W. Va. Code R. § 64-113-2

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

Section 64-113-2 - Definitions

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

2.2. "Applicant" means an applicant who wishes to submit or submits an application to the bureau for a Safe Harbor letter.

2.3. "Bureau" means the West Virginia Bureau for Public Health within the Department.

2.4. "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.

2.5. "Certified medical use" means the acquisition, possession, use, or transportation of medical cannabis by an applicant, or the acquisition, possession, delivery, transportation, or administration of medical cannabis by a caregiver, for use as part of the treatment of the applicant's serious medical condition, as authorized in an applicant certification issued under the Act, including enabling the applicant to tolerate treatment for the serious medical condition.

2.6. "Department" means the Department of Health and Human Resources.

2.7. "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.

2.8. "Medical cannabis program" means the program authorized under the Act and implemented by the bureau.

2.9. "Patient" means an individual who:

2.9.a. Is a terminally ill cancer patient.

2.9.b. Has met the requirements for certification under the Act.

2.9.c. Is a resident of the state of West Virginia.

2.10. "Safe Harbor Letter" means a letter provided by the bureau to an applicant under W. Va. Code § 16A-3-5 that allows the applicant to administer to him or herself medical cannabis purchased in another state with which the state has entered into a reciprocity agreement.

2.11. "Terminally ill cancer patient" means a person with a diagnosis of cancer and a medical prognosis of life expectancy of approximately one year or less if the illness runs its normal course.

W. Va. Code R. § 64-113-2