiving the bureau's notice, the medical
				cannabis organization must submit to the bureau for approval a plan of
				correction that sets forth the medical cannabis organization's timeline and a
				date certain for correcting the deficiencies, which may not extend beyond 90
				days following the date the bureau approves the plan of correction.
15.4. If the medical cannabis organization
				does not comply with its plan of correction as approved by the bureau within 90
				days following the bureau's approval, the bureau may revoke or suspend the
				medical cannabis organization's permit under section 20 (General penalties and
				sanctions).
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-109 - Medical Cannabis Program - General Provisions › Section 64-109-16 - Closure of a facility

Current through Register Vol. XLI, No. 28, July 12, 2024
16.1. A
				medical cannabis organization must notify the bureau in writing immediately,
				but in no event less than 60 days prior to the projected date of closure, upon
				making a determination that it intends to close its facility.
16.2. A medical cannabis organization may not
				accept or purchase seeds, immature medical cannabis plants, medical cannabis
				plants, medical cannabis, other plant matter, medical cannabis products,
				equipment, or medical devices or instruments as of the date of notice submitted
				pursuant to subsection 16.1.
16.3.
				The notice must be accompanied by the medical cannabis organization's written
				plan for closing the facility which must include the following information:
16.3.a. The projected date of
				closure.
16.3.b. How it intends to
				notify in writing, prior to the projected date for closure, any person to which
				the medical cannabis organization provides medical cannabis or medical cannabis
				services prior to closure.
16.3.c.
				How it intends to dispose of seeds, immature medical cannabis plants, medical
				cannabis plants, medical cannabis, medical cannabis products, or other plant
				matter projected to still be in the facility at the time of the projected
				closure in accordance with 64CSR110.22.
16.3.d. How it intends to dispose of
				equipment or medical devices or instruments used by the medical cannabis
				organization in its operations at the facility.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-109 - Medical Cannabis Program - General Provisions › Section 64-109-17 - Insurance requirements

Current through Register Vol. XLI, No. 28, July 12, 2024
17.1. A
				medical cannabis organization must obtain and maintain an appropriate amount of
				insurance coverage that insures the site, facility, and equipment used in the
				operation of the facility. An adequate amount of comprehensive liability
				insurance covering the medical cannabis organization's activities authorized by
				the permit must begin on the date the initial permit is issued by the bureau
				and continuing for a long as the medical cannabis organization is operating
				under the permit.
17.2. A medical
				cannabis organization must obtain and maintain workers' compensation insurance
				coverage for employees at the time the medical cannabis organization is
				determined to be operation by the bureau.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-109 - Medical Cannabis Program - General Provisions › Section 64-109-18 - Inspection and investigation

Current through Register Vol. XLI, No. 28, July 12, 2024
18.1.
				The bureau may conduct announced or unannounced inspections or investigations
				to determine the medical cannabis organization's compliance with its permit,
				the Act or these rules.
18.2. An
				investigation or inspection may include:
18.2.a. Inspection of a medical cannabis
				organization's site, facility, vehicles, books, records, papers, documents,
				data, and other physical or electronic information.
18.2.b. Questioning of employees, principals,
				operators, and financial backers of the medical cannabis
				organization.
18.2.c. Inspection of
				a grower/processor facility's equipment, instruments, tools, and machinery that
				are used to grow, process, and package medical cannabis, including containers
				and labels.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-109 - Medical Cannabis Program - General Provisions › Section 64-109-19 - Reports

Current through Register Vol. XLI, No. 28, July 12, 2024
19.1. A medical
				cannabis organization must submit the following reports to the bureau, on forms
				prescribed by the bureau, at the end of the first 12-month period following the
				issuance of a permit, and as of the end of each three-month period thereafter:
19.1.a. In the case of a grower/processor:
19.1.a.1. The amount of medical cannabis sold
				by the grower/processor during the period for which the report is being
				submitted.
19.1.a.2. The per-dose
				price of an amount of medical cannabis sold by the grower/processor to a
				medical cannabis organization in a unit of measurement as determined by the
				bureau.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-109 - Medical Cannabis Program - General Provisions › Section 64-109-20 - General penalties and sanctions

