HB5074 SFA Z. Maynard 3-12
Dellinger 7965
Senator Z. Maynard moved to amend the bill by striking out everything after the enacting clause and inserting in lieu thereof the following:
(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; or
(H) Edible: Provided, That any medical cannabis product produced or dispensed in edible form in this state must comply with the requirements of subsection (b) of this section.
(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.
(b) Requirements applicable to medical cannabis dispensed in edible form in West Virginia:
(1) Before producing edibles within this state, a processor must obtain approval from the bureau for each edible product the processor intends to produce. The request for approval of the edible product must demonstrate that the proposed edible, including its packaging and labeling, complies with this section and any applicable legislative rule promulgated by the bureau pursuant to this article. As part of the approval process, the processor must submit a picture of the proposed edible bearing the universal symbol established by the bureau, and the measurements of the edible and universal symbol.
(2) Edibles shall be one of the following shapes (including the three-dimensional form of each shape):
(A) Square;
(B) Circle;
(C) Rectangle;
(D) Triangle;
(E) Parallelogram;
(F) Oval; or
(G) Diamond.
(3) Edibles shall be manufactured in one of the following two forms:
(A) Lozenges. For purposes of this section, a "lozenge" shall mean a hard edible that is held in the mouth and slowly dissolved; or
(B) Gelatins. For purposes of this section, a "gelatin" is a semi-translucent edible made with water-soluble protein derived from collagen, or a plant-based alternative, including but not limited to pectin.
(4) Each single serving edible may not exceed 10 milligrams of tetrahydrocannabinol. Edibles may have a potency variance of no greater than 15 percent.
(5) A processor shall not produce any edibles that:
(A) Contain any color additives, whether natural or artificial;
(B) Contain or bear a reasonable resemblance to commercially available candy;
(C) Contain any additive that increases potency, toxicity, or psychoactivity of the cannabis oil used to produce the edible (e.g., nicotine, alcohol, and caffeine);
(D) Bear any markings, symbols, images, graphics, or words, other than the universal symbol;
(E) Are decorated with icing, sprinkles, or other toppings of any kind; or
(F) Are a primary or bright color. Edibles shall be produced in a manner to minimize color intensity and other color and visual characteristics attractive to children.
(6) Edibles shall be marked with the universal symbol on at least one side of each edible such that the universal symbol is distinguishable and easily recognizable.
(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) (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 article thirteen of this chapter.
(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.
(a) Fund established. — The Medical Cannabis Program Fund is established as a special fund in the State Treasury. Money in the fund is appropriated shall be allocated as set forth in subsection (c) of this section. Any amount unspent at the end of a fiscal year shall be appropriated allocated to the bureau for its operations.
(b) Source of funds. — Fees and taxes payable under this act shall be deposited into the fund. The money deposited into the fund may only be used for the purposes set forth in this section. Any interest accrued shall be deposited into the fund.
(c) Use of proceeds. —
(1) On June 30, 2026, $5 million from the balance of moneys in the fund shall be allocated to the Supreme Court of Appeals for a pilot project for the establishment of a Child Protection Commission and $5 million from the balance of moneys in the fund shall be allocated to Division of Primary Care to expand and enhance services addressing homelessness. The remaining balance in the fund shall revert to general revenue for appropriation;
(2) Beginning on July 1, 2026, the money in the fund is allocated in accordance with the following percentages, except as otherwise provided in this subdivision:
(1)(A) Fifty-five Fifteen percent of the revenue in the fund shall be allocated to the bureau Office of Medical Cannabis for administrative purposes.
(B) Fifteen percent shall be allocated to the Department of Agriculture for testing of medical cannabis, which shall occur at the West Virginia State University lab when operational.
(2) (C) The remaining forty-five percent of the revenue in the fund shall be allocated as follows: (A) Fifty Twenty percent shall be allocated to the Fight Substance Abuse Fund created by §60A-9-8 of the this code;
(D) Ten percent shall be allocated to Marshall University for cannabis research;
(E) Ten percent shall be allocated to West Virginia University’s Rockefeller Neuroscience Institute for substance use disorder research;
(F) Ten percent shall be allocated to the Supreme Court of Appeals for the purposes of a Child Protection Commission; and
(B) (G) Forty Twenty percent shall be allocated to the Division of Administrative Services, Justice and Community Services section, for grants to local law enforcement agencies for training, drug diversion, and other programs focused on crime and addiction and to pay expenses of the division in administering the grant program, which expenses may not in any fiscal year exceed three percent of the funds allocated, pursuant to and in accordance with the provisions of article nine-a, chapter fifteen §15A-2-1 et seq. of this code.
(B) (G) Forty Ten percent shall be allocated to the Division of Justice and Community Services, for grants to local law enforcement agencies for training, drug diversion, and other programs focused on crime and addiction, pursuant to and in accordance with the provisions of article nine-a, chapter fifteen of this code.
(C) (H) Ten percent shall be allocated to the fund created in section four, article twenty-nine, chapter thirty, to be used for law enforcement professional training and professional development programs.
Adopted
Rejected