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Home » US Law » 2022 West Virginia Code » Chapter 16A. Medical Cannabis Act » Article 12. Offenses Related to Medical Cannabis

§16A-12-1. Criminal Diversion of Medical Cannabis by Practitioners

In addition to any other penalty provided by law, a practitioner who intentionally and knowingly certifies a person as being able to lawfully receive medical cannabis or who otherwise provides medical cannabis to a person who is not lawfully permitted to receive medical cannabis, is guilty of a felony, and upon conviction thereof, shall be […]

§16A-12-2. Criminal Diversion of Medical Cannabis

(a) In addition to any other penalty provided by law, any employee, financial backer, operator or principal of any qualifying entities who intentionally and knowingly sells, dispenses, trades, delivers or otherwise provides medical cannabis to a person who is not lawfully permitted to receive medical cannabis, is guilty of a felony, and upon conviction thereof, […]

§16A-12-3. Criminal Retention of Medical Cannabis

In addition to any other penalty provided by law, any patient or caregiver who intentionally and knowingly possesses, stores or maintains an amount of medical cannabis in excess of the amount legally permitted is guilty of a misdemeanor, and upon conviction thereof, shall be confined in jail for not more than six months.

§16A-12-4. Criminal Diversion of Medical Cannabis by Patient or Caregiver

In addition to any other penalty provided by law, any patient or caregiver that intentionally and knowingly provides medical cannabis to a person who is not lawfully permitted to receive medical cannabis is guilty of a felony, and upon conviction thereof, shall be imprisoned in a state correctional facility for not less than one nor […]

§16A-12-5. Falsification of Identification Cards

In addition to any other penalty provided by law, any person who commits one of the following, knowing he or she is not privileged to hold an identification card; (1) possesses an identification card and either attempts to use the card to obtain medical cannabis or obtains medical cannabis;

§16A-12-6. Adulteration of Medical Cannabis

In addition to any other penalty provided by law, any person who adulterates, fortifies, contaminates or changes the character or purity of medical cannabis from that set forth on the patient’s or caregiver’s identification card, is guilty of a felony, and upon conviction thereof, shall be imprisoned in a state correctional facility for not less […]

§16A-12-7. Disclosure of Information Prohibited

(a) In addition to any other penalty provided by law, any employee, financial backer, operator or principal who discloses, except to authorized persons for official governmental or health care purposes, any information related to the use of medical cannabis: (1) A medical cannabis organization.

§16A-12-8. Additional Penalties

(a) Civil penalties. — In addition to any other remedy available to the bureau, the bureau may assess a civil penalty for a violation of this act, a rule promulgated under this act or an order issued under this act or rule, subject to the following: (1) The bureau may assess a penalty of not […]

§16A-12-9. Other Restrictions

This act does not permit any person to engage in and does not prevent the imposition of any civil, criminal or other penalty for the following: (1) Undertaking any task under the influence of medical cannabis when doing so would constitute negligence, professional malpractice or professional misconduct.