W. Va. Code R. § 64-112-4

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

Section 64-112-4 - Dispensing medical cannabis

4.1. A dispensary may only dispense medical cannabis to a patient or caregiver who presents a valid identification card to an employee at the facility who is authorized to dispense medical cannabis at the facility.

4.2. Prior to dispensing medical cannabis to a patient or caregiver, the dispensary must:

4.2.a. Verify the validity of the patient or caregiver identification card using the electronic tracking system.

4.2.b. Review the information on the patient's most recent certification by using the electronic tracking system to access the bureau's database. The following apply:

4.2.b.1. If a practitioner sets forth recommendations, requirements, or limitations as to the form or dosage of medical cannabis on the patient certification, the medical cannabis dispensed to a patient or a caregiver by a dispensary must conform to those recommendations, requirements, or limitations.

4.2.b.2. The dispensary must update the patient certification in the electronic tracking system by entering any recommendation as to the form or dosage of medical cannabis that is provided to the patient.

4.3. Prior to the completion of the transaction, the employee conducting the transaction at the dispensary must prepare a receipt of the transaction and file the receipt information with the bureau utilizing the electronic tracking system. A dispensary must provide a copy of the receipt to the patient or the caregiver, unless the patient or the caregiver declines the receipt. The receipt must include the following information:

4.3.a. The name, address and any permit number assigned to the dispensary by the bureau.

4.3.b. The name and address of the patient and, if applicable, the patient's caregiver.

4.3.c. The date the medical cannabis was dispensed.

4.3.d. Any requirement or limitation noted by the practitioner on the patient's certification as to the form of medical cannabis that the patient should use.

4.3.e. The form and the quantity of medical cannabis dispensed.

4.4. Except as provided in W. Va. Code § 16A-14-1et seq., a dispensary must destroy any paper copy of the patient certification or delete any electronically recorded patient certification stored on the dispensary's network, server, or computer system as the result of a transaction after the receipt relating to that transaction has been filed under subsection 4.3.

W. Va. Code R. § 64-112-4