Current through Register Vol. XXXVIII, No. 51, December 23, 2021
22.1. Medical cannabis waste generated by a
grower/processor or an approved laboratory must be stored, collected and
transported in accordance with W. Va. Code §
et seq. (Solid Waste Management Act), provided the medical
cannabis waste is not hazardous.
The following types of medical cannabis
waste must be rendered unusable and unrecognizable prior to being transported
from a grower/processor or an approved laboratory:
22.2.a. Unused, surplus, returned, recalled,
contaminated, or expired medical cannabis; and
22.2.b. Any medical cannabis plant material
that is not used in the growing, harvesting, or processing of medical cannabis,
including flowers, stems, trim, leaves, seeds, dead medical cannabis plants,
dead immature medical cannabis plants, unused medical cannabis plant parts, and
unused immature medical cannabis plant parts or roots.
22.3. Medical cannabis waste is unusable and
unrecognizable if all components of the waste are indistinguishable and
incapable of being ingested, inhaled, injected, swallowed, or otherwise used
for certified medical use. Acceptable methods of rendering the waste unusable
and unrecognizable include thermal treatment or melting; shredding, grinding or
tearing; and incorporating the medical cannabis waste with other municipal
22.4. Unusable and
unrecognizable medical cannabis waste identified in subsection 22.2. and other
solid or semi-solid medical cannabis waste that is not hazardous must be
disposed of at a permitted municipal waste landfill or processed at a permitted
resource recovery facility or incinerator.
Wastewater or spent hydroponic nutrient
solution generated or produced from the growing, harvesting, or processing of
immature medical cannabis plants or medical cannabis plants must be managed in
accordance with one of the following:
Discharged into a permitted sewage treatment system in accordance with local,
federal and state requirements, including the Water Pollution Control Act (W.
Va. Code §
Treated and discharged into waters of the state under a National Pollutant
Discharge Elimination System permit or water quality management permit in
accordance with the requirements of including the Water Pollution Control Act
(W. Va. Code §
et seq.); and
22.5.c. Disposed in a solid waste landfill if
placed in a container that is less than 1 gallon in size.
Hazardous waste must be managed in
accordance with federal and state law, rules and regulations related to
hazardous waste, including sections 3001-3024 of the Resource Conservation and
Recovery Act of 1976 ( 42 U.S.C.
A. §§ 6921-6939g ), the Hazardous
Waste Management Act (W. Va. Code §
) and rules promulgated thereunder.
22.7. The type of medical cannabis waste
identified in subdivision 22.2.b. may be composted and beneficially used at the
grower/processor facility through a permit provided the requirements of 33CSR3
(Yard Waste Composting Rule) are satisfied, and the compost is beneficially
used at the grower/processor facility as a soil substitute, soil conditioner,
soil amendment, fertilizer, or mulch.