HB4345 SFAT Trump 3-9

Forbes 4807 and 7824

 

Senator Trump moved to amend the bill by striking out the title and substituting therefor a new title, to read as follows:

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 of said code; to amend said code by adding thereto three new sections, designated §16A-9-2, §16A-9-3, and §16A-9-4; to amend and reenact §16A-11-1 of said code; to amend and reenact §16A-12-8 of said code; and to amend and reenact §60A-4-401 of said code, all relating to the West Virginia Medical Cannabis Act; allowing the State Treasurer to designate a credit union only for the banking functions necessary for the West Virginia Medical Cannabis Act to be designated as an eligible depository; amending and removing definitions; removing the use of the four-hour 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 employees to eight hours and adding requirements for the training; authorizing growers to subcontract with in-state third-parties to grow medical cannabis; removing the Freedom of Information Act exemption for practitioner credentials; 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; imposing a minimum number of permits for growers, processors, and dispensaries; allowing the bureau for public health in consultation with the medical caanabis advisory board may limit 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; authorizing delivery by a dispensary to a caregiver’s residence during certain times but prohibiting delivery to a commercial business and certain temporary housing locations; clarifying that Tax Division will administer, collect, and enforce medical cannabis tax; allowing Tax Division to promulgate legislative rules and emergency rules; defining “gross receipts”; 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; 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; allowing the bureau for public health to promulgate legislative rules to allow medical cannabis to be dispensed to patients or caregivers in dry leaf and plant forms; 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; adding three doctors of osteopathic medicine to the advisory board; removing the ability of the bureau to sanction the registration of a practitioner; and removing the imposition of a jail sentence for the simple possession of marijuana.

 

 

 

 

Adopted

Rejected