W. Va. Code R. § 64-113-4

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

Section 64-113-4 - Application

4.1. An applicant must submit an application for a Safe Harbor Letter under these rules on a form provided by the bureau, and must include the following information and any other information deemed necessary by the bureau:

4.1.a. The name, address and date of birth of the applicant.

4.1.b. The name, address, and date of birth of a caregiver, if applicable;

4.1.c. The applicant's proof of residency by submitting one of the following:

4.1.c.1. A West Virginia driver's license.

4.1.c.2. Department of Motor Vehicles-issued identification card.

4.1.c.3. Another form of identification that contains a photo and is approved by the bureau in the application.

4.1.d. The caregiver's criminal history record information obtained from the West Virginia State Police or its authorized agent, if applicable.

4.1.e. A written statement from a licensed physician in this state confirming that the applicant is a terminally ill cancer patient, the physician's name, address of practice, telephone number, and state license number.

4.1.f. An applicant must verify that the applicant will obtain the medical cannabis lawfully in another state.

4.2. The applicant must complete every required section of the application before it will be considered by the bureau.

4.2.a. If the bureau deems an application submitted by an applicant to be incomplete, the bureau will notify the applicant in writing of the factors for which further documentation is required.

4.2.b. An applicant must have 30 days from the mailing date of the notification to submit the additional material to the bureau or the bureau will deem the application as denied and the applicant will be required to submit a new application.

4.3. The applicant must certify as part of the application that the applicant understands the following:

4.3.a. Cannabis is a prohibited Schedule I controlled substance under federal law.

4.3.b. Participation in the Medical Cannabis Program is permitted only to the extent provided by the Act and these rules.

4.3.c. An activity not sanctioned by the Act or rules promulgated under the Act is a violation of state law.

4.3.d. Growing, distributing, or possessing cannabis in any capacity, except through a federally approved research program, is a violation of federal law.

4.3.e. Improper use or acquisition of medical cannabis may be a violation of state or federal law.

4.3.f. Participation in the Medical Cannabis Program does not authorize a person to violate federal or state law and does not provide immunity from or affirmative defense to arrest or prosecution under federal or state law except as provided under the Act.

4.3.g. Notwithstanding anything herein to the contrary, that civil or criminal penalties may result from the applicant's participation in the Medical Cannabis Program, including obtaining medical cannabis from outside this state as set forth in W. Va. Code § 16A-3-5.

4.4. An application for a Safe Harbor Letter must be obtained and submitted as required by the bureau, which shall include notice that a false statement by the applicant is punishable under the applicable provisions of the Uniform Controlled Substances Act, W. Va. Code § 60A-1-101et seq.

W. Va. Code R. § 64-113-4