West Virginia Code 16A-7-1 – Electronic tracking
(a) Requirement. — A medical cannabis organization must implement an electronic inventory tracking system which shall be directly accessible to the bureau through its electronic database that electronically tracks all medical cannabis on a daily basis. The system shall include tracking of all of the following:
Terms Used In West Virginia Code 16A-7-1
- Bureau: means the Bureau for Public Health within the West Virginia Department of Health and Human Resources. See West Virginia Code 16A-2-1
- Caregiver: means the individual designated by a patient or, if the patient is under 18 years of age, an individual authorized under §. See West Virginia Code 16A-2-1
- Dispensary: means a person, including a natural person, corporation, partnership, association, trust, or other entity, or any combination thereof, which holds a permit issued by the bureau to dispense medical cannabis. See West Virginia Code 16A-2-1
- Grower: means a person, including a natural person, corporation, partnership, association, trust, or other entity, or any combination thereof, which holds a permit from the bureau under this act to grow medical cannabis. See West Virginia Code 16A-2-1
- Identification card: means a document issued under §. See West Virginia Code 16A-2-1
- Medical cannabis: means cannabis for certified medical use as set forth in this act. See West Virginia Code 16A-2-1
- Medical cannabis organization: means a dispensary, grower, or processor. See West Virginia Code 16A-2-1
- Patient: means an individual who:
(A) Has a serious medical condition. See West Virginia Code 16A-2-1
- Permit: means an authorization issued by the bureau to a medical cannabis organization to conduct activities under this act. See West Virginia Code 16A-2-1
- Processor: means a person, including a natural person, corporation, partnership, association, trust, or other entity, or any combination thereof, which holds a permit from the bureau under this act to process medical cannabis. See West Virginia Code 16A-2-1
- State: when applied to a part of the United States and not restricted by the context, includes the District of Columbia and the several territories, and the words "United States" also include the said district and territories. See West Virginia Code 2-2-10
(1) For a grower or processor, a seed-to-sale tracking system that tracks the medical cannabis from seed to plant until the medical cannabis is sold to a dispensary.
(2) For a dispensary, medical cannabis from purchase from the grower/processor to sale to a patient or caregiver and that includes information that verifies the validity of an identification card presented by the patient or caregiver.
(3) For a medical cannabis organization, a daily log of each day’s beginning inventory, acquisitions, amounts purchased and sold, disbursements, disposals and ending inventory. The tracking system shall include prices paid and amounts collected from patients and caregivers.
(4) For a medical cannabis organization, a system for recall of defective medical cannabis.
(5) For a medical cannabis organization, a system to track the plant waste resulting from the growth of medical cannabis or other disposal, including the name and address of any disposal service.
(b) Additional requirements. — In addition to the information under subsection (a) of this section, each medical cannabis organization shall track the following:
(1) Security and surveillance.
(2) Recordkeeping and record retention.
(3) The acquisition, possession, growing and processing of medical cannabis.
(4) Delivery and transportation, including amounts and method of delivery.
(5) Dispensing, including amounts, pricing and amounts collected from patients and caregivers.
(c) Access. — (1) Information maintained in electronic tracking systems under subsection (a) of this section shall be confidential and not subject to public disclosure under chapter twenty-nine-b of this code.
(2) Pursuant to conditions and procedures established by the bureau, law enforcement shall be provided access to the tracking system.
(d) Reports. — Within one year of the issuance of the first permit to a medical cannabis organization, and every three months thereafter in a form and manner prescribed by the bureau, the following information shall be provided to the bureau, which shall compile the information and post it on the bureau’s publicly accessible Internet website:
(1) The amount of medical cannabis sold by a grower and a processor during each three-month period.
(2) The price of amounts of medical cannabis sold by growers and processors as determined by the bureau.
(3) The amount of medical cannabis purchased by each dispensary in this state.
(4) The cost of amounts of medical cannabis to each dispensary in amounts as determined by the bureau.
(5) The total amount and dollar value of medical cannabis sold by each dispensary in the three-month period.