(A) Purpose. The city hereby recognizes the need for alternative medicine for certain serious medical conditions in light of the ongoing opioid crisis that is ravaging the state and country. Inasmuch, the city hereby adopts and approves of the West Virginia Medical Cannabis Act found in W.Va. Code §§ 16A-1-1 et seq.
(B) Definitions.
DISPENSARY. A person, including a natural person, corporation, partnership, association, trust, or other entity, or any combination thereof, which holds a permit issued by the bureau to dispense medical cannabis. The term does not include a health care medical cannabis organization as defined in W.Va. Code § 16A-13-1 et seq.
GROWER. A person, including a natural person, corporation, partnership, association, trust, or other entity, or any combination thereof, which holds a permit from the bureau under this act to grow medical cannabis. The term does not include a health care medical cannabis organization as defined in W.Va. Code § 16-13-1 et seq.
MEDICAL CANNABIS. Cannabis for certified medical use as set forth in the aforementioned state code.
PROCESSOR. A person, including a natural person, corporation, partnership, association, trust, or other entity, or any combination thereof, which holds a permit from the bureau under this act to process medical cannabis. The term does not include a health care medical cannabis organization as defined W.Va. Code § 16A-13-1 et seq.
SERIOUS MEDICAL CONDITION. Any of the following, as has been diagnosed as part of a patient’s continuing care:
(a) Cancer;
(b) Positive status for human immunodeficiency virus or acquired immune deficiency syndrome;
(c) Amyotrophic lateral sclerosis;
(d) Parkinson’s disease;
(e) Multiple sclerosis;
(f) Damage to the nervous tissue of the spinal cord with objective neurological indication of intractable spasticity;
(g) Epilepsy;
(h) Neuropathies;
(i) Huntington’s disease;
(j) Crohn’s disease;
(k) Post-traumatic stress disorder;
(l) Intractable seizures;
(m) Sickle cell anemia;
(n) Severe chronic or intractable pain of neuropathic origin or severe chronic or intractable pain; and/or
(o) Terminally ill.
TERMINALLY ILL. A medical prognosis of life expectancy of approximately one year or less if the illness runs its normal course.
(C) Authority. The growth, processing, manufacture, acquisition, transportation, sale, dispensing, distribution, possession and consumption of medical cannabis permitted under W.Va. Code § 16A-1-1 shall not be deemed to be a violation of any controlled substance ordinance in the city. If a provision of Uniform Controlled Substance Act under Chapter 60A relating to cannabis conflicts with a provision of this chapter, this chapter shall take precedence.
(D) Location. Any grower, processor or dispensary shall only be located in a business zoned area in the city. No grower, processor or dispensary shall be located in a residential zoned area. No dispensary shall be located within 300 feet of another dispensary. Any grower, processor, or dispensary shall comply with all business license and zoning requirements for the city. No grower, processor, or dispensary shall be located within 300 feet of a church or school. Dispensary days of operation and hours shall be limited to Monday through Saturday, and business hours shall be no earlier than 9:00 a.m. and no later than 6:00 p.m. No dispensary shall be open for business on Sundays or any legal holiday as defined by the state holiday calendar.
(W.Va. Code §§ 16A-1-1 et seq.) (Ord. passed 3-9-2020)