WEST virginia legislature
2021 regular session
Senate Bill 590
By Senators Woelfel, Baldwin, Caputo, Stollings, and Lindsay
[Originating in the Committee on Health and Human Resources; reported on March 19, 2021]
A BILL to amend and reenact §16A-3-2 and §16A-3-3 of the Code of West Virginia, 1931, as amended, all relating to permitting medical marijuana to be prescribed in edible form; removing the restrictions that prevent medical marijuana from being prescribed in edible form; and providing restrictions related to the shape of the edible product.
Be it enacted by the Legislature of West Virginia:
ARTICLE 3. MEDICAL CANNABIS PROGRAM.
§16A-3-2. Lawful use of medical cannabis.
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:
(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;
(G) Dermal patch; or
(H) Edible: Provided, That the sale of edible marijuana products including, but not limited to, the distinct shape of a human, animal, or fruit, or any shape that may entice children shall be prohibited.
(3) Unless otherwise
provided in rules adopted by the bureau under
section two, article eleven
of this chapter §16A-11-2 of this code, 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.
§16A-3-3. Unlawful use of medical cannabis.
(a) Except as
section two of this article §16A-3-2, section four of article seven §16A-7-4, article thirteen §16A-13-1
et seq. or article fourteen
§16A-14-1 et seq. of
this chapter code, 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 60A 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) (2) Grow medical cannabis unless the
grower/processor has received a permit from the bureau under this act. (4) (3) Grow or dispense medical cannabis unless
authorized as a health care medical cannabis organization under §16A-13-1 et
seq. of this code. (5) (4) 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: The purpose of this bill is to remove the restriction that prevents medical marijuana from being in edible form.
Strike-throughs indicate language that would be stricken from a heading or the present law and underscoring indicates new language that would be added.