(a) In addition to any other penalty provided by law, any employee, financial backer, operator or principal of any qualifying entities who intentionally and knowingly sells, dispenses, trades, delivers or otherwise provides medical cannabis to a person who is not lawfully permitted to receive medical cannabis, is guilty of a felony, and upon conviction thereof, shall be imprisoned in a state correctional facility for not less than one nor more than five years.
(b) For purposes of this section, “qualifying entity” shall mean:
(1) A medical cannabis organization.
(2) A health care medical cannabis organization or university participating in a research study under article thirteen of this chapter.
(3) A clinical registrant or academic clinical research center under article fourteen of this chapter.
(4) A laboratory utilized to test medical cannabis under section four, article seven of this chapter.
Structure West Virginia Code
Chapter 16A. Medical Cannabis Act
Article 12. Offenses Related to Medical Cannabis
§16A-12-1. Criminal Diversion of Medical Cannabis by Practitioners
§16A-12-2. Criminal Diversion of Medical Cannabis
§16A-12-3. Criminal Retention of Medical Cannabis
§16A-12-4. Criminal Diversion of Medical Cannabis by Patient or Caregiver
§16A-12-5. Falsification of Identification Cards
§16A-12-6. Adulteration of Medical Cannabis
§16A-12-7. Disclosure of Information Prohibited