WEST virginia legislature

2018 regular session

Introduced

House Bill 4345

By Delegates Moore, Pushkin, Upson, Hill, Paynter, Dean, White, folk, Lane and McGeehan

[Introduced January 29, 2018; Referred
to the Committee on the Judiciary then Finance.]

A BILL to amend and reenact §16A-6-13 of the Code of West Virginia, 1931, as amended, relating to limitations on permits for growers, processors and dispensaries of medical cannabis; increasing the number of permits that the bureau may issue for growers, processors and dispensaries of medical cannabis; permitting a grower to be a processor and a processor to be a grower; allowing growers and processors to be dispensaries; and permitting dispensaries to be growers and processors.

Be it enacted by the Legislature of West Virginia:

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 ten 50 growers: Provided, That each grower may have up to two locations per permit.

(2) The bureau may not issue permits to more than ten 50 processors.

(3)  The bureau may not issue permits to more than thirty 165 dispensaries. with no more than five in any region

(4) The bureau may not issue more than two 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 grower or a processor may not be a dispensary A grower may be a processor, and a processor may be a grower. Growers and processors may be dispensaries.  Dispensaries may be growers and processors.

(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.

NOTE: The purpose of this bill concerns the limitations on permits for growers, processors and dispensaries of medical cannabis. The bill increases the number of permits that the bureau may issue for growers, processors and dispensaries of medical cannabis. The bill permits a grower to be a processor and a processor to be a grower. The bill allows growers and processors to be dispensaries. The bill and permits dispensaries to be growers and processors.

Strike-throughs indicate language that would be stricken from a heading or the present law and underscoring indicates new language that would be added.