West Virginia Code 16A-3-2 – Lawful use of medical cannabis
(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:
Terms Used In West Virginia Code 16A-3-2
- Act: means the West Virginia Medical Cannabis Act and the provisions contained in §. See West Virginia Code 16A-2-1
- Bureau: means the Bureau for Public Health within the West Virginia Department of Health and Human Resources. See West Virginia Code 16A-2-1
- Caregiver: means the individual designated by a patient or, if the patient is under 18 years of age, an individual authorized under §. See West Virginia Code 16A-2-1
- Dispensary: means a person, including a natural person, corporation, partnership, association, trust, or other entity, or any combination thereof, which holds a permit issued by the bureau to dispense medical cannabis. See West Virginia Code 16A-2-1
- Identification card: means a document issued under §. 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
- Patient: means an individual who:
(A) Has a serious medical condition. See West Virginia Code 16A-2-1
- practitioner: means a doctor of allopathic or osteopathic medicine who is fully licensed pursuant to the provisions of either §. 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
(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.
(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.