HB4345 HFAT Pushkin 3-10 revised

Altizer 3259

Delegate Pushkin moves to amend the bill by striking out the title and inserting in lieu thereof, the following:

Eng. House Bill No. 4345 -- A BILL to repeal §16A-4-1 of the Code of West Virginia, 1931, as amended; to repeal §16A-6-4 of said code; to amend and reenact §12-1-2 and §12-1-3 of said code; to amend and reenact §16A-2-1 of said code; to amend and reenact §16A-3-1, §16A-3-3, and §16A-3-4 of said code; to amend and reenact §16A-4-2, §16A-4-3, and §16A-4-5 of said code; to amend and reenact §16A-6-3,  §16A-6-6, §16A-6-12, and §16A-6-13 of said code; to amend and reenact §16A-7-5 of said code; to amend and reenact §16A-8-1 and §16A-8-2 of said code; to amend and reenact §16A-9-1 and §16A-9-2of said code; to amend said code by adding thereto two new sections, designated, §16A-9-3, and §16A-9-4; and to amend and reenact §16A-11-1 of said code; to amend and reenact §16A-12-8 of said code, all relating to the West Virginia Medical Cannabis Act; authorizing certain credit unions to be designated as an eligible depository; amending definitions; removing the use training course for physicians as continuing education credits under the boards of medicine and osteopathic medicine; increasing the two-hour training course for principals and certain employees; authorizing growers to subcontract with in-state third-parties to grow medical cannabis; removing certain Freedom of Information Act exemptions; repealing the section requiring registration of physicians eligible to issue certifications to patients to use medical cannabis; adjusting certification requirements to reflect the removal of the practitioner registry; removing the requirement that other treatments be ineffective before recommending medical cannabis; clarifying the duration of a dosage that may be dispensed; expanding on the requirement that applicants are required to be residents of this state; permitting transfer of permits under certain circumstances; removing the requirement for separate regions associated with medical cannabis organizations; repealing the section requiring notice be printed in the State Register; adding additional prior convictions that result in a prohibition of being affiliated with a medical cannabis organization; providing that the bureau for public health may study the use of dry leaf and plant forms and report any findings to the legislature; imposing a minimum number of permits for growers, processors, and dispensaries; allowing the bureau for public health in consultation with the medical cannabis advisory board to alter the number of permits for growers, processors, and dispensaries based on need and public safety; removing the prohibition on growers and processors from being a dispensaries and allowing vertical integration allowing growers, processors, and dispensaries to be growers, processors, or dispensaries; removing the requirement that a dispensary have a physician or pharmacist onsite at all times and clarifying other requirements; clarifying that Tax Division will administer, collect, and enforce medical cannabis tax; allowing Tax Division to promulgate legislative rules and emergency rules; clarifying imposition of tax; detailing imposition of tax with respect to growers or processors that sell to a dispensary in which they have an economic interest; removing the exemption on medical cannabis from the sales tax; permitting exchange of information between agencies; providing that information exchanged is not subject to disclosure under Freedom of Information Act; requiring payment of tax by electronic funds transfer; requiring electronic filing of tax returns; making tax subject to provisions of West Virginia Tax Crimes and Penalties Act and the West Virginia Tax Procedure and Administration Act; restructuring the allocation of money from the Medical Cannabis Program Fund; and adding doctors of osteopathic medicine to the advisory board; and removing the ability of the bureau to sanction the registration of a practitioner.

 

 

 

 

Adopted

Rejected