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2023 SESSION
23106127DBe it enacted by the General Assembly of Virginia:
1. That §§ 2.2-2499.5, 2.2-2499.7, 2.2-2499.8, 3.2-4112, 3.2-4113, 3.2-4114, 3.2-4114.2, 3.2-4115, 3.2-4116, 3.2-4118, 3.2-4119, 4.1-600, 4.1-601, 4.1-603, 4.1-604, 4.1-606, 4.1-610, 4.1-614, 4.1-619, 4.1-1105.1, 4.1-1500, 4.1-1501, 4.1-1502, 18.2-247, 18.2-251.1:3, 54.1-3401, 54.1-3408.3, 54.1-3423, 54.1-3442.6, 54.1-3442.7, 54.1-3443, and 54.1-3446 of the Code of Virginia are amended and reenacted and that the Code of Virginia is amended by adding in Chapter 51 of Title 3.2 an article numbered 6, consisting of sections numbered 3.2-5145.6 through 3.2-5145.9, by adding in Chapter 6 of Title 4.1 a section numbered 4.1-629, by adding in Chapter 7 of Title 4.1 sections numbered 4.1-700 through 4.1-704, by adding in Chapter 10 of Title 4.1 sections numbered 4.1-1003 through 4.1-1007, by adding sections numbered 4.1-1104, 4.1-1106, and 4.1-1116, by adding in Chapter 11 of Title 4.1 a section numbered 4.1-1122, by adding in Chapter 12 of Title 4.1 sections numbered 4.1-1200, 4.1-1202, 4.1-1206, and 4.1-1207, by adding in Chapter 13 of Title 4.1 a section numbered 4.1-1307, by adding in Chapter 14 of Title 4.1 sections numbered 4.1-1400 through 4.1-1407, by adding in Article 2 of Chapter 1 of Title 6.2 a section numbered 6.2-108, and by adding a section numbered 19.2-303.03 as follows:
§ 2.2-2499.5. Cannabis Reinvestment Board; purpose; membership; quorum; meetings.
A. The Cannabis Equity Reinvestment Board (the Board)
is established as a policy board in the executive branch of state government.
The purpose of the Board is to directly address the impact of economic
disinvestment, violence, and historical overuse of criminal justice responses
to community and individual needs by providing resources to support local design
and control of community-based responses to such impacts.
B. The Board shall have a total membership of 20 members that
shall consist of 13 nonlegislative citizen members and seven ex officio
members. Nonlegislative citizen members shall be appointed as follows: three to
be appointed by the Senate Committee on Rules, one of whom shall be a person
who has been previously incarcerated or convicted of a marijuana-related crime,
one of whom shall be an expert in the field of public health with experience in
trauma-informed care, if possible, and one of whom shall be an expert in
education with a focus on access to opportunities for youth in underserved
communities; five to be appointed by the Speaker of the House of Delegates, one
of whom shall be an expert on Virginia's foster care system, one of whom shall
be an expert in workforce development, one of whom shall be a representative
from one of Virginia's historically black colleges and universities, one of
whom shall be a veteran, and one of whom shall be an entrepreneur with
expertise in emerging industries or access to capital for small businesses; and
five to be appointed by the Governor, subject to confirmation by the General
Assembly, one of whom shall be a representative from the Virginia Indigent Defense
Commission and four of whom shall be community-based providers or community
development organization representatives who provide services to address the
social determinants of health and promote community investment in
historically economically disadvantaged communities adversely and
disproportionately impacted by marijuana prohibitions, including services
such as workforce development, youth mentoring and educational services, job
training and placement services, and reentry services. Nonlegislative citizen
members shall be citizens of the Commonwealth and reflect the racial, ethnic,
gender, and geographic diversity of the Commonwealth.
The Secretaries of Education, Health and Human Resources, and Public Safety and Homeland Security, the Director of Diversity, Equity, and Inclusion, the Chief Workforce Development Advisor, and the Attorney General or their designees shall serve ex officio with voting privileges. The Chief Executive Officer of the Virginia Cannabis Control Authority or his designee shall serve ex officio without voting privileges.
Ex officio members of the Board 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 Board shall be chaired by the Director of Diversity,
Equity, and Inclusion or his designee. The Board shall select a chairman
and vice-chairman from among its membership. A majority of the members
shall constitute a quorum. The Board 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.
§ 2.2-2499.7. Powers and duties of the Board.
The Cannabis Equity Reinvestment Board shall have the
following powers and duties:
1. Support persons, and families, and
in historically economically disadvantaged communities historically and
disproportionately targeted and affected by drug enforcement;
2. Develop and implement scholarship programs and educational and vocational resources for historically marginalized persons, including persons in foster care, who have been adversely impacted by substance use individually, in their families, or in their communities.
3. Develop and implement a program to award grants to support
workforce development programs, mentoring programs, job training and placement
services, apprenticeships, and reentry services that serve persons and
in historically economically disadvantaged communities historically and
disproportionately targeted by drug enforcement.
4. Administer the Cannabis Equity Reinvestment Fund
established pursuant to § 2.2-2499.8.
5. Collaborate with the Board of Directors of the Virginia Cannabis Control Authority and the Office of Diversity, Equity, and Inclusion as necessary to implement programs and provide recommendations in line with the purpose of this article.
6. 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 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.
7. Perform such other activities and functions as the Governor and General Assembly may direct.
§ 2.2-2499.8. Cannabis Reinvestment Fund.
