The Register Herald reports……..Following bipartisan support in both the House of Delegates and State Senate in 2017, the Medical Cannabis Act was signed into law in West Virginia with expectations the new industry would be up and running by July 2019.
But three years after its passage, patients in West Virginia are still waiting.
Through the Medical Cannabis Act, patients experiencing certain medical conditions such as cancer, post-traumatic stress disorder and other chronic or terminal illnesses may be eligible to receive medical cannabis in pill, tincture, vape, patch or topical forms from physicians.
Two additional pieces of legislation passed in March and May 2019 rectified issues with the 2017 bill: H.B. 2538, which laid the groundwork for medical cannabis banking services, and S.B. 1037, on “vertical integration,” meaning the same business can grow, process and dispense medical cannabis.
In 2018, H.B. 4159 proposed removing licensing limitation caps, and in 2019, H.B. 4567 proposed legalizing edible, dry flower and plant flower forms of cannabis for medicinal use. Both bills were referred to the House Health and Human Resources Committee and never advanced.
Between December 2019 and February 2020, prospective medical cannabis organizations applied for grower, processor and dispensary licenses with the Office of Medical Cannabis, a division of the state Department of Health and Human Resources.
According to Jason Frame, director of the Office of Medical Cannabis, the organization received license applications for 199 dispensaries, 44 growers, 41 processors and one laboratory. All application fees — $50,000 for growers and processors and $10,000 for dispensaries — were due March 3.
So far, Frame said, the current stage of the reviewing process is still underway despite the ongoing coronavirus pandemic.
“The Office of Medical Cannabis continues to review applications and perform all other necessary functions by telework as advised by the governor,” Frame said. “OMC is currently reviewing Grower and Processor applications for completeness. The next step will be a 30-day period for applicants to submit additional information deemed necessary by OMC.”
The completeness review is the second of eight steps outlined in the review process, followed by notice of advancement, various approvals and permit issuance.
According to the Department of Health and Human Resources, which oversees the Medical Cannabis Act alongside the Bureau for Public Health and the OMC, the process may take up to six months, though a timeline for license issuance is not yet determined.
Office of Medical Cannabis
https://dhhr.wv.gov/bph/Pages/Medical-Cannabis-Program.aspx
Senate Bill 386, signed into law on April 19, 2017, by Governor Jim Justice, created the Medical Cannabis Act that allows for cannabis to be used for certified medical use by a West Virginia resident with a serious medical condition and is limited by law to the following forms: pill; oil; topical forms including gels, creams or ointments; a form medically appropriate for administration by vaporization or nebulization, excluding dry leaf or plant form unless dry leaf or plant forms become acceptable under rules adopted by the Bureau for Public Health; tincture; liquid; or dermal patch.
The West Virginia Department of Health and Human Resources, Bureau for Public Health, Office of Medical Cannabis is committed to a goal of less than two years for patients with a qualifying medical condition being able to procure quality-tested medical cannabis in West Virginia.
Permit Applications
The West Virginia Department of Health and Human Resources, Bureau for Public Health, Office of Medical Cannabis ceased accepting permit applications for medical cannabis growers, processors, dispensaries, and laboratories on February 18, 2020 at 3:00 p.m. EST. No additional applications are being accepted at this time. Applicants should be aware that it may take an extended period of time for the refund of permit fees in the case of a non-successful application. All application and permit fees must be received by Tuesday, March 3, 2020 or the application will be denied. Click here to view a list of applicants.
Due to a recent supreme court decision (TENNESSEE WINE AND SPIRITS RETAILERS ASSN. v. RUSSELL F. THOMAS, EXECUTIVE DIRECTOR OF THE TENNESSEE ALCOHOLIC BEVERAGE COMMISSION, ET AL.), the residency requirement referred to by West Virginia Code §16A-6-3 Grant of Permit will not be applied to applicants seeking a West Virginia permit to operate as a medical cannabis organization.
Applicants are advised to be aware of all federal laws regarding the possession, production and distribution of medical cannabis. The Office of Medical Cannabis will not advise any applicant or permittee with regard to any federal law, and the issuance of a permit in no way endorses compliance with any federal law.
Applicant Registration Checklist
Application Forms
Affidavit of Capital Adequacy Initial Application – DISPENSARY
Affidavit of Capital Adequacy Initial Application – GROWERS and PROCESSORS
Affidavit of Suitability For Participation in a Medical Cannabis Organization
Background Check – NonCriminal Justice Applicant’s Privacy Rights
Background Check – Privacy Act Statement
Bank Verification
Criminal Background Check Acknowledgement
Location Boundaries for Dispensaries Policy
Scoring Procedure
Tax Letter of Good Standing
Verification of Application
Workforce WV Compliance Letter
The West Virginia Office of Medical Cannabis seeks written proposals for development of a four hour physician training course as described in Article 3 of the Medical Cannabis Act. All proposals which must be accepted as continuing medical education by both the West Virginia Board of Medicine and the West Virginia Board of Osteopathic Medicine should be submitted by email to medcanwv@wv.gov.
Medical Cannabis Advisory Board Report and Recommendations for the Governor and Legislature
Pending Legislative Rules
Chapter 16A. Medical Cannabis Act
64-109 Medical Cannabis Program – General Provisions
64-110 Medical Cannabis Program – Growers/Processors
64-111 Medical Cannabis Program – Laboratories
64-112 Medical Cannabis Program – Dispensaries
64-113 Medical Cannabis Program – Safe Harbor Letter
Frequently Asked Questions
General Information
Patient/Caregiver Information
Growers/Processors/Dispensaries/Laboratories Information (Updated 2/5/2020)
Physician Information
Medical Cannabis Advisory Board Information
Medical Cannabis Advisory Board Members Announced
Additional Helpful Links
Child Care Locator
Jason Frame Selected to Lead West Virginia Office of Medical Cannabis (02/02/2018)
Medical Cannabis Permit Applications to Open December 19
U.S. Department of Justice Enforcement Policy Press Release
U.S. Department of Justice Memo on Enforcement
Medical Cannabis Advisory Board Meeting Documents
Work Group Membership (10/11/2017)
Medical Cannabis: Patient and Physician Interest Survey Results and Data (PowerPoint 12/14/2017)
West Virginia Medical Cannabis: Patient and Physician Interest Survey and Other Available Data Report (02/06/2018)
West Virginia Medical Cannabis Advisory Board Report and Recommendations (02/22/2018)
Please continue to check this website for additional updates. To contact this office, please e-mail medcanwv@wv.gov, call 304-356-5090 or (toll-free) 844-949-1709, or fax 304-558-0035.
