Statutes, codes, and regulations
West Virginia Administrative Code
Agency 64 - HealthTitle 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES
Series 64-109 - Medical Cannabis Program - General Provisions
Section 64-109-10 - Denial of renewal of a permit

W. Va. Code R. § 64-109-10

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Current through Register Vol. XLI, No. 50, December 13, 2024
Section 64-109-10 - Denial of renewal of a permit
10.1. The bureau will deny the renewal of a permit if the bureau determines:
10.1.a. The medical cannabis organization has not or is unlikely to be able to continuously maintain effective control against diversion of medical cannabis at its facility.
10.1.b. The medical cannabis organization falsified any part of the permit renewal application or any other application submitted to the bureau under these rules.
10.1.c. The medical cannabis organization is unlikely to comply with all state and local laws applicable to the activities in which it may engage under the permit, if renewed.
10.2. An existing permit is immediately invalid upon expiration if the medical cannabis organization has not filed a permit renewal application in accordance with section 9 (Permit renewal applications) and remitted the required fees in accordance with section 5 (Fees).
10.3. Except as provided in subsection 10.5, a medical cannabis organization may not operate if its permit is not renewed prior to expiration.
10.4. If the bureau denies renewal of the permit or if the medical cannabis organization fails to submit a permit renewal application and permit renewal fee as required under section 5 (Fees) the medical cannabis organization must do the following upon the expiration of the permit:
10.4.a. Cease all operations authorized by the permit.
10.4.b. In the case of a grower/processor, dispose of any remaining medical cannabis, medical cannabis products, plant matter, seed, or any growing equipment as set forth in 64CSR110.22.
10.4.c. In the case of a dispensary, return the medical cannabis or medical cannabis products to the grower/processor where the medical cannabis and medical cannabis products originated.
10.5. If a medical cannabis organization submits a permit renewal application and permit renewal fee to the bureau as required under section 5 (Fees), the bureau may administratively extend the existing permit from the date the existing permit expires until the bureau can complete its permit renewal application review.

W. Va. Code R. § 64-109-10