There is hereby created in the state treasury a special
nonreverting fund to be known as the Cannabis Equity Reinvestment Fund, referred
to in this section as "the Fund." The Fund shall be established on
the books of the Comptroller. All funds appropriated for such purpose and any
gifts, donations, grants, bequests, and other funds received on its behalf
shall be paid into the state treasury and credited to the Fund. Interest earned
on moneys in the Fund shall remain in the Fund and be credited to it. Any
moneys remaining in the Fund, including interest thereon, at the end of each
fiscal year shall not revert to the general fund but shall remain in the Fund.
Moneys in the Fund shall be used solely for the purposes of:
1. Supporting persons, and families, and
in historically economically disadvantaged communities historically and
disproportionately targeted and affected by drug enforcement;
2. Providing scholarship opportunities and educational and vocational resources for historically marginalized persons, including persons in foster care, who have been adversely impacted by substance use individually, in their families, or in their communities;
3. Awarding grants to support workforce development, mentoring
programs, job training and placement services, apprenticeships, and reentry
services that serve persons and in historically economically
disadvantaged communities historically and disproportionately targeted
by drug enforcement.
4. Contributing to the Virginia Indigent Defense Commission established pursuant to § 19.2-163.01; and
5. Contributing to the Virginia Cannabis Equity
Business Loan Fund established pursuant to § 4.1- 1501.
Expenditures and disbursements from the Fund shall be made by the State Treasurer on warrants issued by the Comptroller upon written request signed by the Director of Diversity, Equity, and Inclusion.
§ 3.2-4112. Definitions.
As used in this chapter, unless the context requires a different meaning:
"Cannabis sativa product" means a product made from any part of the plant Cannabis sativa with a concentration of tetrahydrocannabinol that is greater than that allowed by federal law.
"Deal" means to temporarily possess industrial
hemp grown in compliance with state or federal law that (i) has not been
processed and (ii) was not grown and will not be processed by the person
temporarily possessing it.
"Dealer" means any person who is registered
pursuant to subsection A of § 3.2-4115 to deal in industrial hemp.
"Dealer" does not include a retail establishment that sells or offers
for sale a hemp product.
"Dealership" means the location at which a dealer
stores or intends to store the industrial hemp in which he deals.
"Federally licensed hemp producer" means a person who holds a hemp producer license issued by the U.S. Department of Agriculture pursuant to 7 C.F.R. Part 990.
"Grow" means to plant, cultivate, or harvest a plant or crop.
"Grower" means any person registered pursuant to subsection A of § 3.2-4115 to grow industrial hemp.
"Handle" means to temporarily possess industrial hemp grown in compliance with state or federal law that (i) has not been processed and (ii) was not grown by and will not be processed by the person temporarily possessing it.
"Handler" means any person who is registered pursuant to subsection A of § 3.2-4115 to handle industrial hemp. "Handler" does not include a retail establishment that sells or offers for sale a hemp product.
"Handler's storage site" means the location at which a handler stores or intends to store the industrial hemp he handles.
"Hemp product" means a product, including any raw materials from industrial hemp that are used for or added to a food or beverage product, that contains industrial hemp and has completed all stages of processing needed for the product.
"Industrial hemp" means any part of the plant Cannabis sativa, including seeds thereof, whether growing or not, with a concentration of tetrahydrocannabinol that is no greater than that allowed by federal law. "Industrial hemp" includes an industrial hemp extract that has not completed all stages of processing needed to convert the extract into a hemp product.
"Process" means to convert industrial hemp into a hemp product.
"Processor" means a person registered pursuant to subsection A of § 3.2-4115 to process industrial hemp.
"Process site" means the location at which a processor processes or intends to process industrial hemp.
"Production field" means the land or area on which a grower or a federally licensed hemp producer is growing or intends to grow industrial hemp.
§ 3.2-4113. Production of industrial hemp lawful.
A. It is lawful for a grower, his agent, or a federally
licensed hemp producer to grow, a dealer handler or his agent to
deal in handle, or a processor or his agent to process industrial
hemp in the Commonwealth for any lawful purpose. No federally licensed hemp
producer or grower or his agent shall be prosecuted under Chapter 11 (§
4.1-1100 et seq.) of Title 4.1 or § 18.2-247, 18.2-248, 18.2-248.01,
18.2-248.1, or 18.2-250 for the possession or growing of industrial hemp or any
Cannabis sativa with a tetrahydrocannabinol concentration that does not exceed
the total delta-9 tetrahydrocannabinol concentration percentage
established in federal regulations applicable to negligent violations located
at 7 C.F.R. 990.6(b)(3). No dealer handler or his agent or
processor or his agent shall be prosecuted under Chapter 11 (§ 4.1-1100 et
seq.) of Title 4.1 or § 18.2-247, 18.2-248, 18.2-248.01, 18.2-248.1, or
18.2-250 or issued a summons or judgment for the possession, dealing
handling, or processing of industrial hemp. In any complaint, information,
or indictment, and in any action or proceeding brought for the enforcement of
any provision of Chapter 11 (§ 4.1-1100 et seq.) of Title 4.1, Article 1
(§ 18.2-247 et seq.) of Chapter 7 of Title 18.2, or the Drug Control Act
(§ 54.1-3400 et seq.), it shall not be necessary to negate any exception,
excuse, proviso, or exemption contained in this chapter or the Drug Control
Act, and the burden of proof of any such exception, excuse, proviso, or
exemption shall be on the defendant.