Current through Register Vol. XLI, No. 28, July 12, 2024
20.1. In addition to any other penalty
				imposed by law for violations of the Act or these rules, the bureau may take
				one or more of the following actions:
20.1.a.
				Suspend or revoke a permit if any of the following occur:
20.1.a.1. The medical cannabis organization
				fails to maintain effective control against diversion of medical cannabis from
				its facility or under its control;
20.1.a.2. The medical cannabis organization
				violates a provision of the Act or these rules, or an order issued under the
				Act or these rules;
20.1.a.3. The
				medical cannabis organization violates a provision of other state or local laws
				regarding the operation if its facility; or
20.1.a.4. The medical cannabis organization
				engages in conduct, or an event occurs, that would have disqualified the
				medical cannabis organization from being issued a permit or having its permit
				renewed.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-109 - Medical Cannabis Program - General Provisions › Section 64-109-21 - Training

Current through Register Vol. XLI, No. 28, July 12, 2024
21.1. As required
				under the Act, the following individuals must complete a two-hour training
				course developed by the bureau within the times specified:
21.1.a. Each principal of a medical cannabis
				organization, prior to starting initial operation of a facility.
21.1.b. Each employee of a medical cannabis
				organization who has direct contact with patients or caregivers or who
				physically handles medical cannabis, within 90 days after starting work at the
				facility.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-109 - Medical Cannabis Program - General Provisions › Section 64-109-22 - Zoning

Current through Register Vol. XLI, No. 28, July 12, 2024
22.1. A
				grower/processor must meet the same municipal zoning and land use requirements
				as other manufacturing, processing, and production facilities that are located
				in the same zoning district.
22.2.
				A dispensary must meet the same municipal zoning and land use requirements as
				other commercial facilities that are located in the same zoning district.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-109 - Medical Cannabis Program - General Provisions › Section 64-109-23 - Advertising by a medical cannabis organization

Current through Register Vol. XLI, No. 28, July 12, 2024
23.1. In the advertising and marketing of
				medical cannabis, a medical cannabis organization must be consistent with the
				federal regulations governing prescription drug advertising and marketing in
				21 C.F.R. §
										202.1 (Prescription-drug
				advertisements).
23.2. Advertising
				Restrictions
23.2.a. Medical cannabis
				advertising may not:
23.2.a.1. Contain
				statements that are deceptive, false, or misleading;
23.2.a.2. Contain any content that can
				reasonably be considered to target individuals under the age of 21, including
				but not limited to images of minors, cartoons, toys, or similar images and
				items typically marketed towards minors, or references to products that are
				commonly associated with minors or marketed by minors;
23.2.a.3. Specifically encourages the
				transportation of medical cannabis items across state lines or otherwise
				encourages illegal activity;
23.2.a.4. Display consumption of medical
				cannabis items;
23.2.a.5. A medical
				cannabis organization may not make any deceptive, false, or misleading
				assertions or statements on any informational material, any sign, or any
				document provided to a consumer.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-109 - Medical Cannabis Program - General Provisions › Section 64-109-24 - Technical advisories

Current through Register Vol. XLI, No. 28, July 12, 2024
The bureau may issue technical advisories to assist
				  permittees in complying with the Act and these rules. Technical advisories do
				  not have the force of law or rule, but will provide guidance on the bureau's
				  interpretation of, and how a permittee may maintain compliance with, the Act
				  and these rules. Notice of the availability of a technical advisory will be
				  published in the State Register.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-109 - Medical Cannabis Program - General Provisions › Section 64-109-25 - Capital requirements

Current through Register Vol. XLI, No. 28, July 12, 2024
25.1.
				An applicant for grower/processor permit must provide an affidavit that the
				applicant has at least two million dollars in capital, $500,000 of which must
				be on deposit with one or more financial institutions.
25.2. An applicant for a dispensary permit
				must provide an affidavit that the applicant has at least $150,000 on deposit
				with one or more financial institutions.
25.3. The affidavit must be in a form as
				prescribed by the bureau.
25.4. An
				applicant must submit with the initial permit application a signed release
				allowing the bureau to contact each financial institution listed in the
				application to verify the requirements of subsections 25.1 and 25.2.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-110 - Medical Cannabis Program - Growers/Processors › Section 64-110-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. The
				provisions of this rule include general provisions related to grower/processors
				pursuant to the West Virginia Medical Cannabis Act (W. Va. Code §
									16A-1-1
et
				seq.
)
1.2. Authority. W.
				Va. Code §
									16A-3-1(b),
				§
									16A-7-3, and §
									16A-13-7.
1.3. Filing Date. March 30, 2023.
1.4. Effective Date. April 1, 2023.
1.5. Sunset Provision. This rule will
				terminate and have no further force or effect on August 1, 2028.
1.6. Applicability. This rule applies to a
				person or entity that desires to hold a permit as a medical cannabis
				organization in the state.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-110 - Medical Cannabis Program - Growers/Processors › Section 64-110-3 - Growers/processors generally

