Bill Text: VA HB287 | 2022 | Regular Session | Prefiled
Bill Title: Cannabis; replaces the term "marijuana" throughout the Cannabis Control Act.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2022-02-15 - Left in General Laws [HB287 Detail]
Download: Virginia-2022-HB287-Prefiled.html
Be it enacted by the General Assembly of Virginia:
1. That §§4.1-600, 4.1-601, 4.1-603, 4.1-604, 4.1-606, 4.1-609, 4.1-611, 4.1-614, 4.1-621, 4.1-1100, 4.1-1101, 4.1-1101.1, 4.1-1105.1, 4.1-1107 through 4.1-1110, 4.1-1112, 4.1-1302, 4.1-1500, 54.1-2519, 54.1-2521, 54.1-2522.1, as it is currently effective and as it shall become effective, 54.1-2903, 54.1-3408.3, and 54.1-3442.5 through 54.1-3442.8 of the Code of Virginia are amended and reenacted as follows:
§4.1-600. Definitions.
As used in this subtitle, unless the context requires a different meaning:
"Advertisement" or " advertising" means
any written or verbal statement, illustration, or depiction that is calculated
to induce sales of retail marijuana cannabis, retail marijuana
cannabis products, marijuana cannabis plants, or marijuana
cannabis seeds, including any written, printed, graphic,
digital, electronic, or other material, billboard, sign, or other outdoor
display, publication, or radio or television broadcast.
"Authority" means the Virginia Cannabis Control Authority created pursuant to this subtitle.
"Board" means the Board of Directors of the Virginia Cannabis Control Authority.
"Cannabis" means any part of a plant of the genus Cannabis, whether growing or not, its seeds or resin; and every compound, manufacture, salt, derivative, mixture, or preparation of such plant, its seeds, its resin, or any extract containing one or more cannabinoids. "Cannabis" does not include the mature stalks of such plant, fiber produced from such stalk, or oil or cake made from the seed of such plant, unless such stalks, fiber, oil, or cake is combined with other parts of plants of the genus Cannabis. "Cannabis" does not include (i) industrial hemp, as defined in §3.2-4112, that is possessed by a person registered pursuant to subsection A of §3.2-4115 or his agent or (ii) a hemp product containing a tetrahydrocannabinol concentration of no greater than 0.3 percent that is derived from industrial hemp, as defined in §3.2-4112, that is grown, dealt, or processed in compliance with state or federal law.
"Cannabis concentrate" means cannabis that has undergone a process to concentrate one or more active cannabinoids, thereby increasing the product's potency. Resin from granular trichomes from a cannabis plant is a concentrate for purposes of this subtitle.
"Cannabis cultivation facility" means a facility licensed under this subtitle to cultivate, label, and package retail cannabis; to purchase or take possession of cannabis plants and seeds from other cannabis cultivation facilities; to transfer possession of and sell retail cannabis, immature cannabis plants, and cannabis seeds to cannabis wholesalers and cannabis dispensing facilities; to transfer possession of and sell retail cannabis, cannabis plants, and cannabis seeds to other cannabis cultivation facilities; to transfer possession of and sell retail cannabis to cannabis manufacturing facilities; and to sell immature cannabis plants and cannabis seeds to consumers for the purpose of cultivating cannabis at home for personal use.
"Cannabis dispensing facility" means a facility licensed under this subtitle to purchase or take possession of retail cannabis, retail cannabis products, immature cannabis plants, or cannabis seeds from a cannabis cultivation facility, cannabis manufacturing facility, or cannabis wholesaler and to sell retail cannabis, retail cannabis products, immature cannabis plants, or cannabis seeds to consumers.
"Cannabis establishment" means a cannabis cultivation facility, a cannabis testing facility, a cannabis manufacturing facility, a cannabis wholesaler, or a cannabis dispensing facility.
"Cannabis manufacturing facility" means a facility licensed under this subtitle to manufacture, label, and package retail cannabis and retail cannabis products; to purchase or take possession of retail cannabis from a cannabis cultivation facility or another cannabis manufacturing facility; and to transfer possession of and sell retail cannabis and retail cannabis products to cannabis wholesalers, cannabis dispensing facility, or other cannabis manufacturing facilities.
"Cannabis paraphernalia" means all equipment, products, and materials of any kind that are either designed for use or are intended for use in planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing, strength testing, analyzing, packaging, repackaging, storing, containing, concealing, ingesting, inhaling, or otherwise introducing into the human body cannabis.
"Cannabis products" means (i) products that are composed of cannabis and other ingredients and are intended for use or consumption, ointments, and tinctures or (ii) cannabis concentrate.
"Cannabis testing facility" means a facility licensed under this subtitle to develop, research, or test cannabis, cannabis products, and other substances.
"Cannabis wholesaler" means a facility licensed under this subtitle to purchase or take possession of retail cannabis, retail cannabis products, immature cannabis plants, and cannabis seeds from a cannabis cultivation facility, a cannabis manufacturing facility, or another cannabis wholesaler and to transfer possession and sell or resell retail cannabis, retail cannabis products, immature cannabis plants, and cannabis seeds to a cannabis cultivation facility, cannabis manufacturing facility, cannabis dispensing facility, or another cannabis wholesaler.
"Cannabis Control Act" means Subtitle II (§4.1-600 et seq.).
"Child-resistant" means, with respect to packaging or a container, (i) specially designed or constructed to be significantly difficult for a typical child under five years of age to open and not to be significantly difficult for a typical adult to open and reseal and (ii) for any product intended for more than a single use or that contains multiple servings, resealable.
"Cultivation" or "cultivate" means the
planting, propagation, growing, harvesting, drying, curing, grading, trimming,
or other similar processing of marijuana cannabis for use or sale.
"Cultivation" or "cultivate" does not include manufacturing
or testing.
"Edible marijuana cannabis product" means a marijuana
cannabis product intended to be consumed orally, including marijuana
cannabis intended to be consumed orally or marijuana
cannabis concentrate intended to be consumed orally.
"Immature cannabis
plant" means a nonflowering marijuana cannabis plant that is no
taller than eight inches and no wider than eight inches, is produced from a
cutting, clipping, or seedling, and is growing in a container.
"Licensed" means the holding of a valid license granted by the Authority.
"Licensee" means any person to whom a license has been granted by the Authority.
"Manufacturing" or "manufacture" means the
production of marijuana cannabis products or the
blending, infusing, compounding, or other preparation of
marijuana cannabis
and marijuana
cannabis products, including
marijuana cannabis
extraction or preparation by means of chemical synthesis.
"Manufacturing" or "manufacture" does not include
cultivation or testing.
"Marijuana"
means any part of a plant of the genus Cannabis, whether growing or not, its
seeds or resin; and every compound, manufacture, salt, derivative, mixture, or
preparation of such plant, its seeds, its resin, or any extract containing one
or more cannabinoids. "Marijuana" does not include the mature stalks
of such plant, fiber produced from such stalk, or oil or cake made from the
seed of such plant, unless such stalks, fiber, oil, or cake is combined with
other parts of plants of the genus Cannabis. "Marijuana" does not
include (i) industrial hemp, as defined in §3.2-4112, that is possessed by a
person registered pursuant to subsection A of §3.2-4115 or his agent or (ii) a
hemp product, as defined in §3.2-4112, containing a tetrahydrocannabinol
concentration of no greater than 0.3 percent that is derived from industrial
hemp, as defined in §3.2-4112, that is grown, dealt, or processed in
compliance with state or federal law.
"Marijuana
concentrate" means marijuana that has undergone a process to concentrate
one or more active cannabinoids, thereby increasing the product's potency.
Resin from granular trichomes from a marijuana plant is a concentrate for
purposes of this subtitle.
"Marijuana
cultivation facility" means a facility licensed under this subtitle to
cultivate, label, and package retail marijuana; to purchase or take possession of
marijuana plants and seeds from other marijuana cultivation facilities; to
transfer possession of and sell retail marijuana, immature marijuana plants,
and marijuana seeds to marijuana wholesalers and retail marijuana stores; to
transfer possession of and sell retail marijuana, marijuana plants, and
marijuana seeds to other marijuana cultivation facilities; to transfer
possession of and sell retail marijuana to marijuana manufacturing facilities;
and to sell immature marijuana plants and marijuana seeds to consumers for the
purpose of cultivating marijuana at home for personal use.
"Marijuana
establishment" means a marijuana cultivation facility, a marijuana testing
facility, a marijuana manufacturing facility, a marijuana wholesaler, or a
retail marijuana store.
"Marijuana
manufacturing facility" means a facility licensed under this subtitle to
manufacture, label, and package retail marijuana and retail marijuana products;
to purchase or take possession of retail marijuana from a marijuana cultivation
facility or another marijuana manufacturing facility; and to transfer
possession of and sell retail marijuana and retail marijuana products to
marijuana wholesalers, retail marijuana stores, or other marijuana
manufacturing facilities.
"Marijuana
paraphernalia" means all equipment, products, and materials of any kind
that are either designed for use or are intended for use in planting,
propagating, cultivating, growing, harvesting, manufacturing, compounding,
converting, producing, processing, preparing, strength testing, analyzing,
packaging, repackaging, storing, containing, concealing, ingesting, inhaling,
or otherwise introducing into the human body marijuana.
"Marijuana
products" means (i) products that are composed of marijuana and other ingredients
and are intended for use or consumption, ointments, and tinctures or (ii)
marijuana concentrate.
"Marijuana
testing facility" means a facility licensed under this subtitle to
develop, research, or test marijuana, marijuana products, and other substances.
"Marijuana
wholesaler" means a facility licensed under this subtitle to purchase or
take possession of retail marijuana, retail marijuana products, immature
marijuana plants, and marijuana seeds from a marijuana cultivation facility, a
marijuana manufacturing facility, or another marijuana wholesaler and to
transfer possession and sell or resell retail marijuana, retail marijuana
products, immature marijuana plants, and marijuana seeds to a marijuana
cultivation facility, marijuana manufacturing facility, retail marijuana store,
or another marijuana wholesaler.
"Non-retail marijuana cannabis" means marijuana
cannabis that is not cultivated, manufactured, or sold by a
licensed marijuana
cannabis establishment.
"Non-retail marijuana cannabis products" means marijuana
cannabis products that are not manufactured and sold by a
licensed marijuana
cannabis establishment.
"Place or premises" means the real estate, together
with any buildings or other improvements thereon, designated in the application
for a license as the place at which the cultivation, manufacture, sale, or
testing of retail marijuana cannabis or retail marijuana
cannabis products shall be performed, except that portion
of any such building or other improvement actually and exclusively used as a
private residence.