B. Nothing in this chapter shall be construed to authorize any person to violate any federal law or regulation.
C. No person shall be prosecuted under Chapter 11 (§ 4.1-1100
et seq.) of Title 4.1 or § 18.2-247, 18.2-248, 18.2-248.01, 18.2-248.1, or
18.2-250 for the involuntary growth of industrial hemp through the inadvertent
natural spread of seeds or pollen as a result of proximity to a production
field, dealership handler's storage site, or process site.
§ 3.2-4114. Regulations.
A. The Board may adopt regulations pursuant to this chapter as
necessary to register persons to grow, deal in handle, or process
industrial hemp or implement the provisions of this chapter.
B. Upon publication by the U.S. Department of Agriculture in
the Federal Register of any final rule regarding industrial hemp that
materially expands opportunities for growing, producing, or dealing in
handling industrial hemp in the Commonwealth, the Board shall immediately
adopt amendments conforming Department regulations to such federal final rule.
Such adoption of regulations by the Board shall be exempt from the provisions
of the Administrative Process Act (§ 2.2-4000 et seq.).
§ 3.2-4114.2. Authority of Commissioner; notice to law enforcement; report.
A. The Commissioner may charge a nonrefundable fee not to exceed $250 for any application for registration or renewal of registration allowed under this chapter. The Commissioner may charge a nonrefundable fee for the tetrahydrocannabinol testing allowed under this chapter. All fees collected by the Commissioner shall be deposited in the state treasury.
B. The Commissioner shall adopt regulations establishing a fee structure for a registration issued pursuant to § 3.2-4115. With the exception of § 2.2-4031, no provision of the Administrative Process Act (§ 2.2-4000 et seq.) or public participation guideline adopted pursuant thereto shall apply to the adoption of any regulation pursuant to this subsection. However, prior to adopting any regulation pursuant to this subsection, the Commissioner shall review the recommendation of an advisory panel that shall consider the economic impact of any proposed fee amount on the Commonwealth's industrial hemp industry. The advisory panel shall, at a minimum, include (i) an agribusiness representative or organization, (ii) a farming representative or organization, and (iii) a hemp industry representative or organization. Prior to adopting any regulation pursuant to this subsection, the Commissioner 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 shall contain (a) a summary of the proposed regulation; (b) the text of the proposed regulation; and (c) 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 of 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 of regulations pursuant to this subsection. The Commissioner shall consider and keep on file all public comments received for any regulation adopted pursuant to this subsection.
C. The Commissioner may establish an application period for a registration or renewal of registration allowed under this chapter.
D. The Commissioner shall notify the Superintendent of State Police of each registration issued by the Commissioner under this chapter and each license submitted to the Commissioner by a federally licensed hemp producer.
E. The Commissioner shall forward a copy or appropriate
electronic record of each registration issued by the Commissioner under this
chapter and each license submitted to the Commissioner by a federally licensed
hemp producer to the chief law-enforcement officer of the county or city where
industrial hemp will be grown, dealt handled, or processed.
F. The Commissioner may monitor the industrial hemp grown,
dealt handled, or processed by a person registered pursuant to
subsection A of § 3.2-4115 and provide for random sampling and testing of
the industrial hemp in accordance with any criteria established by the
Commissioner and at the cost of the grower, dealer handler, or
processor, for compliance with tetrahydrocannabinol limits and for other appropriate
purposes established pursuant to § 3.2-4114. In addition to any routine
inspection and sampling, the Commissioner may inspect and sample the industrial
hemp at any production field, dealership handler's storage site,
or process site during normal business hours without advance notice if he has
reason to believe a violation of this chapter is occurring or has occurred.
G. The Commissioner may require a grower, dealer
handler, or processor to destroy, at the cost of the grower, dealer
handler, or processor and in a manner approved of and verified by the
Commissioner, any Cannabis sativa that the grower grows, in which the
dealer deals handler handles, or that the processor processes
that has been tested and is found to have a concentration of tetrahydrocannabinol
that is greater than that allowed by federal law, or any Cannabis sativa
product that the processor produces.
H. Notwithstanding the provisions of subsection G, if the provisions of subdivisions 1 and 2 are included in a plan that (i) is submitted by the Department pursuant to § 10113 of the federal Agriculture Improvement Act of 2018, P.L. 115-334, (ii) requires the Department to monitor and regulate the production of industrial hemp in the Commonwealth, and (iii) is approved by the U.S. Secretary of Agriculture:
1. The Commissioner may require a grower, dealer
handler, or processor to destroy, at the cost of the grower, dealer
handler, or processor and in a manner approved of and verified by the
Commissioner, any Cannabis sativa that the grower grows, in which the
dealer deals handler handles, or that the processor processes
that has been tested and is found to have a concentration of
tetrahydrocannabinol that is greater than 0.6 percent.
2. If such a test of Cannabis sativa indicates a concentration
of tetrahydrocannabinol that is greater than 0.6 percent but less than one
percent, the Commissioner shall allow the grower, dealer handler,
or processor to request that the Cannabis sativa be sampled and tested again
before he requires its destruction.
