How to Stay Compliant in West Virginia

In April 2017, West Virginia legalized medical marijuana with the signing of Senate Bill 386 by Governor Jim Justice, establishing the West Virginia Medical Cannabis Act. This Act permits patients with severe medical conditions to use medical cannabis prescribed by a licensed physician and sets forth the regulation and licensing of dispensaries, growers, processors, and laboratories. Metrc is the official statewide track-and-trace system for West Virginia’s medical cannabis program.

The Department of Health and Human Resources (DHHR), through the West Virginia Office of Medical Cannabis (OMC), oversees the implementation and regulation of the medical marijuana program. The OMC handles patient registration, issues medical cannabis cards, and ensures compliance with the state’s regulatory standards.

Approved West Virginia medical cannabis license holders must implement and stay compliant with Metrc.

Understanding the Track-and-Trace System

Metrc is the official track-and-trace system for West Virginia’s medical cannabis program. This system ensures all cannabis products are tracked from seed to sale, providing a comprehensive way to monitor the supply chain and prevent diversion and misuse.

Key Components:

• Seed-to-Sale Tracking: Metrc tracks cannabis plants from their initial growth stages through processing and final sale. Each plant and product is assigned a unique identifier, which is recorded and monitored throughout its lifecycle. This tracking includes cultivation, harvest, processing, testing, transportation, and final sale. More detailed information about Metrc’s system can be found on Metrc’s official site.
• Compliance Reporting: All data must be accurately reported to Metrc to stay compliant with state regulations. Licensees must input data directly into Metrc’s system, either manually or through integrated third-party software. This includes reporting on plant batches, inventory adjustments, sales transactions, and disposal of cannabis products. The DHHR provides additional resources and guidelines.

The Role of the Office of Medical Cannabis

The West Virginia Office of Medical Cannabis (OMC) is responsible for overseeing the state’s medical cannabis program. This includes:

• Patient Registration: Patients must register with the OMC to obtain a medical cannabis card, which ensures only eligible patients can access medical cannabis products.
• Licensing: The OMC issues licenses to dispensaries, growers, processors, and testing laboratories. All licensees must adhere to strict regulations to maintain their license.
• Regulation Enforcement: The OMC ensures all participants in the medical cannabis program comply with state laws and regulations. It conducts regular audits and inspections to verify compliance.

Seed-to-Sale Compliance

Compliance from seed to sale involves several critical steps, including cultivation, processing, and dispensing. Each step requires accurate data logging and adherence to state regulations to ensure transparency and prevent the diversion of cannabis products.

1. Cultivation

Growers must record the growth stages of cannabis plants meticulously, including planting, feeding, and harvesting, and log this data into Metrc accurately. Each plant is assigned a unique identifier, and every action taken during its lifecycle must be documented.

• Planting: Each plant is tagged with a unique identifier when it is first planted. This tag follows the plant through its entire lifecycle.
• Feeding: Growers must log all feeding schedules, including the type and amount of nutrients used.
• Harvesting: When plants are harvested, their weights and dates are recorded in Metrc, ensuring each batch of harvested cannabis can be traced back to its original planting.

2. Processing

Processors must track the transformation of cannabis plants into consumable products, which includes documenting the extraction, infusion, and packaging processes. Each processing stage must be logged into Metrc to maintain a comprehensive product record from the plant to the final product.

• Extraction: The process of extracting cannabinoids from cannabis plants must be documented, including the methods and equipment used.
• Infusion: When cannabis extracts are infused into products (such as edibles or tinctures), the details of these processes must be recorded.
• Packaging: Finished products must be packaged and tagged with unique identifiers before they are sold. This ensures each product can be traced back through its processing history.

3.  Dispensing

Dispensaries must report sales transactions and inventory levels accurately to ensure all products sold are accounted for, and there is no diversion to the illicit market. Every sale must be logged in Metrc, along with detailed inventory records.

• Sales Transactions: Each sale must be recorded in Metrc, including the date, quantity, and type of product sold.
• Inventory Management: Dispensaries must update their inventory records regularly in Metrc to reflect sales, returns, and any discrepancies.
• Compliance Reporting: Dispensaries are required to report all sales and inventory data to Metrc, ensuring transparency and regulatory compliance.

West Virginia dispensaries face the challenge of adhering to state regulations for medical marijuana. IndicaOnline’s point-of-sale (POS) system provides a solution by seamlessly integrating with Metrc, the state’s tracking system. This integration simplifies recordkeeping and streamlines compliance processes for dispensaries. IndicaOnline’s user-friendly tools empower you to manage your Metrc account directly, minimizing administrative burdens.