"Public place" means any place, building, or conveyance to which the public has, or is permitted to have, access, including restaurants, soda fountains, hotel dining areas, lobbies and corridors of hotels, and any park, place of public resort or amusement, highway, street, lane, or sidewalk adjoining any highway, street, or lane.
"Residence" means any building or part of a building or structure where a person resides, but does not include any part of a building that is not actually and exclusively used as a private residence, nor any part of a hotel or club other than a private guest room thereof.
"Retail marijuana cannabis"
means marijuana
cannabis that is cultivated, manufactured, or sold by a
licensed marijuana
cannabis establishment.
"Retail marijuana cannabis products" means marijuana
cannabis products that are manufactured and sold by a
licensed marijuana
cannabis establishment.
"Retail
marijuana store" means a facility licensed under this
subtitle to purchase or take possession of retail
marijuana, retail marijuana
products, immature marijuana
plants, or marijuana seeds from a
marijuana cultivation facility,
marijuana manufacturing facility, or
marijuana wholesaler and to sell retail
marijuana, retail marijuana
products, immature marijuana
plants, or marijuana seeds to consumers.
"Sale" and "sell" includes soliciting or
receiving an order for; keeping, offering, or exposing for sale; peddling,
exchanging, or bartering; or delivering otherwise than gratuitously, by any means,
retail marijuana
cannabis or retail marijuana cannabis products.
"Special agent" means an employee of the Virginia Cannabis Control Authority whom the Board has designated as a law-enforcement officer pursuant to this subtitle.
"Testing" or "test" means the research and
analysis of marijuana cannabis,
marijuana cannabis
products, or other substances for contaminants, safety, or potency.
"Testing" or "test" does not include cultivation or
manufacturing.
§4.1-601. Virginia Cannabis Control Authority created; public purpose.
A. The General Assembly has determined that there exists in
the Commonwealth a need to control the possession, sale, transportation,
distribution, and delivery of retail marijuana cannabis and retail marijuana
cannabis products in the Commonwealth. Further, the General
Assembly determines that the creation of an authority for this purpose is in
the public interest, serves a public purpose, and will promote the health,
safety, welfare, convenience, and prosperity of the people of the Commonwealth.
To achieve this objective, there is hereby created an independent political
subdivision of the Commonwealth, exclusive of the legislative, executive, or
judicial branches of state government, to be known as the Virginia Cannabis
Control Authority. The Authority's exercise of powers and duties conferred by
this subtitle shall be deemed the performance of an essential governmental
function and a matter of public necessity for which public moneys may be spent.
B. The Board of Directors of the Authority is vested with
control of the possession, sale, transportation, distribution, and delivery of
retail marijuana
cannabis and retail marijuana cannabis products in the
Commonwealth, with plenary power to prescribe and enforce regulations and
conditions under which retail marijuana cannabis and retail marijuana
cannabis products are possessed, sold, transported,
distributed, and delivered, so as to prevent any corrupt, incompetent,
dishonest, or unprincipled practices and to promote the health, safety, welfare,
convenience, and prosperity of the people of the Commonwealth. The exercise of
the powers granted by this subtitle shall be in all respects for the benefit of
the citizens of the Commonwealth and for the promotion of their safety, health,
welfare, and convenience. No part of the assets or net earnings of the
Authority shall inure to the benefit of, or be distributable to, any private
individual, except that reasonable compensation may be paid for services
rendered to or for the Authority affecting one or more of its purposes, and
benefits may be conferred that are in conformity with said purposes, and no
private individual shall be entitled to share in the distribution of any of the
corporate assets on dissolution of the Authority.
§4.1-603. Cannabis Public Health Advisory Council; purpose; membership; quorum; meetings; compensation and expenses; duties.
A. The Cannabis Public Health Advisory Council (the Advisory
Council) is established as an advisory council to the Board. The purpose of the
Advisory Council is to assess and monitor public health issues, trends, and
impacts related to marijuana cannabis and marijuana
cannabis legalization and make recommendations regarding
health warnings, retail marijuana cannabis and retail marijuana
cannabis products safety and product composition, and
public health awareness, programming, and related resource needs.
B. The Advisory Council shall have a total membership of 21 members that shall consist of 14 nonlegislative citizen members and seven ex officio members. Nonlegislative citizen members of the Council shall be citizens of the Commonwealth and shall reflect the racial, ethnic, gender, and geographic diversity of the Commonwealth. Nonlegislative citizen members shall be appointed as follows: four to be appointed by the Senate Committee on Rules, one of whom shall be a representative from the Virginia Foundation for Healthy Youth, one of whom shall be a representative from the Virginia Chapter of the American Academy of Pediatrics, one of whom shall be a representative from the Medical Society of Virginia, and one of whom shall be a representative from the Virginia Pharmacists Association; six to be appointed by the Speaker of the House of Delegates, one of whom shall be a representative from a community services board, one of whom shall be a person or health care provider with expertise in substance use disorder treatment and recovery, one of whom shall be a person or health care provider with expertise in substance use disorder prevention, one of whom shall be a person with experience in disability rights advocacy, one of whom shall be a person with experience in veterans health care, and one of whom shall be a person with a social or health equity background; and four to be appointed by the Governor, subject to confirmation by the General Assembly, one of whom shall be a representative of a local health district, one of whom shall be a person who is part of the cannabis industry, one of whom shall be an academic researcher knowledgeable about cannabis, and one of whom shall be a registered medical cannabis patient.
The Secretary of Health and Human Resources, the Commissioner of Health, the Commissioner of Behavioral Health and Developmental Services, the Commissioner of Agriculture and Consumer Services, the Director of the Department of Health Professions, the Director of the Department of Forensic Science, and the Chief Executive Officer of the Virginia Cannabis Control Authority, or their designees, shall serve ex officio with voting privileges. Ex officio members of the Advisory Council shall serve terms coincident with their terms of office.
After the initial staggering of terms, nonlegislative citizen members shall be appointed for a term of four years. Appointments to fill vacancies, other than by expiration of a term, shall be for the unexpired terms. Vacancies shall be filled in the same manner as the original appointments. All members may be reappointed.
The Advisory Council shall be chaired by the Secretary of Health and Human Resources or his designee. The Advisory Council shall select a vice-chairman from among its membership. A majority of the members shall constitute a quorum. The Advisory Council shall meet at least two times each year and shall meet at the call of the chairman or whenever the majority of the members so request.
The Advisory Council shall have the authority to create subgroups with additional stakeholders, experts, and state agency representatives.
C. Members shall receive no compensation for the performance of their duties but shall be reimbursed for all reasonable and necessary expenses incurred in the performance of their duties as provided in §§2.2-2813 and 2.2-2825.
D. The Advisory Council shall have the following duties, in addition to duties that may be necessary to fulfill its purpose as described in subsection A:
1. To review multi-agency efforts to support collaboration and
a unified approach on public health responses related to
marijuana cannabis
and marijuana
cannabis legalization in the Commonwealth and to develop
recommendations as necessary.
2. To monitor changes in drug use data related to marijuana
cannabis and marijuana cannabis legalization in the
Commonwealth and the science and medical information relevant to the potential
health risks associated with such drug use, and make appropriate
recommendations to the Department of Health and the Board.
3. Submit an annual report to the Governor and the General Assembly for publication as a report document as provided in the procedures of the Division of Legislative Automated Systems for the processing of legislative documents and reports. The chairman shall submit to the Governor and the General Assembly an annual executive summary of the interim activity and work of the Advisory Council no later than the first day of each regular session of the General Assembly. The executive summary shall be submitted as a report document as provided in the procedures of the Division of Legislative Automated Systems for the processing of legislative documents and reports and shall be posted on the General Assembly's website.
§4.1-604. Powers and duties of the Board.
The Board shall have the following powers and duties:
1. Promulgate regulations in accordance with the Administrative Process Act (§2.2-4000 et seq.) and §4.1-606;
2. Control the possession, sale, transportation, and delivery
of marijuana
cannabis and marijuana cannabis products;
3. Grant, suspend, and revoke licenses for the cultivation,
manufacture, distribution, sale, and testing of
marijuana cannabis
and marijuana
cannabis products as provided by law;
4. Determine the nature, form, and capacity of all containers
used for holding marijuana cannabis products to be kept or
sold and prescribe the form and content of all labels and seals to be placed
thereon;
5. Maintain actions to enjoin common nuisances as defined in § 4.1-1113;
6. Establish standards and implement an online course for
employees of retail
marijuana stores
cannabis dispensing facilities that trains employees on how
to educate consumers on the potential risks of
marijuana cannabis
use;
7. Establish a plan to develop and disseminate to retail marijuana
store cannabis dispensing
facility licensees a pamphlet or similar document regarding
the potential risks of marijuana cannabis use to be prominently
displayed and made available to consumers;
8. Establish a position for a Cannabis Social Equity Liaison
who shall lead the Cannabis Business Equity and Diversity Support Team and
liaise with the Director of Diversity, Equity, and Inclusion on matters related
to diversity, equity, and inclusion standards in the
marijuana cannabis
industry;
9. Establish a Cannabis Business Equity and Diversity Support
Team, which shall (i) develop requirements for the creation and submission of
diversity, equity, and inclusion plans by persons who wish to possess a license
in more than one license category pursuant to subsection C of §4.1-805, which
may include a requirement that the licensee participate in social equity
apprenticeship plan, and an approval process and requirements for
implementation of such plans; (ii) be responsible for conducting an analysis of
potential barriers to entry for small, women-owned, and minority-owned businesses
and veteran-owned businesses interested in participating in the marijuana
cannabis industry and recommending strategies to
effectively mitigate such potential barriers; (iii) provide assistance with
business planning for potential marijuana cannabis establishment
licensees; (iv) spread awareness of business opportunities related to the marijuana
cannabis marketplace in areas disproportionately impacted
by marijuana
cannabis prohibition and enforcement; (v) provide technical
assistance in navigating the administrative process to potential marijuana
cannabis establishment licensees; and (vi) conduct other
outreach initiatives in areas disproportionately impacted by marijuana
cannabis prohibition and enforcement as necessary;
10. Establish a position for an individual with professional experience in a health related field who shall staff the Cannabis Public Health Advisory Council, established pursuant to §4.1-603, liaise with the Office of the Secretary of Health and Human Resources and relevant health and human services agencies and organizations, and perform other duties as needed.
