West Virginia Code 19-12E-5 – Industrial hemp; licensing
(a) A person growing industrial hemp shall apply to the commissioner for a license on a form prescribed by the commissioner.
Terms Used In West Virginia Code 19-12E-5
- CBD: means the compound by the same name derived from the hemp variety of the cannabis sativa L. See West Virginia Code 19-12E-3
- Commissioner: means the Commissioner of Agriculture or his or her designee. See West Virginia Code 19-12E-3
- Department: means the West Virginia Department of Agriculture and its employees. See West Virginia Code 19-12E-3
- Hemp products: means all products derived from, or made by, processing hemp plants or plant parts, that are prepared in a form available for commercial sale. See West Virginia Code 19-12E-3
- industrial hemp: means all parts and varieties of the plant Cannabis sativa L. See West Virginia Code 19-12E-3
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Processing: means converting an agricultural commodity into a marketable form. See West Virginia Code 19-12E-3
- 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) The application for a license must include the name and address of the applicant and the legal description and global positioning coordinates of the land area to be used to produce industrial hemp.
(c) The commissioner shall require each first-time applicant and may establish requirements for other persons involved with the industrial hemp program, to submit to a state and national criminal history record check. The criminal history record check shall be based on fingerprints submitted to the State Police or its assigned agent for forwarding to the Federal Bureau of Investigation.
(1) The applicant shall meet all requirements necessary to accomplish the state and national criminal history record check, including:
(A) Submitting fingerprints; and
(B) Authorizing the board, the State Police, and the Federal Bureau of Investigation to use all records submitted and produced for the purpose of screening the applicant for a license.
(2) The results of the state and national criminal history record check may not be released to or by a private entity except:
(A) To the individual who is the subject of the criminal history record check;
(B) With the written authorization of the individual who is the subject of the criminal history record check; or
(C) Pursuant to a court order.
(3) The criminal history record check and related records are not public records for the purposes of § 29B-1-1 et seq. of this code.
(4) The applicant shall pay the actual costs of the fingerprinting and criminal history record check.
(d) If the applicant has completed the application process to the satisfaction of the commissioner, the commissioner shall issue the license, which is valid until December 31 of the year of application: Provided, That an individual applying to renew a current license may continue to operate under an existing license, as long as his or her completed renewal application has been submitted to the department on or before the deadline established by the department.
(e) Any person seeking to grow, cultivate, or process industrial hemp shall provide to the department prior written consent allowing the department, State Police, and other state and local law-enforcement agencies to enter onto all premises where industrial hemp is grown, cultivated, processed, or stored to conduct physical inspections or otherwise ensure compliance with the requirements of this code and the legislative rules promulgated pursuant to this code.
(f) In the alternative, the commissioner may choose to recognize industrial hemp grower licenses issued by the United States Department of Agriculture.
(g) Sale of industrial hemp products —
(1) Notwithstanding any provision of the code to the contrary, a person need not obtain a license to possess, handle, transport, or sell hemp products or extracts, including those containing one or more hemp-derived cannabinoids, including CBD.
(2) Hemp-derived cannabinoids, including CBD, are not controlled substances or adulterants.
(3) Products containing one or more hemp-derived cannabinoids, such as CBD, intended for ingestion are to be considered foods, not controlled substances or adulterated products.
(4) Applicable state agencies shall make available any and all customary registrations to the processors and manufacturers of hemp products.
(5) Retail sales of hemp products may be conducted when the products and the hemp used in the products were grown and cultivated legally in another state or jurisdiction and meet the same or substantially the same requirements for processing hemp products or growing hemp under this article and rules promulgated under § 19-2E-7 of this code.
(6) Notwithstanding any other provision of this code to the contrary, derivatives of hemp, including hemp-derived cannabidiol, may be added to cosmetics, personal care products, and products intended for animal or human consumption, and the addition is not considered an adulteration of the products.
(7) Hemp and hemp products may be legally transported across state lines, and exported to foreign nations, consistent with U.S. federal law and laws of respective foreign nations.