W. Va. Code R. § 64-110-9

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

Section 64-110-9 - Requirements for growing and processing medical cannabis

9.1. A grower/processor must use only pesticides, fungicides or herbicides that are approved by the United States Department of Agriculture for use on medical cannabis plants and listed in Appendix A (Acceptable pesticide active ingredients for use). The bureau will periodically publish a notice in the State Register updating the list of pesticides, fungicides or herbicides.

9.2. A grower/processor must use the pesticides, fungicides or herbicides listed in Appendix A in a manner that is approved by the United States Department of Agriculture on the basis of federal law and regulations.

9.3. A grower/processor must maintain a log of all actions taken to detect pests or pathogens, and the measures taken for control.

9.4. A grower/processor must:

9.4.a. Use appropriate nutrient practices;

9.4.b. Use a fertilizer or hydroponic solution of a type, formulation and at a rate to support healthy growth of plants; and

9.4.c. Maintain records of the type and amounts of fertilizer and any growth additives used.

9.5. A grower/processor must perform visual inspections of growing plants and harvested plant material to ensure there is no visible mold, mildew, pests, rot, or grey or black plant material that is greater than an acceptable level as determined by the bureau.

9.6. A grower/processor may not add any additional active ingredients or materials to medical cannabis that alters the color, appearance, smell, taste, effect, or weight of the medical cannabis unless the grower/processor has first obtained the prior written approval of the bureau. Excipients must be pharmaceutical grade, unless otherwise approved by the bureau.

9.7. A grower/processor must have a separate and secure area for temporary storage of medical cannabis that is awaiting disposal by the grower/processor.

9.8. A grower/processor must only process the parts of the medical cannabis plant that:

9.8.a. Are free of seeds and stems;

9.8.b. Are free of dirt, sand, debris, or other foreign matter; and

9.8.c. Contain a level of mold, rot, or other fungus or bacterial diseases acceptable to the bureau.

9.9. A grower/processor must process the medical cannabis plants in a safe and sanitary manner. The following apply:

9.9.a. Medical cannabis, raw material and other product used in the processing of medical cannabis must be handled on food-grade stainless steel benches or tables;

9.9.b. Proper sanitation must be maintained; and

9.9.c. Proper rodent, bird and pest exclusion practices must be employed.

9.10. A grower/processor must install a system to monitor, record and regulate:

9.10.a. Temperature;

9.10.b. Humidity;

9.10.c. Ventilation;

9.10.d. Lighting; and

9.10.e. Water supply.

W. Va. Code R. § 64-110-9