11. Establish and implement a plan, in coordination with the
Cannabis Social Equity Liaison and the Director of Diversity, Equity, and
Inclusion to promote and encourage participation in the
marijuana cannabis
industry by people from communities that have been disproportionately impacted
by marijuana
cannabis prohibition and enforcement and to positively
impact those communities;
12. Sue and be sued, implead and be impleaded, and complain and defend in all courts;
13. Adopt, use, and alter at will a common seal;
14. Fix, alter, charge, and collect rates, rentals, fees, and other charges for the use of property of, the sale of products of, or services rendered by the Authority at rates to be determined by the Authority for the purpose of providing for the payment of the expenses of the Authority;
15. Make and enter into all contracts and agreements necessary or incidental to the performance of its duties, the furtherance of its purposes, and the execution of its powers under this subtitle, including agreements with any person or federal agency;
16. Employ, at its discretion, consultants, researchers, architects, engineers, accountants, financial experts, investment bankers, superintendents, managers, and such other employees and special agents as may be necessary and fix their compensation to be payable from funds made available to the Authority. Legal services for the Authority shall be provided by the Attorney General in accordance with Chapter 5 (§2.2-500 et seq.) of Title 2.2;
17. Receive and accept from any federal or private agency, foundation, corporation, association, or person grants or other aid to be expended in accomplishing the objectives of the Authority, and receive and accept from the Commonwealth or any state and any municipality, county, or other political subdivision thereof or from any other source aid or contributions of either money, property, or other things of value, to be held, used, and applied only for the purposes for which such grants and contributions may be made. All federal moneys accepted under this section shall be accepted and expended by the Authority upon such terms and conditions as are prescribed by the United States and as are consistent with state law, and all state moneys accepted under this section shall be expended by the Authority upon such terms and conditions as are prescribed by the Commonwealth;
18. Adopt, alter, and repeal bylaws, rules, and regulations governing the manner in which its business shall be transacted and the manner in which the powers of the Authority shall be exercised and its duties performed. The Board may delegate or assign any duty or task to be performed by the Authority to any officer or employee of the Authority. The Board shall remain responsible for the performance of any such duties or tasks. Any delegation pursuant to this subdivision shall, where appropriate, be accompanied by written guidelines for the exercise of the duties or tasks delegated. Where appropriate, the guidelines shall require that the Board receive summaries of actions taken. Such delegation or assignment shall not relieve the Board of the responsibility to ensure faithful performance of the duties and tasks;
19. Conduct or engage in any lawful business, activity, effort, or project consistent with the Authority's purposes or necessary or convenient to exercise its powers;
20. Develop policies and procedures generally applicable to the procurement of goods, services, and construction, based upon competitive principles;
21. Develop policies and procedures consistent with Article 4 (§2.2-4347 et seq.) of Chapter 43 of Title 2.2;
22. Acquire, purchase, hold, use, lease, or otherwise dispose of any property, real, personal or mixed, tangible or intangible, or any interest therein necessary or desirable for carrying out the purposes of the Authority; lease as lessee any property, real, personal or mixed, tangible or intangible, or any interest therein, at such annual rental and on such terms and conditions as may be determined by the Board; lease as lessor to any person any property, real, personal or mixed, tangible or intangible, or any interest therein, at any time acquired by the Authority, whether wholly or partially completed, at such annual rental and on such terms and conditions as may be determined by the Board; sell, transfer, or convey any property, real, personal or mixed, tangible or intangible, or any interest therein, at any time acquired or held by the Authority on such terms and conditions as may be determined by the Board; and occupy and improve any land or building required for the purposes of this subtitle;
23. Purchase, lease, or acquire the use of, by any manner, any plant or equipment that may be considered necessary or useful in carrying into effect the purposes of this subtitle, including rectifying, blending, and processing plants;
24. Appoint every agent and employee required for its operations, require any or all of them to give bonds payable to the Commonwealth in such penalty as shall be fixed by the Board, and engage the services of experts and professionals;
25. Hold and conduct hearings, issue subpoenas requiring the attendance of witnesses and the production of records, memoranda, papers, and other documents before the Board or any agent of the Board, and administer oaths and take testimony thereunder. The Board may authorize any Board member or agent of the Board to hold and conduct hearings, issue subpoenas, administer oaths and take testimony thereunder, and decide cases, subject to final decision by the Board, on application of any party aggrieved. The Board may enter into consent agreements and may request and accept from any applicant or licensee a consent agreement in lieu of proceedings on (i) objections to the issuance of a license or (ii) disciplinary action. Any such consent agreement shall include findings of fact and may include an admission or a finding of a violation. A consent agreement shall not be considered a case decision of the Board and shall not be subject to judicial review under the provisions of the Administrative Process Act (§2.2-4000 et seq.), but may be considered by the Board in future disciplinary proceedings;
26. Make a reasonable charge for preparing and furnishing statistical information and compilations to persons other than (i) officials, including court and police officials, of the Commonwealth and of its subdivisions if the information requested is for official use and (ii) persons who have a personal or legal interest in obtaining the information requested if such information is not to be used for commercial or trade purposes;
27. Assess and collect civil penalties and civil charges for violations of this subtitle and Board regulations;
28. Review and approve any proposed legislative or regulatory changes suggested by the Chief Executive Officer as the Board deems appropriate;
29. Report quarterly to the Secretary of Public Safety and Homeland Security on the law-enforcement activities undertaken to enforce the provisions of this subtitle;
30. Establish and collect fees for all permits set forth in this subtitle, including fees associated with applications for such permits;
31. Develop and make available on its website guidance
documents regarding compliance and safe practices for persons who cultivate marijuana
cannabis at home for personal use, which shall include
information regarding cultivation practices that promote personal and public
safety, including child protection, and discourage practices that create a
nuisance;
32. Develop and make available on its website a resource that
provides information regarding (i) responsible
marijuana cannabis
consumption; (ii) health risks and other dangers associated with marijuana
cannabis consumption, including inability to operate a
motor vehicle and other types of transportation and equipment; and (iii)
ancillary effects of marijuana cannabis consumption,
including ineligibility for certain employment opportunities. The Board shall
require that the web address for such resource be included on the label of all
retail marijuana
cannabis and retail marijuana cannabis product as provided
in §4.1-1402; and
33. Do all acts necessary or advisable to carry out the purposes of this subtitle.
§4.1-606. Regulations of the Board.
A. The Board may promulgate reasonable regulations, not
inconsistent with this subtitle or the general laws of the Commonwealth, that
it deems necessary to carry out the provisions of this subtitle and to prevent
the illegal cultivation, manufacture, sale, and testing of
marijuana cannabis
and marijuana
cannabis products. The Board may amend or repeal such
regulations. Such regulations shall be promulgated, amended, or repealed in
accordance with the Administrative Process Act (§2.2-4000 et seq.) and shall
have the effect of law.
B. The Board shall promulgate regulations that:
1. Govern the outdoor cultivation of
marijuana cannabis
by a marijuana
cannabis cultivation facility licensee, including security
requirements to include lighting, physical security, and alarm requirements,
provided that such requirements do not prohibit the cultivation of marijuana
cannabis outdoors or in a greenhouse;
2. Establish requirements for securely transporting marijuana
cannabis between marijuana cannabis establishments;
3. Establish sanitary standards for retail
marijuana cannabis
product preparation;
4. Establish a testing program for retail
marijuana cannabis
and retail marijuana cannabis products pursuant to
Chapter 14 (§4.1-1400 et seq.);
5. Establish an application process for licensure as a marijuana
cannabis establishment pursuant to this subtitle in a way
that, when possible, prevents disparate impacts on historically disadvantaged
communities;
6. Establish requirements for health and safety warning labels
to be placed on retail marijuana cannabis and retail marijuana
cannabis products to be sold or offered for sale by a
licensee to a consumer in accordance with the provisions of this subtitle;
7. Establish a maximum tetrahydrocannabinol level for retail marijuana
cannabis products, which shall not exceed (i) five
milligrams per serving for edible marijuana cannabis products and where
practicable an equivalent amount for other
marijuana cannabis
products or (ii) 50 milligrams per package for edible
marijuana cannabis
products and where practicable an equivalent amount for other marijuana
cannabis products. Such regulations may include other
product and dispensing limitations on tetrahydrocannabinol;
8. Establish requirements for the form, content, and retention of all records and accounts by all licensees;
9. Provide alternative methods for licensees to maintain and store business records that are subject to Board inspection, including methods for Board-approved electronic and offsite storage;
10. Establish (i) criteria by which to evaluate new licensees
based on the density of retail
marijuana stores
cannabis dispensing facilities in the community and (ii)
metrics that have similarly shown an association with negative community-level
health outcomes or health disparities. In promulgating such regulations, the
Board shall coordinate with the Cannabis Public Health Advisory Council
established pursuant to §4.1-603;
11. Require retail licensees to file an appeal from any hearing decision rendered by a hearing officer within 30 days of the date the notice of the decision is sent. The notice shall be sent to the licensee at the address on record with the Board by certified mail, return receipt requested, and by regular mail;
12. Prescribe the schedule of proration for refunded license fees to licensees who qualify pursuant to subsection C of §4.1-1002;
13. Establish criteria by which to evaluate social equity
license applicants, which shall be an applicant who has lived or been domiciled
for at least 12 months in the Commonwealth and is either (i) an applicant with
at least 66 percent ownership by a person or persons who have been convicted of
or adjudicated delinquent for any misdemeanor violation of §18.2-248.1, former
§18.2-250.1, or subsection A of §18.2-265.3 as it relates to marijuana
cannabis; (ii) an applicant with at least 66 percent
ownership by a person or persons who is the parent, child, sibling, or spouse
of a person who has been convicted of or adjudicated delinquent for any
misdemeanor violation of §18.2-248.1, former §18.2-250.1, or subsection A of
§18.2-265.3 as it relates to marijuana cannabis; (iii) an applicant
with at least 66 percent ownership by a person or persons who have resided for
at least three of the past five years in a jurisdiction that is determined by
the Board after utilizing census tract data made available by the United States
Census Bureau to have been disproportionately policed for
marijuana cannabis
crimes; (iv) an applicant with at least 66 percent ownership by a person or
persons who have resided for at least three of the last five years in a
jurisdiction determined by the Board after utilizing census tract data made
available by the United States Census Bureau to be economically distressed; or
(v) an applicant with at least 66 percent ownership by a person or persons who
graduated from a historically black college or university located in the
Commonwealth;
14. For the purposes of establishing criteria by which to
evaluate social equity license applicants, establish standards by which to
determine (i) which jurisdictions have been disproportionately policed for marijuana
cannabis crimes and (ii) which jurisdictions are
economically distressed;
15. Establish standards and requirements for (i) any preference in the licensing process for qualified social equity applicants, (ii) what percentage of application or license fees are waived for a qualified social equity applicant, and (iii) a low-interest business loan program for qualified social equity applicants;
16. Establish guidelines, in addition to requirements set
forth in this subtitle, for the personal cultivation of
marijuana cannabis
that promote personal and public safety, including child protection, and
discourage personal cultivation practices that create a nuisance, including a
nuisance caused by odor;
17. Establish reasonable time, place, and manner restrictions
on outdoor advertising of retail marijuana cannabis or retail marijuana
cannabis products, not inconsistent with the provisions of
this chapter, so that such advertising displaces the illicit market and
notifies the public of the location of marijuana cannabis establishments. Such
regulations shall be promulgated in accordance with §4.1-1404;
18. Establish restrictions on the number of licenses that a
person may be granted to operate a marijuana cannabis establishment in
single locality or region; and
19. Establish restrictions on pharmaceutical processors and
industrial hemp processors that have been granted a license in more than one
license category pursuant to subsection C of §4.1-805 that ensure all
licensees have an equal and meaningful opportunity to participate in the
market. Such regulations may limit the amount of products cultivated or
manufactured by the pharmaceutical processor or industrial hemp processor that
such processor may offer for sale in its retail
marijuana stores
cannabis dispensing facilities.