I. The Commissioner shall advise the Superintendent of State
Police or the chief law-enforcement officer of the appropriate county or city
when, with a culpable mental state greater than negligence, a grower grows, a
dealer deals in handler handles, or a processor processes any
Cannabis sativa with a concentration of tetrahydrocannabinol that is greater
than that allowed by federal law or a processor produces a Cannabis sativa
product.
J. The Commissioner may pursue any permits or waivers from the U.S. Drug Enforcement Administration or appropriate federal agency that he determines to be necessary for the advancement of the industrial hemp industry.
K. The Commissioner may establish a corrective action plan to address a negligent violation of any provision of this chapter.
§ 3.2-4115. Issuance of registrations; exemption.
A. The Commissioner shall establish a registration program to
allow a person to grow, deal in handle, or process industrial
hemp in the Commonwealth.
B. Any person seeking to grow, deal in handle,
or process industrial hemp in the Commonwealth shall apply to the Commissioner
for a registration on a form provided by the Commissioner. At a minimum, the
application shall include:
1. The name and mailing address of the applicant;
2. The legal description and geographic data sufficient for
locating (i) the land on which the applicant intends to grow industrial hemp,
(ii) the site at which the applicant intends to deal in handle
industrial hemp, or (iii) the site at which the applicant intends to process
industrial hemp. A registration shall authorize industrial hemp growth,
dealing in handling, or processing only at the location specified in
the registration;
3. A signed statement indicating whether the applicant has ever been convicted of a felony. A person with a prior felony drug conviction within 10 years of applying for a registration under this section shall not be eligible to be registered;
4. Written consent allowing the sheriff's office, police
department, or Department of State Police, if a registration is ultimately
issued to the applicant, to enter the premises on which the industrial hemp is
grown, dealt in handled, or processed to conduct physical
inspections of the industrial hemp and to ensure compliance with the
requirements of this chapter. No more than two physical inspections shall be
conducted under this subdivision per year, unless a valid search warrant for an
inspection has been issued by a court of competent jurisdiction;
5. Written consent allowing the Commissioner or his designee
to enter the premises on which the industrial hemp is grown, dealt in
handled, or processed to conduct inspections and sampling of the industrial
hemp to ensure compliance with the requirements of this chapter;
6. A statement of the approximate square footage or acreage of
the location he intends to use as a production field, dealership
handler's storage site, or process site;
7. Any other information required by the Commissioner; and
8. The payment of a nonrefundable application fee, in an amount set by the Commissioner.
C. Each registration issued pursuant to this section shall be valid for a period of one year from the date of issuance and may be renewed in successive years. Each annual renewal shall require the payment of a registration renewal fee, in an amount set by the Commissioner.
D. All records, data, and information filed in support of a registration application submitted pursuant to this section and all information on a hemp producer license issued by the U.S. Department of Agriculture submitted to the Commissioner pursuant to this section shall be considered proprietary and excluded from the provisions of the Virginia Freedom of Information Act (§ 2.2-3700 et seq.).
E. Notwithstanding the provisions of subsection B, no federally licensed hemp producer shall be required to apply to the Commissioner for a registration to grow industrial hemp in the Commonwealth. Each federally licensed hemp producer shall submit to the Commissioner a copy of his hemp producer license issued by the U.S. Department of Agriculture pursuant to 7 C.F.R. Part 990.
§ 3.2-4116. Registration conditions.
A. A person who is not a federally licensed hemp producer
shall obtain a registration pursuant to subsection A of § 3.2-4115 prior to
growing, dealing in handling, or processing any industrial hemp
in the Commonwealth.
B. A person issued a registration pursuant to subsection A of § 3.2-4115 shall:
1. Maintain records that reflect compliance with this chapter and all other state and federal laws regulating the growing, handling, or processing of industrial hemp;
2. Retain all industrial hemp growing, dealing
handling, or processing records for at least three years;
3. Allow his production field, dealership handler's
storage site, or process site to be inspected by and at the discretion of
the Commissioner or his designee, the Department of State Police, or the chief
law-enforcement officer of the locality in which the production field or
dealership, handler's storage site, or process site exists;
4. Allow the Commissioner or his designee to monitor and test
the grower's, dealer's handler's, or processor's industrial hemp
for compliance with tetrahydrocannabinol levels and for other appropriate
purposes established pursuant to § 3.2-4114, at the cost of the grower,
dealer handler, or processor; and
5. If required by the Commissioner, destroy, at the cost of
the grower, dealer handler, or processor and in a manner approved
of and verified by the Commissioner, any Cannabis sativa that the grower grows,
the dealer deals in handler handles, or the processor processes
that has been tested and, following any re-sampling and retesting as authorized
pursuant to the provisions of § 3.2-4114.2, is found to have a concentration of
tetrahydrocannabinol that is greater than that allowed by federal law, or any
Cannabis sativa product that the processor produces.
§ 3.2-4118. Forfeiture of industrial hemp grower, handler, or processor registration; violations.
A. The Commissioner shall deny the application, or suspend or revoke the registration, of any person who, with a culpable mental state greater than negligence, violates any provision of this chapter. The Commissioner shall provide reasonable notice of an informal fact-finding conference pursuant to § 2.2-4019 to any person in connection with the denial, suspension, or revocation of a registration.
B. If a registration is revoked as the result of an informal
hearing, the decision may be appealed, and upon appeal an administrative
hearing shall be conducted in accordance with the Administrative Process Act (§
2.2-4000 et seq.). The grower, dealer handler, or processor may
appeal a final order to the circuit court in accordance with the Administrative
Process Act.
