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WEST VIRGINIA CODE

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CHAPTER 16A. MEDICAL CANNABIS ACT.

ARTICLE 3. MEDICAL CANNABIS PROGRAM.

§16A-3-2.  Lawful use of medical cannabis.

(a)  Notwithstanding any provision of law to the contrary, the use or possession of medical cannabis as set forth in this act is lawful within this state, subject to the following conditions:

(1)  Medical cannabis may only be dispensed to:

(A)  a patient who receives a certification from a practitioner and is in possession of a valid identification card issued by the bureau; and

(B)  a caregiver who is in possession of a valid identification card issued by the bureau.

(2)  Subject to rules promulgated under this act, medical cannabis may only be dispensed to a patient or caregiver in the following forms:

(A)  Pill;

(B)  Oil;

(C)  Topical forms, including gels, creams or ointments;

(D)  A form medically appropriate for administration by vaporization or nebulization, excluding dry leaf or plant form until dry leaf or plant forms become acceptable under rules adopted by the bureau;

(E)  Tincture;

(F)  Liquid; or

(G) Dermal patch.

(3)  Unless otherwise provided in rules adopted by the bureau under section two, article eleven of this chapter, medical cannabis may not be dispensed to a patient or a caregiver in dry leaf or plant form.

(4)  An individual may not act as a caregiver for more than five patients.

(5)  A patient may designate up to two caregivers at any one time.

(6)  Medical cannabis that has not been used by the patient shall be kept in the original package in which it was dispensed.

(7)  A patient or caregiver shall possess an identification card whenever the patient or caregiver is in possession of medical cannabis.

(8)  Products packaged by a grower/processor or sold by a dispensary shall only be identified by the name of the grower/processor, the name of the dispensary, the form and species of medical cannabis, the percentage of tetrahydrocannabinol and cannabinol contained in the product.

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