C. The Board may promulgate regulations that:
1. Limit the number of licenses issued by type or class to
operate a marijuana
cannabis establishment; however, the number of licenses
issued shall not exceed the following limits:
a. Retail
marijuana stores
Cannabis distribution facilities, 400;
b. Marijuana Cannabis wholesalers, 25;
c. Marijuana Cannabis manufacturing facilities,
60; and
d. Marijuana Cannabis cultivation
facilities, 450.
In determining the number of licenses issued pursuant to this subdivision, the Board shall not consider any license granted pursuant to subsection C of §4.1-805 to (i) a pharmaceutical processor that has been issued a permit by the Board of Pharmacy pursuant to Article 4.2 (§54.1-3442.5 et seq.) of the Drug Control Act or (ii) an industrial hemp processor registered with the Commissioner of Agriculture and Consumer Services pursuant to Chapter 41.1 (§3.2-4112 et seq.) of Title 3.2.
2. Prescribe any requirements deemed appropriate for the administration of taxes under §§4.1-1003 and 4.1-1004, including method of filing a return, information required on a return, and form of payment.
3. Limit the allowable square footage of a
retail marijuana store cannabis dispensing facility,
which shall not exceed 1,500 square feet.
4. Allow certain persons to be granted or have interest in a
license in more than one of the following license categories: marijuana
cannabis cultivation facility license,
marijuana cannabis
manufacturing facility license, marijuana cannabis wholesaler license,
or retail marijuana
store cannabis dispensing
facility license. Such regulations shall be drawn narrowly
to limit vertical integration to small businesses and ensure that all licensees
have an equal and meaningful opportunity to participate in the market.
D. Board regulations shall be uniform in their application, except those relating to hours of sale for licensees.
E. Courts shall take judicial notice of Board regulations.
F. The Board shall consult with the Cannabis Public Health Advisory Council in promulgating any regulations relating to public health, including regulations promulgated pursuant to subdivision B 3, 4, 6, 7, 10, or 16, and shall not promulgate any such regulation that has not been approved by a majority of the members of the Cannabis Public Health Advisory Council.
G. With regard to regulations governing licensees that have been issued a permit by the Board of Pharmacy to operate as a pharmaceutical processor or cannabis dispensing facility pursuant to Article 4.2 (§ 54.1-3442.5 et seq.) of the Drug Control Act, the Board shall make reasonable efforts (i) to align such regulations with any applicable regulations promulgated by the Board of Pharmacy that establish health, safety, and security requirements for pharmaceutical processors and cannabis dispensing facilities and (ii) to deem in compliance with applicable regulations promulgated pursuant to this subtitle such pharmaceutical processors and cannabis dispensing facilities that have been found to be in compliance with regulations promulgated by the Board of Pharmacy that mirror or are more extensive in scope than similar regulations promulgated pursuant to this subtitle.
H. The Board's power to regulate shall be broadly construed.
§4.1-609. Background investigations of Board members and Chief Executive Officer.
All members of the Board and the Chief Executive Officer shall
be fingerprinted before, and as a condition of, appointment. These fingerprints
shall be submitted to the Federal Bureau of Investigation for a national
criminal history records search and to the Department of State Police for a
Virginia criminal history records search. The Department of State Police shall
be reimbursed by the Authority for the cost of investigations conducted
pursuant to this section. No person shall be appointed to the Board or
appointed by the Board who (i) has defrauded or attempted to defraud any
federal, state, or local government or governmental agency or authority by
making or filing any report, document, or tax return required by statute or
regulation that is fraudulent or contains a false representation of a material
fact; (ii) has willfully deceived or attempted to deceive any federal, state,
or local government or governmental agency or governmental authority by making
or maintaining business records required by statute or regulation that are
false and fraudulent; or (iii) has been convicted of (a) a felony or a crime
involving moral turpitude or (b) a violation of any law applicable to the
manufacture, transportation, possession, use, or sale of
marijuana cannabis
within the five years immediately preceding appointment.
§4.1-611. Seed-to-sale tracking system.
To ensure that no retail
marijuana cannabis
or retail marijuana
cannabis products grown or processed by a marijuana
cannabis establishment are sold or otherwise transferred
except as authorized by law, the Board shall develop and maintain a
seed-to-sale tracking system that tracks retail
marijuana cannabis
from either the seed or immature plant stage until the retail marijuana
cannabis or retail marijuana cannabis product is sold to a
customer at a retail
marijuana store
cannabis dispensing facility.
§4.1-614. Disposition of moneys collected by the Board.
A. All moneys collected by the Board shall be paid directly and promptly into the state treasury, or shall be deposited to the credit of the State Treasurer in a state depository, without any deductions on account of salaries, fees, costs, charges, expenses, refunds, or claims of any description whatever, as required by §2.2-1802.
All moneys so paid into the state treasury, less the net profits determined pursuant to subsection C, shall be set aside as and constitute an Enterprise Fund, subject to appropriation, for the payment of (i) the salaries and remuneration of the members, agents, and employees of the Board and (ii) all costs and expenses incurred in the administration of this subtitle.
B. The net profits derived under the provisions of this subtitle shall be transferred by the Comptroller to the general fund of the state treasury quarterly, within 50 days after the close of each quarter or as otherwise provided in the appropriation act. As allowed by the Governor, the Board may deduct from the net profits quarterly a sum for the creation of a reserve fund not exceeding the sum of $2.5 million in connection with the administration of this subtitle and to provide for the depreciation on the buildings, plants, and equipment owned, held, or operated by the Board. After accounting for the Authority's expenses as provided in subsection A, net profits shall be appropriated in the general appropriation act as follows:
1. Forty percent to pre-kindergarten programs for at-risk three-year-olds and four-year-olds;
2. Thirty percent to the Cannabis Equity Reinvestment Fund established pursuant to §2.2-2499.8;
3. Twenty-five percent to the Department of Behavioral Health and Developmental Services, which shall distribute such appropriated funds to community services boards for the purpose of administering substance use disorder prevention and treatment programs; and
4. Five percent to public health programs, including public awareness campaigns that are designed to prevent drugged driving, discourage consumption by persons younger than 21 years of age, and inform the public of other potential risks.
C. As used in this section, "net profits" means the
total of all moneys collected by the Board, less local
marijuana cannabis
tax revenues collected under §4.1-1004 and distributed pursuant to §4.1-614
and all costs, expenses, and charges authorized by this section.
D. All local tax revenues collected under §4.1-1004 shall be
paid into the state treasury as provided in subsection A and credited to a
special fund, which is hereby created on the Comptroller's books under the name
"Collections of Local Marijuana Cannabis Taxes." The
revenues shall be credited to the account of the locality in which they were
collected. If revenues were collected from a
marijuana cannabis
establishment located in more than one locality by reason of the boundary line
or lines passing through the marijuana cannabis establishment, tax
revenues shall be distributed pro rata among the localities. The Authority
shall provide to the Comptroller any records and assistance necessary for the
Comptroller to determine the locality to which tax revenues are attributable.
On a quarterly basis, the Comptroller shall draw his warrant on the Treasurer of Virginia in the proper amount in favor of each locality entitled to the return of its tax revenues, and such payments shall be charged to the account of each such locality under the special fund created by this section. If errors are made in any such payment, or adjustments are otherwise necessary, whether attributable to refunds to taxpayers, or to some other fact, the errors shall be corrected and adjustments made in the payments for the next quarter.
§4.1-621. Certain information not to be made public.
Neither the Board nor its employees shall divulge any
information regarding (i) financial reports or records required pursuant to
this subtitle; (ii) the purchase orders and invoices for retail marijuana
cannabis or retail marijuana cannabis products filed with
the Board by marijuana cannabis wholesaler licensees;
(iii) taxes collected from, refunded to, or adjusted for any person; or (iv)
information contained in the seed-to-sale tracking system maintained by the
Board pursuant to §4.1-611. The provisions of §58.1-3 shall apply, mutatis
mutandis, to taxes collected pursuant to this subtitle and to purchase orders
and invoices for retail marijuana cannabis or retail marijuana
cannabis products filed with the Board by marijuana
cannabis wholesaler licensees.
Nothing contained in this section shall prohibit the use or
release of such information or documents by the Board to any governmental or
law-enforcement agency, or when considering the granting, denial, revocation,
or suspension of a license or permit, or the assessment of any penalty against
a licensee or permittee, nor shall this section prohibit the Board or its
employees from compiling and disseminating to any member of the public
aggregate statistical information pertaining to (a) tax collection, as long as
such information does not reveal or disclose tax collection from any identified
licensee; (b) the total amount of retail marijuana cannabis or retail marijuana
cannabis products sales in the Commonwealth by marijuana
cannabis wholesaler licensees collectively; or (c) the
total amount of purchases or sales submitted by licensees, provided that such
information does not identify the licensee.
§4.1-1100. Possession, etc., of cannabis and cannabis products by persons 21 years of age or older lawful; penalties.
A. Except as otherwise provided in this subtitle and
notwithstanding any other provision of law, a person 21 years of age or older
may lawfully possess on his person or in any public place not more than one
ounce of marijuana
cannabis or an equivalent amount of
marijuana cannabis
product as determined by regulation promulgated by the Board.