By choosing IndicaOnline’s POS system, West Virginia dispensaries can ensure compliance and focus on patient care.

Lawful Use of Medical Cannabis in West Virginia

West Virginia currently does not allow recreational marijuana use. However, the state does have a medical marijuana program for patients with qualifying conditions.

Eligibility to Purchase and Possess Medical Cannabis

• Patients: Only patients with a valid medical ID card can purchase and possess medical cannabis.
• Caregivers: Patients can designate up to two official caregivers to purchase their medicine on their behalf. However, a caregiver cannot care for more than five patients at a time.

Forms of Medical Cannabis Allowed

Operators are permitted to dispense medical cannabis only in the following forms:

• Pills
• Oils
• Topicals (gels, creams, or lotions)
• Tinctures
• Liquids
• Dermal patches

Note: Edibles are not legal in West Virginia.

Important Considerations for Operating a Medical Cannabis Establishment

• Zoning Restrictions: Medical cannabis establishments cannot be located within certain proximities to schools, playgrounds, and other sensitive areas. Counties have the authority to ban or limit the locations of these businesses.
• Security Requirements: Licensees must implement robust security measures, including surveillance systems and restricted access.

Disposal and Packaging Rules

• Name of the grower or processor
• Name of the dispensary
• Specific form and species of the product
• Percentage of THC and CBD content

For more detailed information, refer to the West Virginia Office of Medical Cannabis – General Provisions.

Essential Compliance Steps

1. All licensed operators must use Metrc for tracking and reporting. This includes:
   

• Training: Staff should be trained on how to use Metrc effectively. Training sessions and resources are available on the Metrc support portal.
• Regular Audits: Conduct regular audits to ensure all data is accurate and up-to-date, which helps identify and correct any discrepancies promptly.

2. Maintain accurate records of all transactions, from cultivation to final sale.

• Inventory Management: Update inventory levels regularly to prevent discrepancies.
• Transaction Logs: Keep detailed logs of all sales and transfers.

3. Submit the required reports to the OMC and Metrc on time.

• Sales Reports: Detail all transactions, including the amount sold and customer information.
• Compliance Reports: Report any issues or discrepancies immediately.

Supply Chain Management

Efficient supply chain management is vital for compliance and includes:

• Supplier Verification: Ensure all suppliers are licensed and compliant.
• Product Testing: Test all products for quality and safety before sale.
• Transportation: Follow state guidelines for the secure transportation of cannabis products.

West Virginia Medical Marijuana Taxes

In West Virginia, medical marijuana sales are subject to a 10% tax on top of the existing sales tax and any local taxes applied. This revenue is allocated to support three key areas:

• Medical Cannabis Program: Funds are used to ensure the program operates efficiently.
• Drug Treatment Programs: Revenue helps combat substance abuse and addiction in the state.
• Local Governments: These funds support law enforcement and public safety initiatives.

Advertising Medical Marijuana in West Virginia

• Targeted Advertising: Ads must be factual, accurate, and directed at registered patients and caregivers.
• Prohibited Mass Advertising: Billboards, radio, TV, and other mass media ads are banned to prevent promotion to the general public.
• Permitted Channels: Licensed dispensaries can use direct mail, email marketing, and other targeted ads directed at registered patients and caregivers, ensuring all materials are factual and do not suggest medical marijuana is risk-free.

Labeling Laws in West Virginia

• Licensed Processor Information: Name and address of the licensed processor.
• Testing Information: Testing date, laboratory name, and test results.
• Product Details: Packaging date, expiration date, storage instructions, dosage, and concentration.
• Patient Identification: Registered patient’s name and registry identification number.

Ensuring Compliance and Streamlining Operations with IndicaOnline

West Virginia dispensaries that prioritize strict compliance with all legal regulations and actively engage with the community are positioned for success. This collaborative approach contributes to ongoing discussions about the responsible use of medical marijuana. As West Virginia’s medical marijuana program continues to develop, we remain committed to keeping you informed about all relevant updates that could impact establishing a dispensary in the state.

Maintaining accurate data across physical inventory, POS, and Metrc requires precise workflows. IndicaOnline offers an extremely efficient cannabis inventory management solution, streamlining discrepancy management and simplifying package tracking. This enables retailers to maintain constant control over their data. IndicaOnline supports businesses from launch, allowing dispensaries to focus on delivering excellent customer service. Schedule a demo today and see the difference IndicaOnline can make to your business.