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WEST VIRGINIA CODE

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CHAPTER 16A. MEDICAL CANNABIS ACT.

ARTICLE 3. MEDICAL CANNABIS PROGRAM.

§16A-3-3.  Unlawful use of medical cannabis.

(a)  Except as provided in section two of this article, section four of article seven, article thirteen or article fourteen of this chapter, the use of medical cannabis is unlawful and shall, in addition to any other penalty provided by law, be deemed a violation of the Uniform Controlled Substances Act under chapter sixty-a of this code.

(b)  It shall be unlawful to:

(1)  Smoke medical cannabis.

(2)  Except as provided under subsection (c), incorporate medical cannabis into edible form or sell in edible form.

(3)  Grow medical cannabis unless the grower/processor has received a permit from the bureau under this act.

(4)  Grow or dispense medical cannabis unless authorized as a health care medical cannabis organization under article thirteen of this chapter.

(5)  Dispense medical cannabis unless the dispensary has received a permit from the bureau under this act.

(c)  Edible medical cannabis. — Nothing in this act shall be construed to preclude the incorporation of medical cannabis into edible form by a patient or a caregiver in order to aid ingestion of the medical cannabis by the patient.

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