West Virginia HB 2356: Relating to the use of medical cannabis

Bill Text

HB 2356 Text

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Introduced Version

« House Bill 2356 History

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 Key: Green = existing Code. Red = new code to be enacted

 WEST virginia 
legislature

2021 regular session

Introduced

House Bill 2356

By Delegates Higginbotham, 
Walker and Rowe

[Introduced February 12, 
2021; Referred to the Committee on Health and Human Resources then the 
Judiciary]

A BILL to amend and 
reenact §16A-3-2 and §16A-3-3 of the Code of West Virginia, 1931, as amended, 
all relating to the use of medical cannabis; allowing medical cannabis to be dispensed 
as dry flower or plant flower and in edible forms; removing the restriction that 
medical cannabis not be dispensed in dry leaf or plant form; and removing the 
prohibition on smoking medical cannabis.

Be it enacted by the 
Legislature of West Virginia:

article 3. medical 
cannabis program.

§16A-3-2. Lawful use of medical cannabis.

(a) Notwithstanding any provision of law to the contrary, 
the use or possession of medical cannabis as set forth in this act article 
is lawful within this state, subject to the following conditions:

(1) Medical cannabis may 
only be dispensed to:

(A) A patient who receives 
a certification from a practitioner and is in possession of a valid 
identification card issued by the bureau; and

(B) A caregiver who is in 
possession of a valid identification card issued by the bureau.

(2) Subject to rules 
promulgated under this act article, medical cannabis may only be 
dispensed to a patient or caregiver in the following forms:

(A) Pill;

(B) Oil;

(C) Topical forms, 
including gels, creams or ointments;

(D) A form medically 
appropriate for administration by vaporization or nebulization, excluding 
dry leaf or plant form until dry leaf or plant forms become acceptable under 
rules adopted by the bureau including dry flower or plant flower;

(E) Tincture;

(F) Liquid; or

(G) Dermal patch; or

(H) Edible forms.

(3) Unless otherwise 
provided in rules adopted by the bureau under section two, article eleven of 
this chapter, medical cannabis may not be dispensed to a patient or a caregiver 
in dry leaf or plant form

(4) (3) An individual may not act as a caregiver 
for more than five patients.

(5) (4) A patient may designate up to two 
caregivers at any one time.

(6) (5) Medical cannabis that has not been used by 
the patient shall be kept in the original package in which it was dispensed.

(7) (6) A patient or caregiver shall possess an 
identification card whenever the patient or caregiver is in possession of 
medical cannabis.

(8) (7) Products packaged by a grower/processor or 
sold by a dispensary shall only be identified by the name of the 
grower/processor, the name of the dispensary, the form and species of medical 
cannabis, the percentage of tetrahydrocannabinol and cannabinol contained in 
the product.

§16A-3-3. Unlawful use 
of medical cannabis.

(a) Except as provided in §16A-3-2, 
§16A-7-4, §16A-13-1 et seq. or 16A-14-1 et seq. of 
this code, the use of medical cannabis is 
unlawful and shall, in addition to any other penalty provided by law, be deemed 
considered a violation of the Uniform Controlled Substances Act under 
chapter 60A of this code.

(b) It shall be unlawful 
to:

(1) Smoke medical 
cannabis.

(2) Except as 
provided under subsection (c), incorporate medical cannabis into edible form or 
sell in edible form

(3) (1) Grow medical cannabis unless the 
grower/processor has received a permit from the bureau under this act article.

(4) (2) Grow or dispense medical cannabis unless 
authorized as a health care medical cannabis organization under §16A-13-1et seq. of 
this code.

(5) (3) Dispense medical cannabis unless the 
dispensary has received a permit from the bureau under this act article..

(c) Edible medical 
cannabis. — Nothing in this act shall be construed to preclude the 
incorporation of medical cannabis into edib