§16A-6-2.  Permits.

(a)  Application. — An application for a grower, processor or dispensary permit to grow, process or dispense medical cannabis shall be in a form and manner prescribed by the bureau and shall include:

(1)  Verification of all principals, operators, financial backers or employees of a medical cannabis grower/processor or dispensary.

(2)  A description of responsibilities as a principal, operator, financial backer or employee.

(3)  Any release necessary to obtain information from governmental agencies, employers and other organizations.

(4)  A criminal history record check. Medical cannabis organizations applying for a permit shall submit fingerprints of principals, financial backers, operators and employees to the West Virginia State Police for the purpose of obtaining criminal history record checks and the West Virginia State Police or its authorized agent shall submit the fingerprints to the Federal Bureau of Investigation for the purpose of verifying the identity of the principals, financial backers, operators and employees and obtaining a current record of any criminal arrests and convictions. Any criminal history record information relating to principals, financial backers, operators and employees obtained under this section by the bureau may be interpreted and used by the bureau only to determine the principal’s, financial backer’s, operator’s and employee’s character, fitness and suitability to serve as a principal, financial backer, operator and employee under this act. This subdivision shall not apply to an owner of securities in a publicly traded corporation if the bureau determines that the owner of the securities is not substantially involved in the activities of the medical cannabis organization.

(5)  Details relating to a similar license, permit or other authorization obtained in another jurisdiction, including any suspensions, revocations or discipline in that jurisdiction.

(6)  A description of the business activities in which it intends to engage as a medical cannabis organization.

(7)  A statement that the applicant:

(A)  Is of good moral character. For purposes of this subparagraph, an applicant shall include each financial backer, operator, employee and principal of the medical cannabis organization.

(B)  Possesses the ability to obtain in an expeditious manner the right to use sufficient land, buildings and other premises and equipment to properly carry on the activity described in the application and any proposed location for a facility.

(C)  Is able to maintain effective security and control to prevent diversion, abuse and other illegal conduct relating to medical cannabis.

(D)  Is able to comply with all applicable State laws and rules relating to the activities in which it intends to engage under this act.

(8)  The name, residential address and title of each financial backer and principal of the applicant. Each individual, or lawful representative of a legal entity, shall submit an affidavit with the application setting forth:

(A)  Any position of management or ownership during the preceding ten years of a controlling interest in any other business, located inside or outside this state, manufacturing or distributing controlled substances.

(B)  Whether the person or business has been convicted of a criminal offense graded higher than a summary offense or has had a permit relating to medical cannabis suspended or revoked in any administrative or judicial proceeding.

(9)  Any other information the bureau may require.

(b)  Notice. — An application shall include notice that a false statement made in the application is punishable under the applicable provisions of law.

Bill History For §16A-6-2