C. A person issued a registration pursuant to subsection A
of § 3.2-4115 who negligently (i) fails to provide a description and
geographic data sufficient for locating his production field, dealership
handler's storage site, or process site; (ii) grows, deals in
handles, or processes Cannabis sativa with a tetrahydrocannabinol
concentration greater than that allowed by federal law; or (iii) produces a
Cannabis sativa product shall comply with any corrective action plan
established by the Commissioner in accordance with the provisions of subsection
E. The Commissioner shall not deem a grower negligent if such grower makes
reasonable efforts to grow industrial hemp and grows Cannabis sativa with a
tetrahydrocannabinol concentration that does not exceed the total delta-9
tetrahydrocannabinol concentration percentage established in federal
regulations applicable to negligent violations located at 7 C.F.R. 990.6(b)(3).
D. A person who grows, deals in handles, or processes
industrial hemp and who negligently fails to register pursuant to subsection
A of § 3.2-4115 shall comply with any corrective action plan established by
the Commissioner in accordance with the provisions of subsection E.
E. A corrective action plan established by the Commissioner in response to a negligent violation of a provision of this chapter shall identify a reasonable date by which the person who is the subject of the plan shall correct the negligent violation and shall require such person to report periodically for not less than two calendar years to the Commissioner on the person's compliance with the provisions of this chapter.
F. No person who negligently violates the provisions of this
chapter three times in a five-year period shall be eligible to grow, deal in
handle, or process industrial hemp for a period of five years beginning on
the date of the third violation.
§ 3.2-4119. Eligibility to receive tobacco settlement funds.
Industrial hemp growers, dealers handlers, or
processors registered under this chapter or federally licensed hemp producers
may be eligible to receive funds from the Tobacco Indemnification and Community
Revitalization Fund established pursuant to § 3.2-3106.
§ 3.2-5145.6. Definitions.
As used in this article, unless the context requires a different meaning:
"Edible hemp product" means the same as that term is defined in § 4.1-600.
"Edible marijuana product" means the same as that term is defined in § 4.1-600.
"Food" means any article that is intended for human consumption and introduction into commerce, whether the article is simple, mixed, or compound, and all substances or ingredients used in the preparation thereof. "Food" does not mean "drug" as defined in § 54.1-3401.
§ 3.2-5145.7. Edible marijuana products and edible hemp products; approved food; adulterated food.
A. An edible marijuana product or edible hemp product is a food and is subject to the requirements of this chapter and regulations adopted pursuant to this chapter.
B. An edible marijuana product or edible hemp product that does not comply with the provisions of § 4.1-1407 or health and safety regulations adopted pursuant thereto shall be deemed to be adulterated.
§ 3.2-5145.8. Manufacturer of edible marijuana products or edible hemp products.
A. A manufacturer of an edible marijuana product shall be an approved source if the manufacturer operates:
1. Under inspection by the Commissioner in the location in which such manufacturing occurs; and
2. In compliance with the laws, regulations, or criteria that pertain to the manufacture of edible marijuana products in the location in which such manufacturing occurs.
B. A manufacturer of an edible hemp product shall be an approved source if the manufacturer operates:
1. Under inspection by the responsible food regulatory agency in the location in which such manufacturing occurs; and
2. In compliance with the laws, regulations, or criteria that pertain to the manufacture of edible hemp products in the location in which such manufacturing occurs.
§ 3.2-5145.9. Regulations.
A. The Board is authorized to adopt regulations for the efficient enforcement of this article.
B. 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 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 adopted pursuant to this section. The Board shall consider and keep on file all public comments received for any regulation adopted pursuant to this section.
§ 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, retail marijuana products, marijuana plants, or marijuana seeds, or regulated hemp products, 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 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 for use or sale. "Cultivation" or "cultivate" does not include manufacturing or testing.
"Edible hemp product" means a hemp product intended to be consumed orally that is or contains an industrial hemp extract.
"Edible marijuana product" means a marijuana product intended to be consumed orally, including marijuana intended to be consumed orally or marijuana concentrate intended to be consumed orally.
"Hemp product" means the same as that term is defined in § 3.2-4112.
"Hemp product intended for smoking" means any hemp product intended to be consumed by inhalation.
"Historically economically disadvantaged community" means a (i) census tract in which the majority of the population are people of color or (ii) census tract with a poverty rate that is higher than the average statewide poverty rate.
"Immature plant" means a nonflowering marijuana 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.
"Industrial hemp" means the same as that term is defined in § 3.2-4112.
"Industrial hemp extract" means an extract (i) of a Cannabis sativa plant that has a concentration of tetrahydrocannabinol that is no greater than that allowed for hemp by federal law and (ii) that is intended for human consumption. "Industrial hemp extract" does not include a hemp seed-derived ingredient that is approved by the U.S. Food and Drug Administration or is the subject of a generally recognized as safe notice for which the U.S. Food and Drug Administration had no questions.