B. Any person who possesses on his person or in any public
place marijuana
cannabis or marijuana cannabis products in excess of
the amounts set forth in subsection A is subject to a civil penalty of no more
than $25. The penalty for any violations of this section by an adult shall be
prepayable according to the procedures in §16.1-69.40:2.
C. With the exception of a licensee in the course of his
duties related to such licensee's marijuana cannabis establishment, any
person who possesses on his person or in any public place more than one pound
of marijuana
cannabis or an equivalent amount of
marijuana cannabis
product as determined by regulation promulgated by the Board is guilty of a
felony punishable by a term of imprisonment of not less than one year nor more
than 10 years and a fine of not more than $250,000, or both.
D. The provisions of this section shall not apply to members
of federal, state, county, city, or town law-enforcement agencies, jail
officers, or correctional officers, as defined in §53.1-1, certified as
handlers of dogs trained in the detection of controlled substances when
possession of marijuana cannabis is necessary for the
performance of their duties.
§4.1-1101. Home cultivation of cannabis for personal use; penalties.
A. Notwithstanding the provisions of subdivision c of §
18.2-248.1, a person 21 years of age or older may cultivate up to four marijuana
cannabis plants for personal use at their place of
residence; however, at no point shall a household contain more than four marijuana
cannabis plants. For purposes of this section, a
"household" means those individuals, whether related or not, who live
in the same house or other place of residence.
A person may only cultivate
marijuana cannabis
plants pursuant to this section at such person's main place of residence.
B. A person who cultivates
marijuana cannabis
for personal use pursuant to this section shall:
1. Ensure that no marijuana cannabis plant is visible from
a public way without the use of aircraft, binoculars, or other optical aids;
2. Take precautions to prevent unauthorized access by persons younger than 21 years of age; and
3. Attach to each marijuana cannabis plant a legible tag
that includes the person's name, driver's license or identification number, and
a notation that the marijuana cannabis plant is being grown
for personal use as authorized under this section.
C. A person shall not manufacture
marijuana cannabis
concentrate from home-cultivated marijuana cannabis. The owner of a
property or parcel or tract of land may not intentionally or knowingly allow
another person to manufacture marijuana cannabis concentrate from home-cultivated marijuana
cannabis within or on that property or land.
D. The following penalties or punishments shall be imposed on any person convicted of a violation of this section:
1. For possession of more than four
marijuana cannabis
plants but no more than 10 marijuana cannabis plants, (i) a civil
penalty of $250 for a first offense, (ii) a Class 3 misdemeanor for a second
offense, and (iii) a Class 2 misdemeanor for a third and any subsequent
offense;
2. For possession of more than 10 but no more than 49 marijuana
cannabis plants, a Class 1 misdemeanor;
3. For possession of more than 49 but no more than 100 marijuana
cannabis plants, a Class 6 felony; and
4. For possession of more than 100
marijuana cannabis
plants, a felony punishable by a term of imprisonment of not less than one year
nor more than 10 years and a fine of not more than $250,000, or both.
§4.1-1101.1. Adult sharing of cannabis.
A. For the purposes of this section, "adult sharing"
means transferring marijuana cannabis between persons who
are 21 years of age or older without remuneration. "Adult sharing"
does not include instances in which (i) marijuana cannabis is given away
contemporaneously with another reciprocal transaction between the same parties;
(ii) a gift of marijuana cannabis is offered or
advertised in conjunction with an offer for the sale of goods or services; or
(iii) a gift of marijuana cannabis is contingent upon a
separate reciprocal transaction for goods or services.
B. Notwithstanding the provisions of §18.2-248.1, no civil or
criminal penalty may be imposed for adult sharing of an amount of marijuana
cannabis that does not exceed one ounce or of an equivalent
amount of marijuana
cannabis products.
§4.1-1105.1. Possession of cannabis or cannabis products unlawful in certain cases; venue; exceptions; penalties; treatment and education programs and services.
A. No person younger than 21 years of age shall consume or
possess, or attempt to consume or possess, any
marijuana cannabis
or marijuana
cannabis products, except by any federal, state, or local
law-enforcement officer or his agent when possession of
marijuana cannabis
or marijuana
cannabis products is necessary in the performance of his
duties. Such person may be prosecuted either in the county or city in which the marijuana
cannabis or marijuana cannabis products were
possessed or consumed or in the county or city in which the person exhibits
evidence of physical indicia of consumption of
marijuana cannabis
or marijuana
cannabis products.
B. Any person 18 years of age or older who violates subsection A is subject to a civil penalty of no more than $25 and shall be ordered to enter a substance abuse treatment or education program or both, if available, that in the opinion of the court best suits the needs of the accused.
C. Any juvenile who violates subsection A is subject to a civil penalty of no more than $25 and the court shall require the accused to enter a substance abuse treatment or education program or both, if available, that in the opinion of the court best suits the needs of the accused. For purposes of §§16.1-266, 16.1-273, 16.1-278.8, 16.1-278.8:01, and 16.1-278.9, the court shall treat the child as delinquent.
D. Any such substance abuse treatment or education program to which a person is ordered pursuant to this section shall be provided by (i) a program licensed by the Department of Behavioral Health and Developmental Services or (ii) a program or services made available through a community-based probation services agency established pursuant to Article 9 (§9.1-173 et seq.) of Chapter 1 of Title 9.1, if one has been established for the locality. When an offender is ordered to a local community-based probation services agency, the local community-based probation services agency shall be responsible for providing for services or referring the offender to education or treatment services as a condition of probation.
E. Any civil penalties collected pursuant to this section shall be deposited into the Drug Offender Assessment and Treatment Fund established pursuant to §18.2-251.02.
§4.1-1107. Using or consuming cannabis or cannabis products while in a motor vehicle being driven upon a public highway; penalty.
A. For the purposes of this section:
"Open container" means any vessel containing marijuana
cannabis or marijuana cannabis products, except the
originally sealed manufacturer's container.
"Passenger area" means the area designed to seat the driver of any motor vehicle, any area within the reach of the driver, including an unlocked glove compartment, and the area designed to seat passengers. "Passenger area" does not include the trunk of any passenger vehicle; the area behind the last upright seat of a passenger van, station wagon, hatchback, sport utility vehicle or any similar vehicle; the living quarters of a motor home; or the passenger area of a motor vehicle designed, maintained, or used primarily for the transportation of persons for compensation, including a bus, taxi, or limousine, while engaged in the transportation of such persons.
B. It is unlawful for any person to use or consume marijuana
cannabis or marijuana cannabis products while
driving a motor vehicle upon a public highway of the Commonwealth or while
being a passenger in a motor vehicle being driven upon a public highway of the
Commonwealth.
C. A judge or jury may make a permissive inference that a
person has consumed marijuana cannabis or marijuana
cannabis products in violation of this section if (i) an open
container is located within the passenger area of the motor vehicle, (ii) the marijuana
cannabis or marijuana cannabis products in the open
container have been at least partially removed and (iii) the appearance,
conduct, speech, or other physical characteristic of such person, excluding
odor, is consistent with the consumption of
marijuana cannabis
or marijuana
cannabis products. Such person may be prosecuted either in
the county or city in which the marijuana cannabis was used or consumed,
or in the county or city in which the person exhibits evidence of physical
indicia of use or consumption of marijuana cannabis.
D. Any person who violates this section is guilty of a Class 4 misdemeanor.
§4.1-1108. Consuming cannabis or cannabis products, or offering to another, in public place; penalty.
A. No person shall consume
marijuana cannabis
or a marijuana
cannabis product or offer
marijuana cannabis
or a marijuana
cannabis product to another, whether accepted or not, at or
in any public place.
B. Any person who violates this section is subject to a civil penalty of no more than $25 for a first offense. A person who is convicted under this section of a second offense is subject to a $25 civil penalty and shall be ordered to enter a substance abuse treatment or education program or both, if available, that in the opinion of the court best suits the needs of the accused. A person convicted under this section of a third or subsequent offense is guilty of a Class 4 misdemeanor.
§4.1-1109. Consuming or possessing cannabis or cannabis products in or on public school grounds; penalty.
A. No person shall possess or consume any
marijuana cannabis
or marijuana
cannabis product in or upon the grounds of any public
elementary or secondary school during school hours or school or student
activities.
B. In addition, no person shall consume and no organization
shall serve any marijuana cannabis or marijuana
cannabis products in or upon the grounds of any public
elementary or secondary school after school hours or school or student
activities.
C. Any person convicted of a violation of this section is guilty of a Class 2 misdemeanor.
§4.1-1110. Possessing or consuming cannabis or cannabis products while operating a school bus; penalty.
Any person who possesses or consumes
marijuana cannabis
or marijuana
cannabis products while operating a school bus and
transporting children is guilty of a Class 1 misdemeanor. For the purposes of
this section, "school bus" has the same meaning as provided in §
46.2-100.
§4.1-1112. Limitation on carrying cannabis or cannabis products in motor vehicle transporting passengers for hire; penalty.
The transportation of marijuana cannabis or marijuana
cannabis products in any motor vehicle that is being used,
or is licensed, for the transportation of passengers for hire is prohibited,
except when carried in the possession of a passenger who is being transported
for compensation at the regular rate and fare charged other passengers.
§4.1-1302. Search without warrant; odor of cannabis.
A. No law-enforcement officer, as defined in §9.1-101, may
lawfully stop, search, or seize any person, place, or thing and no search
warrant may be issued solely on the basis of the odor of
marijuana cannabis
and no evidence discovered or obtained pursuant to a violation of this
subsection, including evidence discovered or obtained with the person's
consent, shall be admissible in any trial, hearing, or other proceeding.
B. The provisions of subsection A shall not apply in any airport as defined in §5.1-1 or if the violation occurs in a commercial motor vehicle as defined in §46.2-341.4.
§4.1-1500. Definitions.
As used in this chapter, unless the context requires a different meaning:
"CDFI" means a community development financial institution that provides credit and financial services for underserved communities.
"Fund" means the Virginia Cannabis Equity Business Loan Fund established in §4.1-1501.
"Funding" means loans made from the Fund.
"Program" means the Virginia Cannabis Equity Business Loan Program established in §4.1-1502.
"Social equity qualified cannabis licensee" means a
person or business who meets the criteria in §4.1-606 to qualify as a social
equity applicant and who either holds or is in the final stages of acquiring,
as determined by the Board, a license to operate a
marijuana cannabis
establishment.
§54.1-2519. Definitions.
As used in this chapter, unless the context requires a different meaning:
"Administer" means the direct application of a controlled substance, whether by injection, inhalation, ingestion or any other means, to the body of a patient or research subject by (i) a practitioner or, under the practitioner's direction, his authorized agent or (ii) the patient or research subject at the direction and in the presence of the practitioner.
