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2017 SESSION
17101036DBe it enacted by the General Assembly of Virginia:
1. That §§ 18.2-250.1 and 54.1-3408.3 of the Code of Virginia are amended and reenacted as follows:
§ 18.2-250.1. Possession of marijuana
A. It is unlawful for any person knowingly or intentionally to
possess marijuana unless the substance was obtained directly from, or pursuant
to, a valid prescription or order of a practitioner while acting in the course
of his professional practice, or except as otherwise authorized by the Drug Control
Act (§ 54.1-3400 et seq.). Upon the prosecution of a person for violation of this
section, ownership or occupancy of the premises or vehicle upon or in which
marijuana was found shall not create a presumption that such person either
knowingly or intentionally possessed such marijuana. Any person who violates this section is guilty of a
misdemeanor and shall be confined in jail not more than 30 days and fined not
more than $500, either or both; any person, upon a second or subsequent
conviction of a violation of this section, is guilty of a Class 1 misdemeanor. B. The provisions of this section shall not apply to members
of state, federal, 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 is necessary for the performance of their duties. C. In any prosecution under this section involving marijuana
in the form of cannabidiol oil or THC-A oil as those terms are defined in §
54.1-3408.3, it shall be an affirmative defense that the individual possessed
such oil pursuant to a valid written certification issued by a practitioner in
the course of his professional practice pursuant to § 54.1-3408.3 for treatment
or to alleviate the symptoms of (i) the individual's intractable epilepsy, cancer, human immunodeficiency virus, acquired
immune deficiency syndrome, Tourette syndrome, amyotrophic lateral sclerosis,
multiple sclerosis, Crohn's disease, or complex regional pain syndrome
or (ii) if such individual is the parent or legal guardian of a minor, such
minor's intractable epilepsy, cancer, human
immunodeficiency virus, acquired immune deficiency syndrome, Tourette syndrome,
amyotrophic lateral sclerosis, multiple sclerosis, Crohn's disease, or complex
regional pain syndrome. If the individual files the valid
written certification with the court at least 10 days prior to trial and causes
a copy of such written certification to be delivered to the attorney for the
Commonwealth, such written certification shall be prima facie evidence that
such oil was possessed pursuant to a valid written certification. § 54.1-3408.3. Certification for use of cannabidiol oil or
THC-A oil to treat certain conditions. A. As used in this section: "Cannabidiol oil" means a processed Cannabis plant
extract that contains at least 15 percent cannabidiol but no more than five
percent tetrahydrocannabinol, or a dilution of the resin of the Cannabis plant
that contains at least 50 milligrams of cannabidiol per milliliter but not more
than five percent tetrahydrocannabinol. "THC-A oil" means a processed Cannabis plant extract
that contains at least 15 percent tetrahydrocannabinol acid but not more than
five percent tetrahydrocannabinol, or a dilution of the resin of the Cannabis
plant that contains at least 50 milligrams of tetrahydrocannabinol acid per
milliliter but not more than five percent tetrahydrocannabinol. B. A practitioner of medicine or osteopathy licensed by the
Board of Medicine in the course of his professional practice may issue a
written certification for the use of cannabidiol oil or THC-A oil for treatment
or to alleviate the symptoms of a patient's intractable epilepsy, cancer, human immunodeficiency virus, acquired
immune deficiency syndrome, Tourette syndrome, amyotrophic lateral sclerosis,
multiple sclerosis, Crohn's disease, or complex regional pain syndrome. 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 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 dispensing or distributing cannabidiol oil or THC-A oil for the
treatment or to alleviate the symptoms of a patient's intractable epilepsy, cancer, human immunodeficiency virus, acquired
immune deficiency syndrome, Tourette syndrome, amyotrophic lateral sclerosis,
multiple sclerosis, Crohn's disease, or complex regional pain syndrome
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.