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. The
				qualifications that a grower/processor must meet to receive a permit are
				continuing qualifications to maintain the permit.
3.2. In addition to any other requirements in
				the Act or this rule, a grower/processor must comply with the following:
3.2.a. A grower/processor may not engage in
				the business of growing, processing, possessing, selling, or offering to sell
				medical cannabis to another medical cannabis organization or to a clinical
				registrant within this state without first being issued a permit by the bureau
				and without first being determined operational by the bureau as required under
				64CSR109.15 (Failure to be operational).
3.2.b. A grower/processor may not employ an
				individual at its facility who is under 18 years of age.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-110 - Medical Cannabis Program - Growers/Processors › Section 64-110-4 - Plans of operation

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. At the
				time the bureau determines a grower/processor to be operational, the
				grower/processor must provide the bureau with a full and complete plan of
				operation for review that includes the following:
4.1.a. Employment policies and
				procedures;
4.1.b. Security
				policies and protocols including:
4.1.b.1.
				Staff identification measures;
4.1.b.2. Monitoring of attendance of staff
				and visitors;
4.1.b.3. Alarm
				systems;
4.1.b.4. Video
				surveillance;
4.1.b.5. Monitoring
				and tracking inventory; and
4.1.b.6. Personal security.
4.1.c. A process for growing,
				receiving, processing, packaging, labeling, handling, tracking, transporting,
				storing, disposing, and recalling of medical cannabis and a process for
				handling, tracking, transporting, storing, and disposing of medical cannabis
				waste in accordance with applicable laws, rules and regulations.
4.1.d. Workplace safety, including conducting
				necessary safety checks prior to starting the growing and processing of medical
				cannabis.
4.1.e. Contamination
				protocols.
4.1.f. Maintenance,
				cleaning, and sanitation of equipment in the facility or on the site, or
				both.
4.1.g. Maintenance and
				sanitation of the site or the facility, or both.
4.1.h. Proper handling and storage of any
				solvent, gas, or other chemical used in growing or processing medical cannabis
				in accordance with this rule and other applicable laws, rules and
				regulations.
4.1.i. Quality
				control, including regulation of the amount of THC in each process lot, proper
				labeling, and minimization of medical cannabis contamination.
4.1.j. Inventory maintenance and reporting
				procedures.
4.1.k. The
				investigation of complaints and potential adverse events from other medical
				cannabis organizations, patients, caregivers or practitioners regarding the
				operation of the grower/processor.
4.1.l. A recall plan meeting the requirements
				of section 23 (Complaints about or recall of medical cannabis).
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-110 - Medical Cannabis Program - Growers/Processors › Section 64-110-5 - Grower/processor facilities

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1. A
				grower/processor may only grow, store, harvest, or process medical cannabis in
				an indoor, enclosed, secure facility as approved by the bureau.
5.2. The following areas of a facility must
				be clearly marked with proper signage:
5.2.a.
				Medical cannabis growing and processing areas. These areas must be easily
				observed by the bureau and its authorized agents and by law
				enforcement.
5.2.b. Nongrowing and
				non-processing areas.
5.2.c.
				Limited access areas. All areas of ingress and egress to a limited access area
				must be clearly identified by the posting of a sign which must be not less than
				12 inches wide and 12 inches long, composed of letters not less than one-half
				inch in height, which must state: "Do Not Enter-Limited Access Area-Access
				Limited to Authorized Personnel and Escorted Visitors."
5.2.d. Areas that include business offices
				and reception rooms.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-110 - Medical Cannabis Program - Growers/Processors › Section 64-110-6 - Start-up inventory

Current through Register Vol. XLI, No. 28, July 12, 2024
6.1. A
				grower/processor may obtain seeds or immature medical cannabis plants from
				outside of this state for the purpose of securing its start-up inventory. Seeds
				or immature medical cannabis plants obtained from outside of this state must be
				obtained within 30 days from the date that the bureau determines that the
				grower/processor is operational.
6.2. Except for as provided by subsection
				6.1, a grower/processor may not obtain medical cannabis plants from outside of
				this state at any time.
6.3. A
				grower/processor must, within 24 hours of receipt, record in the electronic
				tracking system each seed and immature medical cannabis plant that enters the
				site during the 30-day period under subsection 6.1.
6.4. After the 30-day period in subsection
				6.1, a grower/processor must only grow medical cannabis plants from seeds or
				immature medical cannabis plants located physically in its facility, or
				purchase seeds, immature medical cannabis plants, or medical cannabis plants
				from another grower/processor.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-110 - Medical Cannabis Program - Growers/Processors › Section 64-110-7 - Visitor access to grower/processor facilities