"Bureau" means the Virginia Department of State Police, Bureau of Criminal Investigation, Drug Diversion Unit.
"Controlled substance" means a drug, substance or immediate precursor in Schedules I through VI of the Drug Control Act, Chapter 34 (§54.1-3400 et seq.) of this title.
"Covered substance" means all controlled substances included in Schedules II, III, and IV; controlled substances included in Schedule V for which a prescription is required; naloxone; and all drugs of concern that are required to be reported to the Prescription Monitoring Program, pursuant to this chapter. "Covered substance" also includes medical cannabis products dispensed by a pharmaceutical processor in Virginia.
"Department" means the Virginia Department of Health Professions.
"Director" means the Director of the Virginia Department of Health Professions.
"Dispense" means to deliver a controlled substance to an ultimate user, research subject, or owner of an animal patient by or pursuant to the lawful order of a practitioner, including the prescribing and administering, packaging, labeling or compounding necessary to prepare the substance for that delivery.
"Dispenser" means a person or entity that (i) is authorized by law to dispense a covered substance or to maintain a stock of covered substances for the purpose of dispensing, and (ii) dispenses the covered substance to a citizen of the Commonwealth regardless of the location of the dispenser, or who dispenses such covered substance from a location in Virginia regardless of the location of the recipient.
"Drug of concern" means any drug or substance, including any controlled substance or other drug or substance, where there has been or there is the potential for abuse and that has been identified by the Board of Pharmacy pursuant to §54.1-3456.1.
"Prescriber" means a practitioner licensed in the Commonwealth who is authorized pursuant to §§54.1-3303 and 54.1-3408 to issue a prescription for a covered substance or a practitioner licensed in another state to so issue a prescription for a covered substance.
"Recipient" means a person who receives a covered substance from a dispenser and includes the owner of an animal patient.
"Relevant health regulatory board" means any such board that licenses persons or entities with the authority to prescribe or dispense covered substances, including the Board of Dentistry, the Board of Medicine, the Board of Veterinary Medicine, and the Board of Pharmacy.
§54.1-2521. Reporting requirements.
A. The failure by any person subject to the reporting requirements set forth in this section and the Department's regulations to report the dispensing of covered substances shall constitute grounds for disciplinary action by the relevant health regulatory board.
B. Upon dispensing a covered substance, a dispenser of such covered substance shall report the following information:
1. The recipient's name and address.
2. The recipient's date of birth.
3. The covered substance that was dispensed to the recipient.
4. The quantity of the covered substance that was dispensed.
5. The date of the dispensing.
6. The prescriber's identifier number and, in cases in which the covered substance is a medical cannabis product, the expiration date of the written certification.
7. The dispenser's identifier number.
8. The method of payment for the prescription.
9. Any other non-clinical information that is designated by the Director as necessary for the implementation of this chapter in accordance with the Department's regulations.
10. Any other information specified in regulations promulgated by the Director as required in order for the Prescription Monitoring Program to be eligible to receive federal funds.
C. Except as provided in subdivision 7 of §54.1-2522, in cases where the ultimate user of a covered substance is an animal, the dispenser shall report the relevant information required by subsection B for the owner of the animal.
D. The reports required herein shall be made to the Department or its agent within 24 hours or the dispenser's next business day, whichever comes later, and shall be made and transmitted in such manner and format and according to the standards and schedule established in the Department's regulations.
§54.1-2522.1. (Effective until July 1, 2022) Requirements of prescribers.
A. Any prescriber who is licensed in the Commonwealth to treat human patients and is authorized pursuant to §§54.1-3303 and 54.1-3408 to issue a prescription for a covered substance shall be registered with the Prescription Monitoring Program by the Department of Health Professions.
B. A prescriber registered with the Prescription Monitoring Program or a person to whom he has delegated authority to access information in the possession of the Prescription Monitoring Program pursuant to §54.1-2523.2 shall, at the time of initiating a new course of treatment to a human patient that includes the prescribing of opioids anticipated at the onset of treatment to last more than seven consecutive days, request information from the Director for the purpose of determining what, if any, other covered substances are currently prescribed to the patient. In addition, any prescriber who holds a special identification number from the Drug Enforcement Administration authorizing the prescribing of controlled substances approved for use in opioid addiction therapy shall, prior to or as a part of execution of a treatment agreement with the patient, request information from the Director for the purpose of determining what, if any, other covered substances the patient is currently being prescribed. Nothing in this section shall prohibit prescribers from making additional periodic requests for information from the Director as may be required by routine prescribing practices.
C. A prescriber shall not be required to meet the provisions of subsection B if:
1. The opioid is prescribed to a patient currently receiving hospice or palliative care;
2. The opioid is prescribed to a patient during an inpatient hospital admission or at discharge;
3. The opioid is prescribed to a patient in a nursing home or a patient in an assisted living facility that uses a sole source pharmacy;
4. The Prescription Monitoring Program is not operational or available due to temporary technological or electrical failure or natural disaster; or
5. The prescriber is unable to access the Prescription Monitoring Program due to emergency or disaster and documents such circumstances in the patient's medical record.
D. Prior to issuing a written certification for the use of medical cannabis oil in accordance with §54.1-3408.3, a practitioner shall request information from the Director for the purpose of determining what, if any, other covered substances have been dispensed to the patient.
§54.1-2522.1. (Effective July 1, 2022) Requirements of practitioners.
A. Any prescriber who is licensed in the Commonwealth to treat human patients and is authorized pursuant to §§54.1-3303 and 54.1-3408 to issue a prescription for a covered substance shall be registered with the Prescription Monitoring Program by the Department of Health Professions.
B. Prescribers registered with the Prescription Monitoring Program shall, at the time of initiating a new course of treatment to a human patient that includes the prescribing of benzodiazepine or an opiate anticipated at the onset of treatment to last more than 90 consecutive days, request information from the Director for the purpose of determining what, if any, other covered substances are currently prescribed to the patient. In addition, any prescriber who holds a special identification number from the Drug Enforcement Administration authorizing the prescribing of controlled substances approved for use in opioid addiction therapy shall, prior to or as a part of execution of a treatment agreement with the patient, request information from the Director for the purpose of determining what, if any, other covered substances the patient is currently being prescribed. Nothing in this section shall prohibit prescribers from making additional periodic requests for information from the Director as may be required by routine prescribing practices.
C. The Secretary of Health and Human Resources may identify and publish a list of benzodiazepines or opiates that have a low potential for abuse by human patients. Prescribers who prescribe such identified benzodiazepines or opiates shall not be required to meet the provisions of subsection B. In addition, a prescriber shall not be required to meet the provisions of subsection B if the course of treatment arises from pain management relating to dialysis or cancer treatments.
D. Prior to issuing a written certification for the use of medical cannabis oil in accordance with §54.1-3408.3, a practitioner shall request information from the Director for the purpose of determining what, if any, other covered substances have been dispensed to the patient.
§54.1-2903. What constitutes practice; advertising in connection with medical practice.
A. Any person shall be regarded as practicing the healing arts who actually engages in such practice as defined in this chapter, or who opens an office for such purpose, or who advertises or announces to the public in any manner a readiness to practice or who uses in connection with his name the words or letters "Doctor," "Dr.," "M.D.," "D.O.," "D.P.M.," "D.C.," "Healer," "N.P.," or any other title, word, letter or designation intending to designate or imply that he is a practitioner of the healing arts or that he is able to heal, cure or relieve those suffering from any injury, deformity or disease.
Signing a birth or death certificate, or signing any statement certifying that the person so signing has rendered professional service to the sick or injured, or signing or issuing a prescription for drugs or other remedial agents, shall be prima facie evidence that the person signing or issuing such writing is practicing the healing arts within the meaning of this chapter except where persons other than physicians are required to sign birth certificates.
B. No person regulated under this chapter shall use the title "Doctor" or the abbreviation "Dr." in writing or in advertising in connection with his practice unless he simultaneously uses words, initials, an abbreviation or designation, or other language that identifies the type of practice for which he is licensed. No person regulated under this chapter shall include in any advertisement a reference to marijuana, as defined in §18.2-247, unless such advertisement is for the treatment of addiction or substance abuse. However, nothing in this subsection shall prevent a person from including in any advertisement that such person is registered with the Board of Pharmacy to issue written certifications for the use of medical cannabis products, as defined in §54.1-3408.3.
§54.1-3408.3. Certification for use of cannabis oil for treatment.
A. As used in this section:
"Designated caregiver facility" means any hospice or hospice facility licensed pursuant to §32.1-162.3, home care organization as defined in § 32.1-162.7 that provides pharmaceutical services or home health services, private provider licensed by the Department of Behavioral Health and Developmental Services pursuant to Article 2 (§37.2-403 et seq.) of Chapter 4 of Title 37.2, assisted living facility licensed pursuant to §63.2-1701, or adult day care center licensed pursuant to §63.2-1701.
"Botanical Medical cannabis"
means cannabis that is composed wholly of usable cannabis from the same parts
of the same chemovar of cannabis plant.
"Medical cannabis dispensing facility" has the same meaning as set forth in §54.1-3442.5.
"Cannabis Medical cannabis oil"
means any formulation of processed Cannabis plant extract, which may include
oil from industrial hemp extract acquired by a pharmaceutical processor
pursuant to §54.1-3442.6, or a dilution of the resin of the Cannabis plant
that contains at least five
milligrams of cannabidiol (CBD) or tetrahydrocannabinolic acid (THC-A) and
no more than 10 20 milligrams of
delta-9-tetrahydrocannabinol per dose. "Cannabis Medical cannabis oil"
does not include industrial hemp, as defined in §3.2-4112, that is grown,
dealt, or processed in compliance with state or federal law, unless it has been
acquired and formulated with cannabis plant extract by a pharmaceutical
processor.
"Cannabis Medical cannabis product"
means a product that is (i) produced by a pharmaceutical processor, registered
with the Board, and compliant with testing requirements and (ii) composed of medical cannabis oil or botanical
medical cannabis.
"Designated caregiver
facility" means any hospice or hospice facility licensed pursuant to §
32.1-162.3, or home care organization as defined in §32.1-162.7 that provides
pharmaceutical services or home health services, private provider licensed by
the Department of Behavioral Health and Developmental Services pursuant to
Article 2 (§37.2-403 et seq.) of Chapter 4 of Title 37.2, assisted living
facility licensed pursuant to §63.2-1701, or adult day care center licensed
pursuant to §63.2-1701.
"Pharmaceutical processor" has the same meaning as set forth in §54.1-3442.5.
