W. Va. Code R. § 64-112-6

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

Section 64-112-6 - Dispensary facilities

6.1. A dispensary may only dispense medical cannabis to a patient or caregiver in an indoor, enclosed, secure facility as approved by the bureau.

6.2. A dispensary may not be located:

6.2.a. Within 1,000 feet of the property line of a public, private or parochial school, or a day-care center;

6.2.b. At the same site used for growing and processing medical cannabis; or

6.2.c. In the same office space as a practitioner or other physician.

6.3. The bureau may waive or amend the prohibition under subdivision 6.2.a., if it is shown by clear and convincing evidence that the waiver or amendment is necessary to provide patients with adequate access to medical cannabis. A waiver or amendment by the bureau under this subsection may require additional security measures, changes to the physical plant of a facility or other conditions necessary to protect individuals under 18 years of age and to prevent unauthorized access to medical cannabis.

6.4. No one under 18 years of age is permitted to enter a dispensary unless the individual is a patient or accompanied by a parent, guardian or caregiver. If a dispensary facility is located adjacent to a commercial operation, the facility must provide additional means of security satisfactory to the bureau to prevent individuals under 18 years of age from entering the facility from the commercial operation unless the individual is accompanied by an adult.

6.5. The following areas of a dispensary must be clearly marked with proper signage:

6.5.a. Limited access areas. All areas of ingress and egress to a limited access area must be clearly identified by the posting of a sign which must be not less than 12 inches wide and 12 inches long, composed of letters not less than one-half inch in height, which must state: Do Not Enter-Limited Access Area. Access Limited to Authorized Personnel and Escorted Visitors.

6.5.b. Areas that are open to patients and caregivers.

6.6. A dispensary must have an enclosed, secure area out of public sight for the loading and unloading of medical cannabis into and from a transport vehicle.

W. Va. Code R. § 64-112-6