"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 products or regulated hemp products or the
blending, infusing, compounding, or other preparation of marijuana and,
marijuana products, or regulated hemp products, including marijuana
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 (i) 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); (ii) 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); (iii)
industrial hemp that is possessed by a person who holds a hemp producer license
issued by the U.S. Department of Agriculture pursuant to 7 C.F.R. Part 990;
(iv) a hemp product, as defined in § 3.2-4112 other than a
regulated hemp product, containing a total 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 handled,
or processed in compliance with state or federal law; (v) a regulated hemp
product that does not exceed the maximum tetrahydrocannabinol concentration
established pursuant to § 4.1-606 and that is derived from industrial hemp that
is grown, handled, or processed in compliance with state or federal law; or
(vi) any substance containing a tetrahydrocannabinol isomer or salts of such
isomer where such tetrahydrocannabinol isomer or salts of such isomer have been
placed by the Board of Pharmacy into one of the schedules set forth in the Drug
Control Act (§ 54.1-3400 et seq.) pursuant to § 54.1-3443.
"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, regulated hemp 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" means marijuana that is not cultivated, manufactured, or sold by a licensed marijuana establishment.
"Non-retail marijuana products" means marijuana products that are not manufactured and sold by a licensed marijuana 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 or retail marijuana 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.
"Regulated hemp product" means a hemp product intended for smoking or an edible hemp product.
"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" means marijuana that is cultivated, manufactured, or sold by a licensed marijuana establishment.
"Retail marijuana products" means marijuana products that are manufactured and sold by a licensed marijuana 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 or, retail marijuana products, or
regulated hemp 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, marijuana products, regulated hemp products, or other substances for contaminants, safety, or potency. "Testing" or "test" does not include cultivation or manufacturing.
"Tetrahydrocannabinol" means any naturally occurring or synthetic tetrahydrocannabinol, including its salts, isomers, and salts of isomers whenever the existence of such salts, isomers, and salts of isomers is possible within the specific chemical designation and any preparation, mixture, or substance containing, or mixed or infused with, any detectable amount of tetrahydrocannabinol. "Tetrahydrocannabinol" includes delta-6a(10a), delta-7, delta-8, delta-9, and delta-10 tetrahydrocannabinol. For the purposes of this definition, "isomer" means the optical, position, and geometric isomers.
"Topical hemp product" means a hemp product that (i) is intended to be rubbed, poured, sprinkled, or sprayed on, introduced into, or otherwise applied to the human body and (ii) is not a regulated hemp product.
"Total tetrahydrocannabinol concentration" means the sum, after the application of any necessary conversion factor, of the percentage by weight of tetrahydrocannabinol and the percentage by weight of tetrahydrocannabinolic acid.
§ 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 and, retail
marijuana products, and regulated hemp 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 and, retail marijuana products, and regulated
hemp products in the Commonwealth, with plenary power to prescribe and
enforce regulations and conditions under which retail marijuana and,
retail marijuana products, and regulated hemp 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 and marijuana legalization and make recommendations
regarding health warnings, retail marijuana and, retail marijuana
products, and regulated hemp 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 and marijuana legalization in the Commonwealth and to develop recommendations as necessary.
2. To monitor changes in drug use data related to marijuana and marijuana 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 and, marijuana products, and regulated hemp
products;
3. Grant, suspend, and revoke licenses for the cultivation,
manufacture, distribution, sale, and testing of marijuana and,
marijuana products, and regulated hemp products as provided by law;
4. Determine the nature, form, and capacity of all containers used for holding marijuana products and regulated hemp 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 that trains employees on how to educate consumers on the potential risks of marijuana use;
7. Establish a plan to develop and disseminate to retail marijuana store licensees a pamphlet or similar document regarding the potential risks of marijuana 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 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 an 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 industry and recommending strategies to
effectively mitigate such potential barriers; (iii) provide assistance with
business planning for potential marijuana establishment licensees; (iv) spread
awareness of business opportunities related to the marijuana marketplace in
areas disproportionately impacted by marijuana prohibition and enforcement
historically economically disadvantaged communities; (v) provide technical
assistance in navigating the administrative process to potential marijuana
establishment licensees; and (vi) conduct other outreach initiatives in
areas disproportionately impacted by marijuana prohibition and enforcement
historically economically disadvantaged communities 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 industry by
people from historically economically disadvantaged communities that
have been disproportionately impacted by marijuana 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 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 consumption; (ii)
health risks and other dangers associated with marijuana consumption, including
inability to operate a motor vehicle and other types of transportation and
equipment; and (iii) ancillary effects of marijuana 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 and retail marijuana 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 and,
marijuana products, and regulated hemp products. The Board may amend or
repeal such regulations. Such Except as otherwise provided by law,
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 and manufacture
of retail marijuana by a marijuana cultivation facility licensee
and retail marijuana products, including security requirements to
include related to lighting, physical security, and alarm
requirements, provided that such requirements do not prohibit the cultivation
of marijuana outdoors or in a greenhouse alarms and requirements for
secure disposal of waste or unusable materials;
2. Establish security requirements for all marijuana establishments, including requirements for securely transporting marijuana between marijuana establishments;
3. Establish sanitary standards for retail marijuana product and regulated hemp product preparation;
4. Establish a testing program for retail marijuana and,
retail marijuana products pursuant to Chapter 14 (§ 4.1-1400 et seq.),
and regulated hemp products;
5. Establish an application process for licensure as a marijuana establishment pursuant to this subtitle in a way that, when possible, prevents disparate impacts on historically economically disadvantaged communities;
