West Virginia Code § 16A-3-1

Establishment of program
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(a) A medical cannabis program for patients suffering from serious medical conditions is
established. The program shall be implemented and administered by the bureau. The bureau
shall:
(1) Issue permits to medical cannabis organizations to authorize them to grow, process or
dispense medical cannabis and ensure their compliance with this act.
(2) Register practitioners and ensure their compliance with this act.
(3) Have regulatory and enforcement authority over the growing, processing, sale and use
of medical cannabis in this state.
(4) Establish and maintain an electronic database to inaclude activities and information
relating to medical cannabis organizations, certifications and identification cards issued,
practitioner registration and electronic tracking of lall medical cannabis as required under
this act to include:
(A) Ensurance that medical cannabis is not diverted or otherwise used for unlawful
purposes by a practitioner or medical cannabis organization.
(B) Ability to establish the authenticity of identification cards.
(C) Recording recommended forms of medical cannabis provided in a certification filed by
the practitioner. L
(D) Monitoring all growth, transfer, possession, processing, testing and dispensing of
medical cannabis in this state.
(E) The tracking system under article seven of this chapter must include information under
secWtion one, article eight of this chapter and any other information required by the bureau to
be used by the bureau and dispensaries to enable a dispensary to lawfully provide medical
cannabis. The tracking system and database shall be capable of providing information in real
time. The database shall be capable of receiving information from a dispensary regarding
the disbursement of medical cannabis to patients and caregivers. This information shall be
immediately accessible to the bureau and other dispensaries to inhibit diversion and ensure
compliance with this act.
(5) Maintain a directory of patients and caregivers approved to use or assist in the
administration of medical cannabis within the bureau's database.
(6) Develop a four-hour training course for physicians regarding the latest scientific
research on medical cannabis, including the risks and benefits of medical cannabis and other
information deemed necessary by the bureau. Successful completion of the course shall be
approved as continuing education credits as determined by:
(A) The State Board of Medicine.
(B) The State Board of Osteopathic Medicine.
(7) Develop a two-hour course for the principals and employees of a medical cannabis
organization who either have direct contact with patients or caregivers or who physically
handle medical cannabis. Employees must successfully complete the course no later than
ninety days after commencing employment. Principals must successfully complete the course
prior to commencing initial operation of the medical cannabis organization. The subject
matter of the course shall include the following:
(A) Methods to recognize and report unauthorized activity, including diversion of medical
cannabis for unlawful purposes and falsification of identification cards.
(B) Proper handling of medical cannabis and recordkeaeping.
(C) Any other subject required by the bureau. l
(8) Develop enforcement procedures, including announced and unannounced inspections of
facilities of the grower/processors and dispensaries and all records of the medical cannabis
organizations.
(9) Establish a program to authorize the use of medical cannabis to conduct medical
research relating to the use of medical cannabis to treat serious medical conditions,
including the collection of data and the provision of research grants.
(10) Establish and maintain public outreach programs about the medical cannabis program,
including:
(A) A dedicated telephone number for patients, caregivers and members of the public to
obtain basic information about the dispensing of medical cannabis under this act.
(B) A publicly accessible Internet website with similar information.
(11) Collaborate as necessary with other state agencies or contract with third parties as
necessary to carry out the provisions of this act.
(12) Determine the number and type of medical cannabis products to be produced by a
grower/processor and dispensed by a dispensary.
(13) Develop recordkeeping requirements for all books, papers, any electronic database or
tracking system data and other information of a medical cannabis organization. Information
shall be retained for a minimum period of four years unless otherwise provided by the
bureau.
(14) Restrict the advertising and marketing of medical cannabis, which shall be consistent
with the Federal rules and regulations governing prescription drug advertising and
marketing.
(b) The bureau shall propose rules for legislative promulgation pursuant to the provisions of
article three, chapter twenty-nine-a of this code as may be necessary to carry out and
implement the provisions of this act. The bureau shall also have the power to propose and
promulgate emergency rules as may be necessary to carry out and implemeent the provisions
of this act.

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