West Virginia health officials have filed a modified version of proposed rules governing medical marijuana growers and processors following review by a legislative committee.
The Department of Health filed the modified Rule 64-110 with the West Virginia Secretary of State on August 26. The filing states that the proposal was modified following review and comments from the Legislature’s Rule-Making Review Committee. The rule remains listed as “In Progress.”
The proposal governs numerous aspects of marijuana cultivation and processing, including facility operations, security, transportation, inventory tracking, packaging, product manufacturing and the types of medical marijuana products that can be produced.
The modified rule retains detailed definitions for allowable products. Pills would be limited to pharmaceutical-grade preparations and could not resemble food or confectionery products, explicitly excluding items such as brownies, cookies, gummies, chocolates and hard candies.
Tinctures would be limited to containers of no more than 30 milliliters and would need to use a calibrated dosing device. Liquid marijuana preparations could not exceed 60 milliliters and could not be carbonated, packaged for sipping or gulping, or flavored to mimic soft drinks, juice or flavored water. Dry marijuana flower would remain allowed when processed and packaged exclusively for vaporization.
One change from the version filed with lawmakers in July removes language saying tinctures should be concentrated to facilitate “micro-dosing.” The modified version instead says products should be sufficiently concentrated to facilitate “carefully measured administration.”
The Department of Health previously described the broader amendments as technical cleanup and updates intended to reflect current practices. The agency reported receiving no public comments during the comment period that ended July 25 and projected no fiscal impact on the state or residents.
Because the proposal is a legislative rule and remains in progress, the August 26 filing does not itself make the changes effective.