Current through Register Vol. XLI, No. 28, July 12, 2024
7.1. A grower/processor facility may not be
				open to the general public. A grower/processor must require visitors, including
				vendors, contractors, and other individuals requiring access to the facility
				for purposes regarding the growing, processing, or testing of medical cannabis,
				to sign a visitor log and wear a visitor identification badge that is visible
				to others at all times while on the site and in the facility.
7.2. A grower/processor must require visitors
				to present government-issued identification that contains a photo to gain
				access to the site and facility.
7.3. No one under 18 years of age is
				permitted to enter a grower/processor site and facility.
7.4. A grower/processor must post a sign in a
				conspicuous location at each entrance of the site and facility that states:
				THESE PREMISES ARE UNDER CONSTANT VIDEO SURVEILLANCE. NO ONE UNDER THE AGE OF
				18 IS PERMITTED TO ENTER.
7.5. A
				grower/processor must do all of the following when admitting a visitor to its
				site and facility:
7.5.a. Require the visitor
				to sign a visitor log upon entering and leaving the facility.
7.5.b. Check the visitor's government-issued
				identification to verify that the name on the identification provided matches
				the name in the visitor log. A photocopy of the identification must be retained
				with the log.
7.5.c. Issue a
				visitor identification badge with the visitor's name and company, if
				applicable, and a badge number.
7.5.d. Escort the visitor while the visitor
				remains in the facility or on the site.
7.5.e. Ensure that the visitor does not touch
				any medical cannabis plant or medical cannabis located in a limited access
				area.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-110 - Medical Cannabis Program - Growers/Processors › Section 64-110-8 - Security and surveillance

Current through Register Vol. XLI, No. 28, July 12, 2024
8.1. A
				grower/processor must have security and surveillance systems, utilizing
				commercial-grade equipment, to prevent unauthorized entry and to prevent and
				detect an adverse loss. The security and surveillance systems must include the
				following:
8.1.a. A professionally monitored
				security alarm system that includes the following:
8.1.a.1. Coverage of all facility entrances
				and exits; rooms with exterior windows, exterior walls, roof hatches or
				skylights; storage rooms, including those that contain medical cannabis and
				safes; and the perimeter of the facility;
8.1.a.2. A silent security alarm system
				signal, known as a duress alarm, generated by the entry of a designated code
				into an arming station to signal that the alarm user is being forced to turn
				off the system;
8.1.a.3. An audible
				security alarm system signal, known as a panic alarm, generated by the manual
				activation of a device intended to signal a life-threatening or emergency
				situation requiring law enforcement response;
8.1.a.4. A silent alarm signal, known as a
				holdup alarm, generated by the manual activation of a device intended to signal
				a robbery in progress;
8.1.a.5. An
				electrical, electronic, mechanical, or other device capable of being programmed
				to send a prerecorded voice message requesting dispatch, when activated, over a
				telephone line, radio or other communication system to a law enforcement,
				public safety, or emergency services agency;
8.1.a.6. A failure notification system that
				provides an audible, text, or visual notification of any failure in the
				systems. The failure notification system must provide by telephone, e-mail, or
				text message an alert to a designated security person within the facility
				within five minutes after the failure;
8.1.a.7. Smoke and fire alarms
8.1.a.8. Auxiliary power sufficient to
				maintain operation of specified growing and processing areas identified in the
				grower/processor's plan of operation for at least 48 hours following a power
				outage;
8.1.a.9. The ability to
				ensure all access doors are not solely controlled by an electronic access panel
				to prevent locks from becoming released during a power outage; and
8.1.a.10. Motion detectors;
				and
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-110 - Medical Cannabis Program - Growers/Processors › Section 64-110-9 - Requirements for growing and processing medical cannabis