"Practitioner" means a practitioner of medicine or osteopathy licensed by the Board of Medicine, a physician assistant licensed by the Board of Medicine, or a nurse practitioner jointly licensed by the Board of Medicine and the Board of Nursing.
"Registered agent" means an individual designated by a patient who has been issued a written certification, or, if such patient is a minor or an incapacitated adult as defined in §18.2-369, designated by such patient's parent or legal guardian, and registered with the Board pursuant to subsection G.
"Usable cannabis" means any cannabis plant material, including seeds, but not (i) resin that has been extracted from any part of the cannabis plant, its seeds, or its resin; (ii) the mature stalks, fiber produced from the stalks, or any other compound, manufacture, salt, or derivative, mixture, or preparation of the mature stalks; or (iii) oil or cake made from the seeds of the plant.
B. A practitioner in the course of his professional practice
may issue a written certification for the use of
medical cannabis products for treatment or to alleviate the
symptoms of any diagnosed condition or disease determined by the practitioner
to benefit from such use. The practitioner shall use his professional judgment
to determine the manner and frequency of patient care and evaluation and may
employ the use of telemedicine, provided that the use of telemedicine includes
the delivery of patient care through real-time interactive audio-visual
technology. If a practitioner determines it is consistent with the standard of
care to dispense botanical medical cannabis to a minor,
the written certification shall specifically authorize such dispensing. If not
specifically included on the initial written certification, authorization for botanical
medical cannabis may be communicated verbally or in writing
to the pharmacist at the time of dispensing.
C. The written certification shall be on a form provided by the Office of the Executive Secretary of the Supreme Court developed in consultation with the Board of Medicine. Such written certification shall contain the name, address, and telephone number of the practitioner, the name and address of the patient issued the written certification, the date on which the written certification was made, and the signature or authentic electronic signature of the practitioner. Such written certification issued pursuant to subsection B shall expire no later than one year after its issuance unless the practitioner provides in such written certification an earlier expiration.
D. No practitioner shall be prosecuted under §18.2-248 or 18.2-248.1 for the issuance of a certification for the use of medical cannabis products for the treatment or to alleviate the symptoms of a patient's diagnosed condition or disease pursuant to a written certification issued pursuant to subsection B. Nothing in this section shall preclude the Board of Medicine from sanctioning a practitioner for failing to properly evaluate or treat a patient's medical condition or otherwise violating the applicable standard of care for evaluating or treating medical conditions.
E. A practitioner who issues a written certification to a patient pursuant to this section shall register with the Board and shall hold sufficient education and training to exercise appropriate professional judgment in the certification of patients. The Board shall not limit the number of patients to whom a practitioner may issue a written certification. The Board may report information to the applicable licensing board on unusual patterns of certifications issued by a practitioner.
F. A patient who has been issued a written certification shall register with the Board or, if such patient is a minor or an incapacitated adult as defined in §18.2-369, a patient's parent or legal guardian shall register and shall register such patient with the Board. No patient shall be required to physically present the written certification after the initial dispensing by any pharmaceutical processor or medical cannabis dispensing facility under each written certification, provided that the pharmaceutical processor or medical cannabis dispensing facility maintains an electronic copy of the written certification.
G. A patient, or, if such patient is a minor or an incapacitated adult as defined in §18.2-369, such patient's parent or legal guardian, may designate an individual to act as his registered agent for the purposes of receiving medical cannabis products pursuant to a valid written certification. Such designated individual shall register with the Board. The Board may set a limit on the number of patients for whom any individual is authorized to act as a registered agent.
H. Upon delivery of medical cannabis oil by a pharmaceutical processor or medical cannabis dispensing facility to a designated caregiver facility, any employee or contractor of a designated caregiver facility, who is licensed or registered by a health regulatory board and who is authorized to possess, distribute, or administer medications, may accept delivery of the medical cannabis oil on behalf of a patient or resident for subsequent delivery to the patient or resident and may assist in the administration of the medical cannabis oil to the patient or resident as necessary.
I. The Board shall promulgate regulations to implement the
registration process. Such regulations shall include (i) a mechanism for
sufficiently identifying the practitioner issuing the written certification,
the patient being treated by the practitioner, his registered agent, and, if
such patient is a minor or an incapacitated adult as defined in §18.2-369, the
patient's parent or legal guardian; (ii) a process for ensuring that any
changes in the information are reported in an appropriate timeframe; and (iii) a prohibition for the patient to be issued on issuance of a written
certification for the patient
by more than one practitioner during any given time period;
and (iv) provisions for issuance of
documentation sufficient to constitute evidence of status as a registered
agent, which shall include provisions for issuance of such
documentation in an electronic format and
issuance of such documentation in the form of a document
or card.
Such regulations shall include a fee for the issuance of documentation sufficient
to constitute evidence
of status as a registered
agent, which shall not exceed $10 for issuance of such documentation by
electronic means or $25 for issuance of such documentation in
the form of a document or card.
J. Information obtained under the registration process shall be confidential and shall not be subject to the disclosure provisions of the Virginia Freedom of Information Act (§2.2-3700 et seq.). However, reasonable access to registry information shall be provided to (i) the Chairmen of the House Committee for Courts of Justice and the Senate Committee on the Judiciary, (ii) state and federal agencies or local law enforcement for the purpose of investigating or prosecuting a specific individual for a specific violation of law, (iii) licensed practitioners or pharmacists, or their agents, for the purpose of providing patient care and drug therapy management and monitoring of drugs obtained by a registered patient, (iv) a pharmaceutical processor or medical cannabis dispensing facility involved in the treatment of a registered patient, or (v) a registered patient, his registered agent, or, if such patient is a minor or an incapacitated adult as defined in §18.2-369, the patient's parent or legal guardian, but only with respect to information related to such registered patient.
K. No person receiving services from a designated caregiver facility shall be denied his usual or regular medications as a result of obtaining a medical cannabis certification or medical cannabis products as part of a medical cannabis program.
§54.1-3442.5. Definitions.
As used in this article:
"Botanical Medical cannabis,"
"medical cannabis oil,"
"medical cannabis product,"
and "usable cannabis" have the same meanings as specified in §
54.1-3408.3.
"Cannabis Medical cannabis dispensing
facility" means a facility that (i) has obtained a permit from the Board
pursuant to §54.1-3442.6; (ii) is owned, at least in part, by a pharmaceutical
processor; and (iii) dispenses medical
cannabis products produced by a pharmaceutical processor to a registered
patient, his registered agent, or, if such patient is a minor or an
incapacitated adult as defined in §18.2-369, such patient's parent or legal
guardian.
"Designated caregiver facility" has the same meaning as defined in §54.1-3408.3.
"Pharmaceutical processor" means a facility that (i)
has obtained a permit from the Board pursuant to §54.1-3408.3 and (ii)
cultivates Cannabis plants intended only for the production of medical cannabis oil, botanical
medical cannabis, and usable cannabis, produces medical cannabis products, and
dispenses medical cannabis products to a
registered patient, his registered agent, or, if such patient is a minor or an
incapacitated adult as defined in §18.2-369, such patient's parent or legal
guardian.
"Practitioner" has the same meaning as specified in §54.1-3408.3.
"Registered agent" has the same meaning as specified in §54.1-3408.3.
§54.1-3442.6. Permit to operate pharmaceutical processor or medical cannabis dispensing facility.
A. No person shall operate a pharmaceutical processor or a medical cannabis dispensing facility without first obtaining a permit from the Board. The application for such permit shall be made on a form provided by the Board and signed by a pharmacist who will be in full and actual charge of the pharmaceutical processor's dispensing area or medical cannabis dispensing facility. The Board shall establish an application fee and other general requirements for such application.
B. Each permit shall expire annually on a date determined by the Board in regulation. The number of permits that the Board may issue or renew in any year is limited to one pharmaceutical processor and up to five medical cannabis dispensing facilities for each health service area established by the Board of Health. Permits shall be displayed in a conspicuous place on the premises of the pharmaceutical processor and medical cannabis dispensing facility.
C. The Board shall adopt regulations establishing health,
safety, and security requirements for pharmaceutical processors and medical cannabis dispensing
facilities. Such regulations shall include requirements for (i) physical
standards; (ii) location restrictions; (iii) security systems and controls;
(iv) minimum equipment and resources; (v) recordkeeping; (vi) labeling,
including (a) the potency of each botanical
cannabis product specific amount of
delta-9-tetrahydrocannabinol and other cannabinoids
per unit dose and total content of delta-9-tetrahydrocannabinol and other
cannabinoids and terpenes per package of all medical cannabis products sold
and the amounts recommended by the practitioner or dispensing pharmacist, and
packaging; (vii) routine inspections no more frequently than once annually;
(viii) processes for safely and securely dispensing and delivering in person medical cannabis products to a
registered patient, his registered agent, or, if such patient is a minor or an
incapacitated adult as defined in §18.2-369, such patient's parent or legal guardian;
(ix) dosage limitations for medical
cannabis oil that provide that each dispensed dose of
medical cannabis oil not exceed 10 20 milligrams of
delta-9-tetrahydrocannabinol; (x) a process for the wholesale distribution of
and the transfer of usable cannabis, botanical medical cannabis, medical cannabis oil, and medical cannabis products
between pharmaceutical processors, between a pharmaceutical processor and a medical cannabis dispensing
facility, and between medical
cannabis dispensing facilities; (xi) an allowance for the sale of devices for
administration of dispensed cannabis products and hemp-based CBD products that
meet the applicable standards set forth in state and federal law, including the
laboratory testing standards set forth in subsection M; (xii) an allowance for
the use and distribution of inert product samples containing no cannabinoids
for patient demonstration exclusively at the pharmaceutical processor or medical cannabis dispensing
facility, and not for further distribution or sale, without the need for a
written certification; (xiii) a process for acquiring oil from industrial hemp
extract and formulating such oil extract with Cannabis plant extract into
allowable dosages of medical
cannabis oil; and (xiv) an allowance for the advertising and promotion of the
pharmaceutical processor's products and operations, which shall not limit the
pharmaceutical processor from the provision of educational material to
practitioners who issue written certifications and registered patients. The Board
shall also adopt regulations for pharmaceutical processors that include
requirements for (a) processes for safely and securely cultivating Cannabis
plants intended for producing medical
cannabis products, (b) the secure disposal of agricultural waste, and (c) a
process for registering medical
cannabis oil products.