6. Establish packaging requirements and requirements for health and safety warning labels to be placed on retail marijuana and retail marijuana products to be sold or offered for sale by a licensee to a consumer and on regulated hemp products to be sold or offered for sale by a person in accordance with the provisions of this subtitle. Such provisions shall require that labels include information regarding the amount of product that constitutes a single serving and the percentage and milligrams of tetrahydrocannabinol in each package and serving;
7. Establish a maximum tetrahydrocannabinol level for retail
marijuana products, which and regulated hemp products. Such
tetrahydrocannabinol level for retail marijuana products shall not exceed
(i) five 10 milligrams per serving for edible marijuana products
and where practicable an equivalent amount for other marijuana products or (ii)
50 100 milligrams per package for edible marijuana products and
where practicable an equivalent amount for other marijuana 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 and by any person selling a regulated hemp product, including the manner and timeframe in which licensees and persons must make such records and accounts available to the Board;
9. Provide alternative methods for licensees and any person selling a regulated hemp product 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 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
and grant license preferences to 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; (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; (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 crimes; (iv) an applicant
with at least 66 percent ownership by a person or persons who have resided
for at least three four 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 a historically 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 disadvantaged community;
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 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 in a historically economically disadvantaged community, (ii)
what percentage of application or license fees are waived for a qualified social
equity applicant such applicants, and (iii) a any
low-interest business loan program for qualified social equity such
applicants, and (iv) determining which jurisdictions are historically
economically disadvantaged communities;
16. 15. Establish guidelines, in addition to
requirements set forth in this subtitle, for the personal cultivation of
marijuana 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. 16. Establish reasonable time, place, and
manner restrictions on outdoor advertising of retail marijuana or,
retail marijuana products, not inconsistent with the provisions of this
chapter, so and regulated hemp products. Such restrictions shall ensure
that such advertising displaces the illicit market, includes health and
safety warnings, and notifies the public of the location of marijuana
and hemp establishments. Such regulations shall be promulgated in
accordance with § 4.1-1404;
18. 17. Establish restrictions on the number of
licenses that a person may be granted to operate a marijuana establishment in
single locality or region; and
19. Establish restrictions on 18. Notwithstanding
subdivision C 4, allow pharmaceutical processors and industrial hemp
processors that have been to be granted a license in more than
one license category pursuant to subsection C of § 4.1-805 and
establish restrictions 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;
19. Establish requirements for routine inspections of all marijuana establishments, which shall occur no less than once per year;
20. Establish minimum equipment and resource requirements for marijuana establishments;
21. Establish processes to ensure the safe and secure dispensing of retail marijuana and retail marijuana products;
22. Establish processes to ensure the safe wholesale distribution and transfer of retail marijuana and retail marijuana products;
23. Establish requirements regarding the sale of devices by licensees for administration of retail marijuana and retail marijuana products; and
24. Establish a process for certain licensees to acquire from a registered industrial hemp handler or processor industrial hemp extracts grown and processed in the Commonwealth in compliance with state and federal law and a process for licensees to formulate such extracts into retail marijuana products.
C. The Board may promulgate regulations that:
1. Limit the number of licenses issued by type or class to
operate a marijuana establishment; however, the number of licenses issued
shall not exceed the following limits:
a. Retail marijuana stores, 400;
b. Marijuana wholesalers, 25;
c. Marijuana manufacturing facilities, 60; and
d. Marijuana 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, 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 cultivation facility license, marijuana manufacturing facility license, marijuana wholesaler license, or retail marijuana store 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.
5. Allow small business licensees, as determined by the Board, to (i) enter into cooperative agreements with other small business licensees and (ii) lease space and cultivate, manufacture, and sell retail marijuana and retail marijuana products on the premises of another licensee.
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.
§ 4.1-610. Financial interests of Board, employees, and family members prohibited.
No Board member or employee of the Authority shall (i) be a
principal stockholder or (ii) otherwise have any financial interest, direct or
indirect, in any licensee subject to the provisions of this subtitle or in any
entity that has submitted an application for a license under Chapter 8 (§
4.1-800 et seq.). No Board member and no spouse or immediate family member
of a Board member shall make any contribution to a candidate for office or
officeholder at the local or state level or cause such a contribution to be
made on his behalf.
§ 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 tax revenues
collected under § 4.1-1004 and distributed pursuant to § 4.1-614 this
section 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 Taxes." The revenues shall be credited to the account of the locality in which they were collected. If revenues were collected from a marijuana establishment located in more than one locality by reason of the boundary line or lines passing through the marijuana 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.
§ 4.1-619. Certified mail; subsequent mail or notices may be sent by regular mail; electronic communications as alternative to regular mail; limitation.
A. Whenever in this subtitle the Board is required to send any mail or notice by certified mail and such mail or notice is sent certified mail, return receipt requested, then any subsequent, identical mail or notice that is sent by the Board may be sent by regular mail.
B. Except as provided in subsection C, whenever in this
subtitle the Board is required or permitted to send any mail, notice, or other
official communication by regular mail to persons licensed under Chapter 8
(§ 4.1-800 et seq.) a licensee, upon the request of a licensee, the
Board may instead send such mail, notice, or official communication by email,
text message, or other electronic means to the email address, telephone number,
or other contact information provided to the Board by the licensee, provided
that the Board retains sufficient proof of the electronic delivery, which may
be an electronic receipt of delivery or a certificate of service prepared by
the Board confirming the electronic delivery.
