W. Va. Code R. § 64-113-5

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

Section 64-113-5 - Validity of Safe Harbor Letter

5.1. The Safe Harbor Letter will be valid from the date of issuance by the bureau until August 1, 2022, or unless any of the following occurs:

5.1.a. The applicant dies.

5.1.b. The applicant changes physicians.

5.1.c. The applicant's physician knows or has reason to know that the applicant no longer suffers from terminal cancer and that use of medical cannabis would not be medically indicated.

5.1.d. The applicant's residency in another state.

5.1.e. The applicant receives notice under subsection 5.6.

5.2. The applicant or physician, or both, must notify the bureau in writing immediately upon knowledge of any change in the information in the original application and upon the occurrence of an event listed in subsection 5.1. The applicant must return the invalid Safe Harbor Letter to the bureau.

5.3. A new application must be submitted to the bureau under the following circumstances:

5.3.a. The applicant changes physicians. The application must include a written statement from the new physician that the applicant is a terminally ill cancer patient.

5.3.b. The applicant has not submitted information within 30 days under subdivision 4.2.b (relating to application).

5.4. The new application must be submitted to the bureau within a reasonable time period of the occurrence of the triggering event.

5.5. The submission of a new application will not be considered to be effective notice under subsection 5.2.

5.6. In the event that the Medical Cannabis Program becomes effective prior to the expiration of Safe Harbor Letters, the bureau will publish notice in the State Register that Safe Harbor Letters will be invalid as of a certain date. Individuals wishing to participate in the Medical Cannabis Program must obtain the requisite identification cards and registrations under the Act and these rules.

W. Va. Code R. § 64-113-5