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WEST VIRGINIA CODE

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CHAPTER 16A. MEDICAL CANNABIS ACT.

ARTICLE 12. OFFENSES RELATED TO MEDICAL CANNABIS.

§16A-12-8. Additional penalties.

 (a)  Civil penalties. — In addition to any other remedy available to the bureau, the bureau may assess a civil penalty for a violation of this act, a rule promulgated under this act or an order issued under this act or rule, subject to the following:

(1)  The bureau may assess a penalty of not more than $10,000 for each violation and an additional penalty of not more than $1,000 for each day of a continuing violation. In determining the amount of each penalty, the bureau shall take the following factors into consideration:

(A)  The gravity of the violation.

(B)  The potential harm resulting from the violation to patients, caregivers or the general public.

(C)  The willfulness of the violation.

(D)  Previous violations, if any, by the person being assessed.

(E)  The economic benefit to the person being assessed for failing to comply with the requirements of this act, a rule promulgated under this act or an order issued under this act or rule.

(2)  If the bureau finds that the violation did not threaten the safety or health of a patient, caregiver or the general public and the violator took immediate action to remedy the violation upon learning of it, the bureau may issue a written warning in lieu of assessing a civil penalty.

(3)  A person who aids, abets, counsels, induces, procures or causes another person to violate this act, a rule promulgated under this act or an order issued under this act or rule shall be subject to the civil penalties provided under this subsection.

(b)  Sanctions. —

(1)  In addition to the penalties provided in subsection (a) of this section, and any other penalty authorized by law, the bureau may impose the following sanctions:

(A)  Revoke or suspend the permit of a person found to be in violation of this act, a rule promulgated under this act or an order issued under this act or rule.

(B)  Revoke or suspend the permit of a person for conduct or activity or the occurrence of an event that would have disqualified the person from receiving the permit.

(C)  Revoke or suspend the registration of a practitioner for a violation of this act or a rule promulgated or an order issued under this act or for conduct or activity which would have disqualified the practitioner from receiving a registration.

(D)  Suspend a permit or registration of a person pending the outcome of a hearing in a case in which the permit or registration could be revoked.

(E)  Order restitution of funds or property unlawfully obtained or retained by a permittee or registrant.

(F)  Issue a cease and desist order.

(2)  A person who aids, abets, counsels, induces, procures or causes another person to violate this act shall be subject to the sanctions provided under this subsection.

(c)  Costs of action. — The bureau may assess against a person determined to be in violation of this act the costs of investigation of the violation.

(d)  Minor violations. — Nothing in this section shall be construed to require the assessment of a civil penalty or the imposition of a sanction for a minor violation of this act if the bureau determines that the public interest will be adequately served under the circumstances by the issuance of a written warning.

Note: WV Code updated with legislation passed through the 2017 Regular Session
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