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WEST VIRGINIA CODE

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CHAPTER 16A. MEDICAL CANNABIS ACT.

ARTICLE 3. MEDICAL CANNABIS PROGRAM.

§16A-3-1.  Establishment of program.

(a)  A medical cannabis program for patients suffering from serious medical conditions is established. The program shall be implemented and administered by the bureau. The bureau shall:

(1)  Issue permits to medical cannabis organizations to authorize them to grow, process or dispense medical cannabis and ensure their compliance with this act.

(2)  Register practitioners and ensure their compliance with this act.

(3)  Have regulatory and enforcement authority over the growing, processing, sale and use of medical cannabis in this state.

(4)  Establish and maintain an electronic database to include activities and information relating to medical cannabis organizations, certifications and identification cards issued, practitioner registration and electronic tracking of all medical cannabis as required under this act to include:

(A)  Ensurance that medical cannabis is not diverted or otherwise used for unlawful purposes by a practitioner or medical cannabis organization.

(B)  Ability to establish the authenticity of identification cards.

(C)  Recording recommended forms of medical cannabis provided in a certification filed by the practitioner.

(D)  Monitoring all growth, transfer, possession, processing, testing and dispensing of medical cannabis in this state.

(E)  The tracking system under article seven of this chapter must include information under section one, article eight of this chapter and any other information required by the bureau to be used by the bureau and dispensaries to enable a dispensary to lawfully provide medical cannabis. The tracking system and database shall be capable of providing information in real time. The database shall be capable of receiving information from a dispensary regarding the disbursement of medical cannabis to patients and caregivers. This information shall be immediately accessible to the bureau and other dispensaries to inhibit diversion and ensure compliance with this act.

(5)  Maintain a directory of patients and caregivers approved to use or assist in the administration of medical cannabis within the bureau’s database.

(6)  Develop a four-hour training course for physicians regarding the latest scientific research on medical cannabis, including the risks and benefits of medical cannabis and other information deemed necessary by the bureau. Successful completion of the course shall be approved as continuing education credits as determined by:

(A)  The State Board of Medicine.

(B)  The State Board of Osteopathic Medicine.

(7)  Develop a two-hour course for the principals and employees of a medical cannabis organization who either have direct contact with patients or caregivers or who physically handle medical cannabis. Employees must successfully complete the course no later than ninety days after commencing employment. Principals must successfully complete the course prior to commencing initial operation of the medical cannabis organization. The subject matter of the course shall include the following:

(A)  Methods to recognize and report unauthorized activity, including diversion of medical cannabis for unlawful purposes and falsification of identification cards.

(B)  Proper handling of medical cannabis and recordkeeping.

(C)  Any other subject required by the bureau.

(8)  Develop enforcement procedures, including announced and unannounced inspections of facilities of the grower/processors and dispensaries and all records of the medical cannabis organizations.

(9)  Establish a program to authorize the use of medical cannabis to conduct medical research relating to the use of medical cannabis to treat serious medical conditions, including the collection of data and the provision of research grants.

(10)  Establish and maintain public outreach programs about the medical cannabis program, including:

(A)  A dedicated telephone number for patients, caregivers and members of the public to obtain basic information about the dispensing of medical cannabis under this act.

(B)  A publicly accessible Internet website with similar information.

(11)  Collaborate as necessary with other state agencies or contract with third parties as necessary to carry out the provisions of this act.

(12)  Determine the number and type of medical cannabis products to be produced by a grower/processor and dispensed by a dispensary.

(13)  Develop recordkeeping requirements for all books, papers, any electronic database or tracking system data and other information of a medical cannabis organization. Information shall be retained for a minimum period of four years unless otherwise provided by the bureau.

(14)  Restrict the advertising and marketing of medical cannabis, which shall be consistent with the Federal rules and regulations governing prescription drug advertising and marketing.

(b)  The bureau shall propose rules for legislative promulgation pursuant to the provisions of article three, chapter twenty-nine-a of this code as may be necessary to carry out and implement the provisions of this act.  The bureau shall also have the power to propose and promulgate emergency rules as may be necessary to carry out and implement the provisions of this act.

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