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WEST VIRGINIA CODE

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CHAPTER 16A. MEDICAL CANNABIS ACT.

ARTICLE 5. PATIENTS.

§16A-5-1.  Identification cards.

(a)  Issuance. — The bureau may issue an identification card to a patient who has a certification approved by the bureau and to a caregiver designated by the patient. An identification card issued to a patient shall authorize the patient to obtain and use medical cannabis as authorized by this act. An identification card issued to a caregiver shall authorize the caregiver to obtain medical cannabis on behalf of the patient.

(b)  Procedure for issuance. — The bureau shall develop and implement procedures for:

(1)  Review and approval of applications for identification cards.

(2)  Issuance of identification cards to patients and caregivers.

(3)  Review of the certification submitted by the practitioner and the patient.

(c)  Application. — A patient or a caregiver may apply, in a form and manner prescribed by the bureau, for issuance or renewal of an identification card. A caregiver must submit a separate application for issuance or renewal. Each application must include:

(1)  The name, address and date of birth of the patient.

(2)  The name, address and date of birth of a caregiver.

(3)  The certification issued by the practitioner.

(4)  The name, address and telephone number of the practitioner and documentation from the practitioner that all of the requirements of subsection (a), section three, article four of this chapter have been met.

(5)  A $50 processing fee. The bureau may waive or reduce the fee if the applicant demonstrates financial hardship.

(6)  The signature of the applicant and date signed.

(7)  Other information required by the bureau.

(d)  Forms. — Application and renewal forms shall be available on the bureau’s publicly accessible Internet website.

(e)  Expiration. — An identification card of a patient or caregiver shall expire within one year from the date of issuance, upon the death of the patient, or as otherwise provided in this section.

(f)  Separate cards to be issued. — The bureau shall issue separate identification cards for patients and caregivers as soon as reasonably practicable after receiving completed applications, unless it determines that an application is incomplete or factually inaccurate, in which case it shall promptly notify the applicant.

 (g)  Change in name or address. — A patient or caregiver who has been issued an identification card shall notify the bureau within ten days of any change of name or address. In addition, the patient shall notify the bureau within ten days if the patient no longer has the serious medical condition noted on the certification.

(h)  Lost or defaced card. — In the event of a lost, stolen, destroyed or illegible identification card, the patient or caregiver shall apply to the bureau within ten business days of discovery of the loss or defacement of the card for a replacement card. The application for a replacement card shall be on a form furnished by the bureau and accompanied by a $25 fee. The bureau may establish higher fees for issuance of second and subsequent replacement identification cards. The bureau may waive or reduce the fee in cases of demonstrated financial hardship. The bureau shall issue a replacement identification card as soon as practicable. A patient or caregiver may not obtain medical cannabis until the bureau issues the replacement card.

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