Current through Register Vol. XLI, No. 28, July 12, 2024
9.1. A grower/processor must use only
				pesticides, fungicides or herbicides that are approved by the United States
				Department of Agriculture for use on medical cannabis plants and listed in
				Appendix A (Acceptable pesticide active ingredients for use). The bureau will
				periodically publish a notice in the State Register updating the list of
				pesticides, fungicides or herbicides.
9.2. A grower/processor must use the
				pesticides, fungicides or herbicides listed in Appendix A in a manner that is
				approved by the United States Department of Agriculture on the basis of federal
				law and regulations.
9.3. A
				grower/processor must maintain a log of all actions taken to detect pests or
				pathogens, and the measures taken for control.
9.4. A grower/processor must:
9.4.a. Use appropriate nutrient
				practices;
9.4.b. Use a fertilizer
				or hydroponic solution of a type, formulation and at a rate to support healthy
				growth of plants; and
9.4.c.
				Maintain records of the type and amounts of fertilizer and any growth additives
				used.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-110 - Medical Cannabis Program - Growers/Processors › Section 64-110-10 - Forms of medical cannabis

Current through Register Vol. XLI, No. 28, July 12, 2024
10.1. A grower/processor may only process
				medical cannabis for dispensing to a patient or caregiver in the following
				forms:
10.1.a. Pill;
10.1.b. Oil;
10.1.c. Topical forms, including gel, creams,
				and ointments;
10.1.d. A form
				medically appropriate for administration by vaporization or
				nebulization;
10.1.e.
				Liquid;
10.1.f. Dermal patch;
				or
10.1.g. Dry leaf or plant
				form.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-110 - Medical Cannabis Program - Growers/Processors › Section 64-110-11 - Limit on medical cannabis processing

Current through Register Vol. XLI, No. 28, July 12, 2024
11.1. In the form intended to be sold to
				another medical cannabis organization, medical cannabis must have a specific
				concentration of total THC and total CBD and must have a consistent cannabinoid
				profile. The concentration of the following cannabinoids, at a minimum, must be
				reported to the bureau by an approved laboratory and include the following on
				the label:
11.1.a. Tetrahydrocannabinol
				(THC);
11.1.b. Tetrahydrocannabinol
				acid (THCA);
11.1.c.
				Tetrahydrocannabivarin (THCV);
11.1.d. Cannabidiol (CBD);
11.1.e. Cannabinadiolic acid
				(CBDA);
11.1.f. Cannabidivarine
				(CBDV);
11.1.g. Cannabinol
				(CBN);
11.1.h. Cannabigerol
				(CBG);
11.1.i. Cannabichromene
				(CBC); and
11.1.j. Any other
				cannabinoid component at 0.1 percent.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-110 - Medical Cannabis Program - Growers/Processors › Section 64-110-12 - Inventory data

Current through Register Vol. XLI, No. 28, July 12, 2024
12.1. A
				grower/processor must maintain the following inventory data in its electronic
				tracking system which must include an accounting of and an identifying tracking
				number for:
12.1.a. The number, weight, and
				type of seeds;
12.1.b. The number
				of immature medical cannabis plants;
12.1.c. The number of medical cannabis
				plants;
12.1.d. The number of
				medical cannabis products ready for sale; and
12.1.e. The number of damaged, defective,
				expired, or contaminated seeds, immature medical cannabis plants, medical
				cannabis plants, and medical cannabis products awaiting disposal.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-110 - Medical Cannabis Program - Growers/Processors › Section 64-110-13 - Equipment, operation and maintenance

Current through Register Vol. XLI, No. 28, July 12, 2024
13.1. A grower/processor facility must have a
				written process in place to maintain the sanitation and operation of equipment
				that comes into contact with medical cannabis to prevent contamination. The
				grower/processor must provide a copy of the written process to the bureau upon
				request.
13.2. As part of the
				written process required under subsection 13.1., a grower/processor must:
13.2.a. Routinely calibrate, check and
				inspect the following to ensure accuracy:
13.2.a.1. Automatic, mechanical, or
				electronic equipment;
13.2.a.2.
				Scales, balances, or other measurement devices used in the grower/processor's
				operations; and
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-110 - Medical Cannabis Program - Growers/Processors › Section 64-110-14 - Storage requirements

Current through Register Vol. XLI, No. 28, July 12, 2024
14.1. A
				grower/processor must have separate locked limited access areas for storage of
				seeds, immature medical cannabis plants, medical cannabis plants, and medical
				cannabis that are expired, damaged, deteriorated, mislabeled, contaminated,
				recalled, or whose containers or packaging have been opened or breached until
				the seeds, immature medical cannabis plants, medical cannabis plants, and
				medical cannabis are destroyed or otherwise disposed of as required under
				section 22 (Management and disposal of medical cannabis waste).
14.2. A grower/processor must maintain all
				storage areas in a clean and orderly condition and free from infestation by
				insects, rodents, birds and pests.