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 64-109-2 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1. "Act" means
				the West Virginia Medical Cannabis Act (W. Va. Code §
									16A-1-1
et
				seq.
)
2.2. "Adverse event"
				means an injury resulting from the use of medical cannabis dispensed at a
				dispensary. An injury includes physical harm, mental harm, or loss of
				function.
2.3. "Adverse loss" means
				a loss, discrepancy in inventory, diversion or theft of seeds, immature medical
				cannabis plants, medical cannabis plants, medical cannabis, funds, or other
				property of a medical cannabis organization.
2.4. "Advertising" means the publication,
				dissemination, solicitation, or circulation, for a fee, that is visual, oral,
				written, or electronic to induce directly or indirectly an individual to
				patronize a particular dispensary or to purchase particular medical
				cannabis.
2.5. "Applicant" means a
				person who wishes to submit or submits an application to the bureau for a
				permit to operate as a grower/processor or dispensary, or both, under the Act
				and these rules.
2.6. "Bureau"
				means the West Virginia Bureau for Public Health within the West Virginia
				Department of Health and Human Resources.
2.7. "Cannabis" means all parts of the plant
				of the genus cannabis whether growing or not, the seeds thereof, the resin
				extracted from any part of the plant, and every compound, manufacture, salt,
				derivative, mixture, or preparation of the plant, its seeds, or its resin,
				including cannabis concentrate. "Cannabis" does not include industrial hemp,
				nor does it include fiber produced from the stalks, oil, or cake made from the
				seeds of the plant, sterilized seed of the plant which is incapable of
				germination, or the weight of any other ingredient combined with cannabis to
				prepare topical or oral administrations, food, drink, or other
				product.
2.8. "CBD" means
				Cannabidiol.
2.9. "Caregiver" means
				an individual designated by a patient or, if the patient is under 18 years of
				age, an individual authorized under W. Va. Code §
									16A-5-1
et seq.
to deliver medical cannabis.
2.10. "Certified medical use" means the
				acquisition, possession, use, or transportation of medical cannabis by a
				patient, or the acquisition, possession, delivery, transportation, or
				administration of medical cannabis by a caregiver, for use as part of the
				treatment of the patient's serious medical condition, as authorized in a
				patient certification issued under the Act, including enabling the patient to
				tolerate treatment for the serious medical condition.
2.11. "Change in control" means the
				acquisition by a person or group of persons acting in concert of a controlling
				interest in an applicant or permittee either all at one time or over the span
				of a 12-consecutive-month period.
2.12. "Change in ownership" means the
				addition or removal of a principal, operator, or financial backer, or a change
				in control of a medical cannabis organization after the bureau approves an
				initial permit application or a permit renewal application.
2.13. "Clinical Registrant" means an entity
				that:
2.13.a. Holds a permit as both a
				grower/processor and a dispensary; and
2.13.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.