West Virginia Code 16A-12-2 – Criminal diversion of medical cannabis
(a) In addition to any other penalty provided by law, any employee, financial backer, operator or principal of any qualifying entities who intentionally and knowingly sells, dispenses, trades, delivers or otherwise provides medical cannabis to a person who is not lawfully permitted to receive medical cannabis, is guilty of a felony, and upon conviction thereof, shall be imprisoned in a state correctional facility for not less than one nor more than five years.
Terms Used In West Virginia Code 16A-12-2
- Academic clinical research center: means . See West Virginia Code 16A-14-1
- Clinical registrant: means an entity that:
(A) . See West Virginia Code 16A-14-1
- Conviction: A judgement of guilt against a criminal defendant.
- Financial backer: means an investor, mortgagee, bondholder, note holder, or other source of equity, capital, or other assets, other than a financial institution. See West Virginia Code 16A-2-1
- Medical cannabis: means cannabis for certified medical use as set forth in this act. See West Virginia Code 16A-2-1
- Medical cannabis organization: means a dispensary, grower, or processor. See West Virginia Code 16A-2-1
- Principal: means an officer, director, or person who directly owns a beneficial interest in or ownership of the securities of an applicant or permittee, a person who has a controlling interest in an applicant or permittee, or who has the ability to elect the majority of the board of directors of an applicant or permittee, or otherwise control an applicant or permittee, other than a financial institution. See West Virginia Code 16A-2-1
- State: when applied to a part of the United States and not restricted by the context, includes the District of Columbia and the several territories, and the words "United States" also include the said district and territories. See West Virginia Code 2-2-10
(b) For purposes of this section, “qualifying entity” shall mean:
(1) A medical cannabis organization.
(2) A health care medical cannabis organization or university participating in a research study under article thirteen of this chapter.
(3) A clinical registrant or academic clinical research center under article fourteen of this chapter.
(4) A laboratory utilized to test medical cannabis under section four, article seven of this chapter.