16A-2-1 Definitions

Terms Used In West Virginia Code > Chapter 16A > Article 2 - Definitions

  • Act: means the West Virginia Medical Cannabis Act and the provisions contained in §. See West Virginia Code 16A-2-1
  • Advisory board: means the advisory board established under §. See West Virginia Code 16A-2-1
  • Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
  • 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
  • Certified medical use: means the acquisition, possession, use, or transportation of medical cannabis by a patient, or the acquisition, possession, delivery, transportation, or administration of medical cannabis by a caregiver, for use as part of the treatment of the patient's serious medical condition, as authorized in a certification under this act, including enabling the patient to tolerate treatment for the serious medical condition. See West Virginia Code 16A-2-1
  • Commissioner: means the Commissioner of the Bureau for Public Health. See West Virginia Code 16A-2-1
  • Continuing care: means treating a patient, in the course of which the practitioner has completed a full assessment of the patient's medical history and current medical condition, including an in-person consultation with the patient, and is able to document and make a medical diagnosis based upon the substantive treatment of the patient. See West Virginia Code 16A-2-1
  • Controlling interest: means :

    (A) For a publicly traded entity, voting rights that entitle a person to elect or appoint one or more of the members of the board of directors or other governing board or the ownership or beneficial holding of five percent or more of the securities of the publicly traded entity. See West Virginia Code 16A-2-1

  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • 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
  • Financial institution: means a bank, a national banking association, a bank and trust company, a trust company, a savings and loan association, a building and loan association, a mutual savings bank, a credit union, or a savings bank. See West Virginia Code 16A-2-1
  • Fund: means the Medical Cannabis Program Fund established in §. 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
  • 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
  • Mortgagee: The person to whom property is mortgaged and who has loaned the money.
  • Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
  • 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
  • Post-traumatic stress disorder: means a diagnosis made as part of continuing care of a patient by a medical doctor, licensed counselor, or psychologist. See West Virginia Code 16A-2-1
  • practitioner: means a doctor of allopathic or osteopathic medicine who is fully licensed pursuant to the provisions of either §. 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
  • Registry: means the registry established by the bureau for practitioners. See West Virginia Code 16A-2-1
  • Serious medical condition: means any of the following, as has been diagnosed as part of a patient's continuing care:

    (A) Cancer. 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