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Home » US Law » 2022 West Virginia Code » Chapter 16A. Medical Cannabis Act » Article 15. Miscellaneous Provisions

§16A-15-1. Conflict

The growth, processing, manufacture, acquisition, transportation, sale, dispensing, distribution, possession and consumption of medical cannabis permitted under this act shall not be deemed to be a violation of the provisions of the Uniform Controlled Substance Act under chapter sixty-a of this code. If a provision of Uniform Controlled Substance Act under chapter sixty-a relating to […]

§16A-15-10. State Employee Actions and Federal Law

(a) No cause of action exists against the state officers and employees in their personal capacities, while acting within the scope of duties contemplated by §16A-1-1 et seq. of this code. Any recovery for claims or actions arising from this section is limited solely to the proceeds of available insurance coverage. (b) To the extent […]

§16A-15-2. Financial and Employment Interests

(a) Financial interests. — A public official, or an immediate family member thereof, shall not intentionally or knowingly hold a financial interest in a medical cannabis organization or in a holding company, affiliate, intermediary or subsidiary thereof, while the individual is a public official and for one year following termination of the individual’s status as […]

§16A-15-3. Insurers

Nothing in this act shall be construed to require an insurer or a health plan, whether paid for by state funds or private funds, to provide coverage for medical cannabis.

§16A-15-4. Protections for Patients and Caregivers

(a) Licensure. — None of the following shall be subject to arrest, prosecution or penalty in any manner, or denied any right or privilege, including civil penalty or disciplinary action by a state licensing board or commission, solely for lawful use of medical cannabis or manufacture or sale or dispensing of medical cannabis, or for […]

§16A-15-5. Schools

The Department of Education shall promulgate rules within six months of the effective date of this section regarding the following: (1) Possession and use of medical cannabis by a student on the grounds of a preschool, primary school and a secondary school.

§16A-15-6. Daycare Centers

The Bureau shall promulgate rules within six months of the effective date of this section regarding the following: (1) Possession and use of medical cannabis by a child under the care of a child-care or social service center licensed or operated by the Department of Health and Human Resources.

§16A-15-7. Zoning

The following apply: (1) A grower/processor shall meet the same municipal zoning and land use requirements as other manufacturing, processing and production facilities that are located in the same zoning district.

§16A-15-8. Notice to Bureau

(a) A municipality that enacts a restrictive ordinance pursuant to section seven of this article, shall promptly notify the bureau of such action. (b) A county commission shall notify the bureau if a county votes to prohibit allowance of a medical cannabis organization pursuant to section six, article seven of this chapter.

§16A-15-9. Applicability

The issuance of permits and other authorizations shall begin upon publication of a notice by the bureau in the State Register that adequate emergency or permanent rules have been adopted to initiate the program under this act.