W. Va. Code R. § 64-109-20

Current through Register Vol. XLII, No. 1, January 3, 2025

Section 64-109-20 - General penalties and sanctions

20.1. In addition to any other penalty imposed by law for violations of the Act or these rules, the bureau may take one or more of the following actions:

20.1.a. Suspend or revoke a permit if any of the following occur:

20.1.a.1. The medical cannabis organization fails to maintain effective control against diversion of medical cannabis from its facility or under its control;

20.1.a.2. The medical cannabis organization violates a provision of the Act or these rules, or an order issued under the Act or these rules;

20.1.a.3. The medical cannabis organization violates a provision of other state or local laws regarding the operation if its facility; or

20.1.a.4. The medical cannabis organization engages in conduct, or an event occurs, that would have disqualified the medical cannabis organization from being issued a permit or having its permit renewed.

20.1.b. Impose a civil penalty of not more than $10,000 for each violation and an additional penalty of not more than $1,000 for each day of the continuing violation. In determining the amount of each penalty, the bureau will take the following into consideration:

20.1.b.1. The gravity of the violation.

20.1.b.2. The potential harm resulting from the violation to patients, caregivers, or the general public.

20.1.b.3. The willfulness of the violation.

20.1.b.4. Previous violations, if any, by the medical cannabis organization being assessed.

20.1.b.5. The economic benefit to the person being assessed for failing to comply with the requirements of the Act, these rules, or an order issued under the Act or these rules.

20.1.c. Suspend or revoke a permit pending the outcome of a hearing if the bureau determines that the health, safety, or welfare of the public, a patient, or a caregiver is at risk;

20.1.d. Order the restitution of funds or property unlawfully obtained or retained by a medical cannabis organization;

20.1.e. Issue a cease and desist order to immediately stop or restrict the operations of a medical cannabis organization conducted under a permit to protect the public's health, safety, and welfare. The following apply:

20.1.e.1. An order may include a requirement that a medical cannabis organization cease or restrict some or all of its operations. In addition, the order may prohibit the use of some or all of the medical cannabis grown, processed, or to be sold by the medical cannabis organization;

20.1.e.2. An order may be issued by an authorized agent of the bureau immediately upon the completion of an inspection or investigation if the agent observes or suspects an operational failure or determines that the conditions will likely create a diversion of medical cannabis, contamination of medical cannabis, or a risk to patients or the public; and

20.1.e.3. An order may include:

20.1.e.3.A. An immediate evacuation of the site and facility, and the sealing of the entrances to the facility;

20.1.e.3.B. A quarantine of some or all of the medical cannabis found at the facility; and

20.1.e.3.C. The suspension of the sale or shipment of some or all of the medical cannabis found at the facility.

20.1.f. Issue a written warning if the bureau determines that either:

20.1.f.1. The public interest will be adequately served under the circumstances by the issuance of the warning; or

20.1.f.2. The violation does not threaten the safety or health of a patient, caregiver, or the general public, and the medical cannabis organization took immediate action to remedy the violation.

20.2. A person who aids, abets, counsels, induces, procures, or causes another person to violate the Act or these rules, or an order issued under the Act, or these rules, will also be subject to the civil penalties provided for under this section.

20.3. Before the bureau may act under subsection 20.1 or 20.2, the bureau will provide the medical cannabis organization or other person with written notice specifying the nature of the alleged violation or conduct. The notice will fix a time and place for hearing. The hearing will be scheduled at least 10 days after the date of the notice. Hearings will be held in accordance with the procedures contained in 64CSR1(Rules of Procedure for Contested Case Hearings and Declaratory Rulings).

20.4. Notwithstanding subsection 20.3, for violations of the Act or these rules, the bureau may require a medical cannabis organization to develop and adhere to a plan of correction approved by the bureau. The bureau will monitor compliance with the plan of correction. Failure to comply with the plan of correction may result in the bureau's taking action under applicable provisions of this section as it deems appropriate.

20.5. The bureau's action under subsections 20.1., 20.2., and 20.3. are subject to 64CSR1 (Rules of Procedure for Contested Case Hearings and Declaratory Rulings).

W. Va. Code R. § 64-109-20