D. The Board shall require that, after processing and before
dispensing any medical
cannabis products, a pharmaceutical processor shall make a sample available
from each batch of medical
cannabis product for testing by an independent laboratory located in Virginia
meeting Board requirements. A valid sample size for testing shall be determined
by each laboratory and may vary due to sample matrix, analytical method, and
laboratory-specific procedures. A minimum sample size of 0.5 percent of
individual units for dispensing or distribution from each homogenized batch of medical cannabis oil is
required to achieve a representative cannabis oil sample for analysis. A
minimum sample size, to be determined by the certified testing laboratory, from
each batch of botanical medical cannabis is required
to achieve a representative botanical medical cannabis sample for
analysis. Botanical
Medical cannabis products shall only be tested for the following:
total cannabidiol (CBD); total tetrahydrocannabinol (THC); terpenes; pesticide
chemical residue; heavy metals; mycotoxins; moisture; and microbiological
contaminants. Testing thresholds shall be consistent with generally accepted medical cannabis industry
thresholds. The pharmaceutical processor may remediate
medical cannabis oil that fails any quality testing
standard. Following remediation, all remediated
medical cannabis oil shall be subject to laboratory testing
and approved upon satisfaction of testing standards applied to medical cannabis oil
generally. If the batch fails retesting, it shall be considered usable medical cannabis and may be
processed into medical
cannabis oil, unless the failure is related to pesticide requirements, in which
case the batch shall not be considered usable
medical cannabis and shall not be processed into medical cannabis oil.
Stability testing shall not be required for any
medical cannabis oil product with an expiration date
assigned by the pharmaceutical processor of six months or less from the date of
packaging.
E. A laboratory testing samples for a pharmaceutical processor shall obtain a controlled substances registration certificate pursuant to §54.1-3423 and shall comply with quality standards established by the Board in regulation.
F. Every pharmaceutical processor's dispensing area or medical cannabis dispensing facility shall be under the personal supervision of a licensed pharmacist on the premises of the pharmaceutical processor or medical cannabis dispensing facility. The pharmaceutical processor shall ensure that security measures are adequate to protect the medical cannabis from diversion at all times, and the pharmacist-in-charge shall have concurrent responsibility for preventing diversion from the dispensing area.
Every pharmaceutical processor shall designate a person who shall have oversight of the cultivation and production areas of the pharmaceutical processor and shall provide such information to the Board. The Board shall direct all communications related to enforcement of requirements related to cultivation and production of medical cannabis oil products by the pharmaceutical processor to such designated person.
G. The Board shall require the material owners of an applicant for a pharmaceutical processor or medical cannabis dispensing facility permit to submit to fingerprinting and provide personal descriptive information to be forwarded along with his fingerprints through the Central Criminal Records Exchange to the Federal Bureau of Investigation for the purpose of obtaining criminal history record information regarding the applicant's material owners. The cost of fingerprinting and the criminal history record search shall be paid by the applicant. The Central Criminal Records Exchange shall forward the results of the criminal history background check to the Board or its designee, which shall be a governmental entity. A pharmaceutical processor shall maintain evidence of criminal background checks for all employees and delivery agents of the pharmaceutical processor. Criminal background checks of employees and delivery agents may be conducted by any service sufficient to disclose any federal and state criminal convictions.
H. In addition to other employees authorized by the Board, a pharmaceutical processor may employ individuals who may have less than two years of experience (i) to perform cultivation-related duties under the supervision of an individual who has received a degree in a field related to the cultivation of plants or a certification recognized by the Board or who has at least two years of experience cultivating plants, (ii) to perform extraction-related duties under the supervision of an individual who has a degree in chemistry or pharmacology or at least two years of experience extracting chemicals from plants, and (iii) to perform duties at the pharmaceutical processor and medical cannabis dispensing facility upon certification as a pharmacy technician.
I. A pharmaceutical processor to whom a permit has been issued by the Board may establish up to five medical cannabis dispensing facilities for the dispensing of medical cannabis products that have been cultivated and produced on the premises of a pharmaceutical processor permitted by the Board. Each medical cannabis dispensing facility shall be located within the same health service area as the pharmaceutical processor.
J. No person who has been convicted of a felony under the laws of the Commonwealth or another jurisdiction within the last five years shall be employed by or act as an agent of a pharmaceutical processor or medical cannabis dispensing facility.
K. Every pharmaceutical processor or medical cannabis dispensing facility shall adopt policies for pre-employment drug screening and regular, ongoing, random drug screening of employees.
L. A pharmacist at the pharmaceutical processor's dispensing area and the medical cannabis dispensing facility shall determine the number of pharmacy interns, pharmacy technicians, and pharmacy technician trainees who can be safely and competently supervised at one time; however, no pharmacist shall supervise more than six persons performing the duties of a pharmacy technician at one time in the pharmaceutical processor's dispensing area or medical cannabis dispensing facility.
M. A pharmaceutical processor may acquire industrial hemp extract processed in Virginia, and in compliance with state or federal law, from a registered industrial hemp dealer or processor. A pharmaceutical processor may process and formulate such extract with cannabis plant extract into an allowable dosage of medical cannabis oil. Industrial hemp extract acquired by a pharmaceutical processor is subject to the same third-party testing requirements that may apply to cannabis plant extract. Testing shall be performed by a laboratory located in Virginia and in compliance with state law. The industrial hemp dealer or processor shall provide such third-party testing results to the pharmaceutical processor before industrial hemp extract may be acquired.
N. With the exception of §2.2-4031, neither the provisions of the Administrative Process Act (§2.2-4000 et seq.) nor public participation guidelines adopted pursuant thereto shall apply to the adoption of any regulation pursuant to this section. Prior to adopting any regulation pursuant to this section, the Board of Pharmacy shall publish a notice of opportunity to comment in the Virginia Register of Regulations and post the action on the Virginia Regulatory Town Hall. Such notice of opportunity to comment shall contain (i) a summary of the proposed regulation; (ii) the text of the proposed regulation; and (iii) the name, address, and telephone number of the agency contact person responsible for receiving public comments. Such notice shall be made at least 60 days in advance of the last date prescribed in such notice for submittals of public comment. The legislative review provisions of subsections A and B of §2.2-4014 shall apply to the promulgation or final adoption process for regulations pursuant to this section. The Board of Pharmacy shall consider and keep on file all public comments received for any regulation adopted pursuant to this section.
O. The Board shall register all cannabis products that meet testing, labeling, and packaging standards.
§54.1-3442.7. Dispensing medical cannabis products; report.
A. A pharmaceutical processor or
medical cannabis dispensing facility shall dispense or
deliver medical cannabis products only
in person to (i) a patient who is a Virginia resident or temporarily resides in
Virginia as made evident to the Board, has been issued a valid written
certification, and is registered with the Board pursuant to §54.1-3408.3; (ii)
such patient's registered agent; or (iii) if such patient is a minor or an
incapacitated adult as defined in §18.2-369, such patient's parent or legal
guardian who is a Virginia resident or temporarily resides in Virginia as made
evident to the Board and is registered with the Board pursuant to §
54.1-3408.3. A companion may accompany a registered patient into a
pharmaceutical processor's dispensing area or
medical cannabis dispensing facility. Prior to the initial
dispensing of medical
cannabis oil pursuant to each written certification, a pharmacist or pharmacy
technician employed by the pharmaceutical processor or
medical cannabis dispensing facility shall make and
maintain, on site or remotely by electronic means, for two years a paper or
electronic copy of the written certification that provides an exact image of the
document that is clearly legible; shall view, in person or by audiovisual
means, a current photo identification of the patient, registered agent, parent,
or legal guardian; and shall verify current board registration of the
practitioner and the corresponding patient, registered agent, parent, or legal
guardian. Thereafter, an initial dispensing may be delivered to the patient,
registered agent, parent, legal guardian, or designated caregiver facility.
Prior to any subsequent dispensing of medical
cannabis oil pursuant to each written certification, an employee or delivery
agent shall view a current photo identification of the patient, registered
agent, or legal guardian and the current board registration issued to the
patient, registered agent, parent, or legal guardian. No pharmaceutical
processor or medical
cannabis dispensing facility shall dispense more than a 90-day supply of a medical cannabis product, as
determined by the dispensing pharmacist or certifying practitioner, for any
patient during any 90-day period; however, a pharmaceutical processor or medical cannabis dispensing
facility may dispense more than one medical
cannabis product to a patient at one time. No more than four ounces of botanical
medical cannabis shall be dispensed for each 30-day period
for which botanical
medical cannabis is dispensed. A pharmaceutical processor
or medical cannabis dispensing
facility may dispense less than a 90-day supply. In determining the appropriate
amount of a medical
cannabis product to be dispensed to a patient, a pharmaceutical processor or medical cannabis dispensing
facility shall consider all medical
cannabis products dispensed to the patient and adjust the amount dispensed
accordingly.
B. A pharmaceutical processor or medical cannabis dispensing facility shall dispense only medical cannabis products produced on the premises of a pharmaceutical processor permitted by the Board or medical cannabis oil that has been formulated with oil from industrial hemp acquired by a pharmaceutical processor from a registered industrial hemp dealer or processor pursuant to § 54.1-3442.6. A pharmaceutical processor may begin cultivation upon being issued a permit by the Board.
C. The Board shall report annually by December 1 to the Chairmen of the House Committee for Health, Welfare and Institutions and the Senate Committee on Education and Health on the operation of pharmaceutical processors and medical cannabis dispensing facilities issued a permit by the Board, including the number of practitioners, patients, registered agents, and parents or legal guardians of patients who have registered with the Board and the number of written certifications issued pursuant to §54.1-3408.3.
D. The concentration of delta-9-tetrahydrocannabinol in any medical cannabis product on site may be up to 10 percent greater than or less than the level of delta-9-tetrahydrocannabinol measured for labeling. A pharmaceutical processor and medical cannabis dispensing facility shall ensure that such concentration in any medical cannabis product on site is within such range. A pharmaceutical processor producing medical cannabis products shall establish a stability testing schedule of medical cannabis products.
§54.1-3442.8. Criminal liability; exceptions.
No agent or employee of a pharmaceutical processor or medical cannabis dispensing facility shall be prosecuted under Chapter 11 (§4.1-1100 et seq.) of Title 4.1 or §18.2-248, 18.2-248.1, or 18.2-250 for possession or manufacture of marijuana or for possession, manufacture, or distribution of medical cannabis products, subject to any civil penalty, denied any right or privilege, or subject to any disciplinary action by a professional licensing board if such agent or employee (i) possessed or manufactured such marijuana for the purposes of producing medical cannabis products in accordance with the provisions of this article and Board regulations or (ii) possessed, manufactured, or distributed such medical cannabis products that are consistent with generally accepted cannabis industry standards in accordance with the provisions of this article and Board regulations.
