W. Va. Code R. § 64-109-16

Current through Register Vol. XLI, No. 50, December 13, 2024

Section 64-109-16 - Closure of a facility

16.1. A medical cannabis organization must notify the bureau in writing immediately, but in no event less than 60 days prior to the projected date of closure, upon making a determination that it intends to close its facility.

16.2. A medical cannabis organization may not accept or purchase seeds, immature medical cannabis plants, medical cannabis plants, medical cannabis, other plant matter, medical cannabis products, equipment, or medical devices or instruments as of the date of notice submitted pursuant to subsection 16.1.

16.3. The notice must be accompanied by the medical cannabis organization's written plan for closing the facility which must include the following information:

16.3.a. The projected date of closure.

16.3.b. How it intends to notify in writing, prior to the projected date for closure, any person to which the medical cannabis organization provides medical cannabis or medical cannabis services prior to closure.

16.3.c. How it intends to dispose of seeds, immature medical cannabis plants, medical cannabis plants, medical cannabis, medical cannabis products, or other plant matter projected to still be in the facility at the time of the projected closure in accordance with 64CSR110.22.

16.3.d. How it intends to dispose of equipment or medical devices or instruments used by the medical cannabis organization in its operations at the facility.

16.4. A medical cannabis organization may not remove or destroy any seeds, immature medical cannabis plants, medical cannabis plants, medical cannabis, other plant matter, medical cannabis products, equipment, or medical devices or instruments until the bureau has approved its plan for closure submitted under subsection 16.3 and must comply with all requirements regarding disposal of medical cannabis 64CSR110.22.

16.5. The bureau may enter the site and facility and inspect the medical cannabis organization's vehicles following receipt of a medical cannabis organization's plan of closure to determine whether to approve the medical cannabis organization's closure plan.

16.6. If the bureau approves the medical cannabis organization's plan to close the facility submitted under this section, the medical cannabis organization must surrender its permit to the bureau on or before the date for closure provided in the plan.

W. Va. Code R. § 64-109-16