W. Va. Code R. § 64-109-6 - Initial permit application
6.1. The
bureau shall publish in the State Register and on the bureau 's website notice
of initial permit application availability and the time frame during which
initial permit applications will be accepted.
6.1.a. An applicant may only use the initial
permit application form prescribed by the bureau made available on its web
site.
6.1.b. An applicant must
submit an initial permit application to the bureau in a manner prescribed by
the initial permit application instructions.
6.1.c. An initial permit application received
from an applicant after the time frame during which the bureau is accepting
applications shall be rejected by the bureau and returned to the applicant
without further consideration along with the return of fees submitted by the
applicant with the application.
6.2. In addition to the requirements in
section 4 (General requirements for application), the applicant must provide
the bureau with the following information in the initial permit application:
6.2.a. The legal name of the
applicant ;
6.2.b. Certified copies
of the applicant 's organizational documents, if applicable, and if the
applicant was not organized in this state, evidence that it is authorized to
conduct business in this state;
6.2.c. The physical address of the
applicant 's proposed site and facility, including the following, as applicable:
6.2.c.1. Evidence of the applicant 's clear
legal title to or option to purchase the proposed site and the
facility;
6.2.c.2. A fullyexecuted
copy of the applicant 's unexpired lease for the proposed site and facility that
includes the consent by the property owner to the use by the applicant of that
site and facility on the proposed site for, at a minimum, the term of the
initial permit; or
6.2.c.3. Other
evidence satisfactory to the bureau that shows the applicant has the authority
to use the proposed site and facility as a site and facility for, at a minimum,
the term of the permit.
6.2.d. Evidence that the applicant is or will
be in compliance with the zoning requirements of any municipality in which the
applicant intends to operate.
6.2.e. The following apply to the proposed
facility :
6.2.e.1. If the facility is in
existence at the time the initial permit application is submitted to the
bureau , the applicant must submit plans and specifications drawn to scale for
the interior of the facility.
6.2.e.2. If the facility is in existence at
the time the initial permit application is submitted to the bureau , and the
applicant intends to make alterations to the facility, the applicant must
submit renovation plans and specifications for the interior and exterior of the
facility to be altered.
6.2.e.3. If
the facility is not in existence at the time the initial permit application is
submitted to the bureau , the applicant must submit a plot plan that shows the
proposed location of the facility and an architect's drawing of the facility,
including a detailed drawing, to scale, of the interior of the
facility.
6.2.f. The
name, residential address, date of birth, title, and a curriculum vitae of each
principal , operator , financial backer , and employee of the applicant , or of any
person holding an interest in the applicant 's proposed site or facility,
including:
6.2.f.1. A verification of identity
that is satisfactory to the bureau ;
6.2.f.2. Evidence of good moral character and
reputation of each principal , operator , financial backer , or employee ;
and
6.2.f.3. A copy of a criminal
history records check for each individual performed in accordance with section
7 (Background checks). This paragraph does not apply to an applicant who is an
owner of securities in a publicly traded company if the bureau determines that
the owner of the securities is not substantially involved in the activities of
the applicant .
6.2.f.4. An
affidavit from each principal or operator of the applicant setting forth the
following:
6.2.f.4.A. Any position of
management or ownership held during the 10 years preceding the filing date of
the initial permit application of a controlling interest in any other business
in this state or any other jurisdiction involving the manufacturing or
distribution of medical cannabis or a controlled substance; and
6.2.f.4.B. Whether the principal , operator ,
or financial backer has been convicted of a felony criminal offense.
6.2.g. If a principal ,
operator or financial backer is a corporation or limited liability company:
6.2.g.1. The names, residential addresses,
titles, and the curricula vitae of each principal of the corporation or limited
liability company;
6.2.g.2. A
certified copy of the filed articles of incorporation of the corporation or
filed certificate of organization of the limited liability company;
and
6.2.g.3. Unless the corporation
or limited liability company is a publicly traded company , the names and
mailing addresses of all persons owning securities in the corporation or
membership interests in the limited liability company.
6.2.h. If a principal , operator , or financial
backer is a general partnership, limited partnership, limited liability
partnership, or limited liability limited partnership:
6.2.h.1. The names, residential addresses,
titles, and the curricula vitae of each partner and general partner of a
general partnership, limited partnership, limited liability partnership, or
limited liability limited partnership, and if any of the partners is a
corporation or a limited liability company, the names, residential addresses,
titles, and short version of the curricula vitae of each principal of that
corporation or limited liability company;
6.2.h.2. A certified copy of its filed
certificate of limited partnership or other formation document, if
applicable;
6.2.h.3. A certified
copy of its partnership agreement; and
6.2.h.4. Unless the entity is a publicly
traded company , the names, and mailing addresses of each of its
partners.
6.2.i.
