W. Va. Code R. § 64-112-2

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

Section 64-112-2 - Definitions

2.1. "Act" means the West Virginia Medical Cannabis Act (W. Va. Code § 16A-1-1et seq.).

2.2. "Advertise" means the publication, dissemination, solicitation, or circulation, for a fee, that is visual, oral, written, or electronic to induce directly or indirectly an individual to patronize a particular dispensary or to purchase particular medical cannabis.

2.3. "Bureau" means the West Virginia Bureau for Public Health within the West Virginia Department of Health and Human Resources.

2.4. "Cannabis" means all parts of the plant of the genus cannabis whether growing or not, the seeds thereof, the resin extracted from any part of the plant, and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds, or its resin, including cannabis concentrate. "Cannabis" does not include industrial hemp, nor does it include fiber produced from the stalks, oil, or cake made from the seeds of the plant, sterilized seed of the plant which is incapable of germination, or the weight of any other ingredient combined with cannabis to prepare topical or oral administrations, food, drink, or other product.

2.5. "CBD" means Cannabidiol.

2.6. "Caregiver" means the individual designated by a patient or, if the patient is under 18 years of age, an individual authorized under W. Va. Code § 16A-5-1et seq. to deliver medical cannabis.

2.7. "Device" means an object used, intended for use, or designed for use in preparing, storing, ingesting, inhaling, or otherwise introducing medical cannabis into the human body.

2.8. "Dispense" means the activity of lawfully providing to a patient or caregiver medical cannabis in a suitable container that is appropriately labeled for subsequent administration or use pursuant to a patient certification issued by a practitioner.

2.9. "Dispensary" means:

2.9.a. A person who holds a permit issued by the bureau to dispense medical cannabis.

2.9.b. The term does not include a health care medical cannabis organization as defined by W. Va. Code § 16A-13-1et seq.

2.10. "Employee" means an individual who is hired for a wage, salary, fee, or payment to perform work for an applicant or permittee.

2.11. "Electronic tracking system" means an electronic seed-to-sale system prescribed by the bureau that is implemented by a dispensary to log, verify, and monitor the receipt of medical cannabis product from a grower/processor, the verification of the validity of an identification card presented by a patient or caregiver, the dispensing of medical cannabis product to a patient or caregiver, the disposal of medical cannabis waste, and the recall of defective medical cannabis.

2.12. "Facility" means a structure and other appurtenances or improvements where a dispensary dispenses medical cannabis.

2.13. "Form of medical cannabis" means the characteristics of the medical cannabis recommended or limited for a particular patient, including the method of consumption and any particular dosage, strain, variety, and quantity or percentage of medical cannabis or particular active ingredient.

2.14. "Grower/processor means:

2.14.a. A person who holds a permit from the bureau under the Act to grow or process medical cannabis.

2.14.b. The term does not include a health care medical cannabis organization as defined under W. Va. Code § 16A-13-1et seq.

2.15. "Health care medical cannabis organization" means a vertically integrated health system approved by the bureau to dispense medical cannabis or grow and process medical cannabis, or both, in accordance with a research study under W. Va. Code § 16A-13-1et seq.

2.16. "Identification card" means a document issued under W. Va. Code § 16A-5-1 that authorizes access to medical cannabis under the Act.

2.17. "Laboratory" means a place, establishment, or institution within the State of West Virginia that has been issued a certificate by the bureau's Office of Laboratory Services.

2.18. "Limited access area" means any area on a site or within a facility where:

2.18.a. Medical cannabis products are being loaded into or out of transport vehicles.

2.18.b. Medical cannabis is packaged for sale or stored.

2.18.c. Medical cannabis waste is processed, stored, or destroyed.

2.18.d. Surveillance system devices are stored.

2.19. "Medical cannabis" means cannabis that is grown and sold pursuant to the provisions for certified medical use as set forth in the Act and in a form set forth in the provisions of § 64-110-10.

2.20. "Medical cannabis product" means the final form and dosage of medical cannabis that is grown, processed, produced, sealed, labeled, and tested by a grower/processor and sold to a dispensary.

2.21. "Medical cannabis organization" means:

2.21.a. A dispensary or a grower/processor.

2.21.b. The term does not include a health care medical cannabis organization under W. Va. Code § 16A-13-1et seq. or a clinical registrant under W. Va. Code § 16A-14-1et seq.

2.22. "Municipality" incorporated city or town in this state.

2.23. "Operations" means the time at which the bureau determines that a dispensary is ready, willing and able to properly carry on the activity for which a permit has been issued under this rule, including the implementation of an electronic tracking system.

2.24. "Operator" means an individual who directly oversees or manages the day-to-day business functions for an applicant or permittee and has the ability to direct employee activities onsite and offsite or within a facility for which a permit is issued.

2.25. "Patient" means an individual who:

2.25.a. Has a serious medical condition;

2.25.b. Has met the requirements for certification under the Act; and

2.25.c. Is a resident of the State of West Virginia.

2.26. "Permit" means an authorization issued by the bureau to an applicant to conduct activities authorized under the Act.

2.27. "Person" means a natural person, corporation, foundation, organization, business trust, estate, limited liability company, licensed corporation, trust, partnership, limited liability partnership, association, or other form of legal business entity.

2.28. "Physician" means an individual currently licensed by this state to engage in the practice of medicine pursuant to the West Virginia Medical Practice Act (W. Va. Code § 30-3-1et seq.) and the Osteopathic Medical Practice Act (W. Va. Code § 30-14-1et seq.).

2.29. "Photocopy" means to copy printed material by a process in which an image is formed by the action of light usually on an electrically charged surface, or the use any other electronic method to scan, create, and store records or documents.

2.30. "Practitioner" means a physician who is registered with the bureau under W. Va. Code § 16A-4-1.

2.31. "Serious medical condition" means any of the following conditions:

2.31.a. Cancer.

2.31.b. Positive status for Human Immunodeficiency Virus or Acquired Immune Deficiency Syndrome.

2.31.c. Amyotrophic lateral sclerosis.

2.31.d. Parkinson's disease.

2.31.e. Multiple sclerosis.

2.31.f. Damage to the nervous tissue of the spinal cord with objective neurological indication of intractable spasticity.

2.31.g. Epilepsy.

2.31.h. Neuropathies.

2.31.i. Huntington's disease.

2.32.j. Crohn's disease.

2.31.k. Post-traumatic stress disorder.

2.31.l. Intractable seizures.

2.31.m. Sickle cell anemia.

2.31.n. Severe chronic or intractable pain of neuropathic origin or severe chronic or intractable pain.

2.31.o. Terminally ill.

2.32. "Site" means the total area contained within the property line boundaries in which a facility is operated by a dispensary.

2.33. "Terminally ill" means a medical prognosis of life expectancy of approximately one year or less if the illness runs its normal course.

2.34. "THC" means Tetrahydrocannabinol.

2.35. "Transport vehicle" means a vehicle that meets the requirements of the Act and is used to transport medical cannabis between medical cannabis organizations or between medical cannabis organizations and a laboratory.

2.36. "Unit" means the weight or volume of total usable medical cannabis in the finished product, calculated in metric units.

W. Va. Code R. § 64-112-2