Evidence that the applicant is responsible and capable of successfully
establishing and operating a facility, including the following:
6.2.i.1. Demonstrated experience, if any,
running a for-profit or nonprofit organization or other business within this
state or any other jurisdiction, and the nature of the business conducted by
the organization;
6.2.i.2. History
relating to a similar license, permit , or other authorization in other
jurisdictions, including provisional licenses, suspensions, revocations, or
disciplinary actions, including civil monetary penalties or warnings;
6.2.i.3. History of response to sanctions,
disciplinary actions, or civil monetary penalties imposed relating to any
similar license, permit , or other authorization in another jurisdiction, and
the plans of correction or other responses made to those actions;
6.2.i.4. Evidence that the applicant and its
principals, and other persons affiliated with the applicant identified by the
bureau, is in compliance with all the laws of the state regarding the payment
of state taxes as shown on the tax clearance certificates issued by the State
Department and Workforce West Virginia under section 4;
6.2.i.5. Evidence of any felony criminal
action under the laws of the state or any other state, the United States or a
military, territorial, or tribal authority, against a principal , operator ,
financial backer , or employee , or which involved the possession,
transportation, or sale of illegal drugs, or which related to the provision of
cannabis for medical purposes, including any action against an organization
providing cannabis for medical purposes in which those individuals either owned
shares of stock or served as executives, and which resulted in a conviction,
guilty plea, or plea of nolo contendere, or an admission of sufficient
facts;
6.2.i.6. Evidence of any
civil or administrative action under the laws of the state or any other state,
the United States or a military, territorial, or tribal authority relating to a
principal , operator , financial backer , or employee of the applicant 's
profession, or occupation or fraudulent practices, including fraudulent billing
practices;
6.2.i.7. Evidence of any
attempt by the applicant to obtain a registration, license, permit, or other
authorization to operate a medical cannabis organization in any jurisdiction by
fraud, misrepresentation, or the submission of false information; and
6.2.i.8. A statement that the applicant must
provide evidence of workers' compensation insurance if the applicant is issued
a permit and the facility is determined to be operational by the
bureau.
6.2.j. A
description of the duties, responsibilities, and roles of each principal ,
operator , financial backer , and employee ;
6.2.k. A timetable outlining the steps the
applicant will take to become operational;
6.2.l. A summary of the intended plan of
operation that describes, at a minimum, how the applicant 's proposed business
operations will comply with the Act and these rules relating to:
6.2.l.1. Security ;
6.2.l.2. Employee qualifications and
training;
6.2.l.3. Transportation
of medical cannabis ;
6.2.l.4.
Storage of medical cannabis ;
6.2.l.5. Labeling of medical
cannabis ;
6.2.l.6. Inventory
management;
6.2.l.7. With respect
to a grower/processor 's facility , nutrient practice;
6.2.l.8. With respect to a grower/processor 's
facility , quality control and testing of medical cannabis for potential
contamination;
6.2.l.9.
Recordkeeping;
6.2.l.10. Preventing
unlawful diversion of medical cannabis ; and
6.2.l.11. With respect to a
grower/processor 's facility , growing of medical cannabis , including a detailed
summary of policies and procedures for its growth.
6.2.m. The relevant financial information in
section 25 (capital requirements);
6.2.n. Statements that:
6.2.n.1. The applicant and each principal,
operator, financial backer, and employee are of good moral character;
6.2.n.2. The applicant possesses the ability
to obtain in an expeditious manner the right to use the proposed site and
facility, including equipment, to properly perform the activity described in
the initial permit application;
6.2.n.3. The applicant can continuously
maintain effective security, surveillance, and accounting control measures to
prevent diversion, abuse, and other illegal conduct regarding medical cannabis
plants and medical cannabis; and
6.2.n.4. The applicant can continuously
comply with all applicable laws of the state, the Act , these rules, and the
terms and conditions of the initial permit;
6.2.o. The applicant must provide the bureau
with releases sufficient to obtain information from a governmental agency,
financial institutions, an employer, or any other person. Failure to provide
these releases will result in the rejection of the initial permit application;
and
6.2.p. Other information
required by the bureau .
6.3. If the bureau determines that an initial
permit application is complete but lacking sufficient information upon which to
make a determination, the bureau will notify the applicant in writing of the
factors that require additional information and documentation. An applicant has
30 days from the mailing date of the notice to provide the requested
information and documentation to the bureau. An applicant 's failure to provide
the requested information to the bureau by the deadline may be grounds for
denial of the issuance of a permit.
6.4. At the discretion of the bureau , the
bureau may extend the deadline in subsection 6.3 for up to an additional 15
days.
6.5. The bureau may conduct
an inspection to determine the appropriateness of a proposed site and facility,
the applicant 's operational status, the applicant 's compliance with the laws
and rules of the state, the municipality's zoning requirements relating to the
applicant 's proposed site and facility, if applicable, and its use as outlined
in the permit application. The bureau may do the following:
6.5.a. Interview principals, operators,
financial backers, and employees, including physicians and pharmacists, engaged
and to be engaged in the applicant 's operations for the purpose of verifying
the information contained in the initial permit application.
6.5.b. Inspect transport vehicles that are or
will be utilized in the transportation of medical cannabis to a facility or a
laboratory.
Notes
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.
No prior version found.