C. No notice required by § 4.1-903 to a licensee of a
hearing that may result in the suspension or revocation of his license or the
imposition of a civil penalty shall be sent by the Board by email, text
message, or other electronic means, nor shall any decision by the Board to
suspend or revoke a license or impose a civil penalty be sent by the Board by
email, text message, or other electronic means.
§ 4.1-629. Local referendum on prohibition of marijuana establishments.
A. The governing body of a locality may, by resolution, petition the circuit court for the locality for a referendum on the question of whether marijuana establishments should be prohibited in the locality.
Upon the filing of a petition, the circuit court shall order the election officials to conduct a referendum on the question on the date fixed in the order. The date set by the order shall comply with the provisions of § 24.2-682, but in no event shall such date be more than 90 days from the date the order is issued. The clerk of the circuit court shall publish notice of the referendum in a newspaper of general circulation in the locality once a week for three consecutive weeks prior to the referendum.
The question on the ballot shall be:
"Shall the operation of marijuana establishments be prohibited in __________ (name of county, city, or town)?"
The referendum shall be held and the results certified as provided in § 24.2-684. In addition to the certifications required by such section, the secretary of the local electoral board shall certify the results of the referendum to the Board of Directors of the Virginia Cannabis Control Authority and to the governing body of the locality.
B. If a majority of the qualified voters voting in such referendum vote "No" on the question of whether marijuana establishments shall be prohibited in the locality, marijuana establishments shall be permitted to operate within the locality 60 days after the results are certified or on July 1, 2024, whichever is later, and no subsequent referendum may be held pursuant to this section within such locality.
If a majority of the qualified voters voting in such referendum vote "Yes" on the question of whether marijuana establishments shall be prohibited in the locality, marijuana establishments shall be prohibited in the locality effective January 1 of the year immediately following the referendum. A referendum on the same question may be held subsequent to a vote to prohibit marijuana establishments but not earlier than the fourth November following the date of the previous referendum. Any subsequent referendum shall be held pursuant to the provisions of this section.
C. When any referendum is held pursuant to this section in a town, separate and apart from the county in which such town or a part thereof is located, such town shall be treated as being separate and apart from such county. When any referendum is held pursuant to this section in a county, any town located within such county shall be treated as being separate and apart from such county.
D. The legality of any referendum held pursuant to this section shall be subject to the inquiry, determination, and judgment of the circuit court that ordered the referendum. The court shall proceed upon the complaint of 15 or more qualified voters of the county, city, or town, filed within 30 days after the date the results of the referendum are certified and setting out fully the grounds of contest. The complaint and the proceedings shall conform as nearly as practicable to the provisions of § 15.2-1654, and the judgment of the court entered of record shall be a final determination of the legality of the referendum.
E. Referendums held pursuant to this section shall not apply to or prohibit the licensure and operation of a marijuana establishment by and on the premises of a pharmaceutical processor or cannabis dispensing facility 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 prior to January 1, 2023.
§ 4.1-700. License requirement; background checks; expiration.
A. The Board may grant the following licenses:
1. Marijuana cultivation facility license;
2. Marijuana manufacturing facility license;
3. Marijuana wholesale license; and
4. Retail marijuana store license.
B. No person shall operate a marijuana establishment or exercise the privileges of any license set forth in subsection A without first obtaining a license from the Board.
C. Applications for a license shall be submitted on a form provided by the Board. The Board shall require that all applications include the name and signature of the applicant's compliance officer. The Board shall establish an application fee and any other requirements for such applications.
D. License applicants, including all material owners of any applicant, shall submit to fingerprinting and provide personal descriptive information to be forwarded along with the fingerprints through the Central Criminal Records Exchange to the Federal Bureau of Investigation for the purpose of obtaining criminal history record information. 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 record search to the Board or its designee, which shall be a governmental entity.
E. Each license shall expire annually on a date determined by the Board.
F. All licenses shall be displayed in a conspicuous place on the licensed premises.
§ 4.1-701. Exemptions from licensure.
The licensure requirements set forth in § 4.1-700 shall not apply to (i) a pharmaceutical processor or cannabis dispensing facility that has been issued a permit by the Board of Pharmacy pursuant to, and is operating in accordance with, Article 4.2 (§ 54.1-3442.5 et seq.) of the Drug Control Act; (ii) a handler, grower, or processor of industrial hemp registered with the Commissioner of Agriculture and Consumer Services pursuant to, and operating in accordance with, Chapter 41.1 (§ 3.2-4112 et seq.) of Title 3.2; (iii) a manufacturer of industrial hemp extract or food containing an industrial hemp extract operating in accordance with Article 5 (§ 3.2-5145.1 et seq.) of Chapter 51 of Title 3.2; or (iv) a person who cultivates marijuana at home for personal use pursuant to § 4.1-1101. Nothing in this subtitle shall be construed to (a) prevent such persons from obtaining a license pursuant to this subtitle, provided such person satisfies applicable licensing requirements; (b) prevent a licensee from acquiring hemp products from an industrial hemp processor in accordance with the provisions of Chapter 41.1 of Title 3.2; or (c) prevent a cultivation, manufacturing, wholesale, or retail licensee from operating on the licensed premises of a pharmaceutical processing facility in accordance with Article 4.2 of the Drug Control Act or an industrial hemp processing facility in accordance with Chapter 41.1 of Title 3.2.
§ 4.1-702. Dispensing requirements and limitations; records.
A. A licensee shall dispense retail marijuana and retail marijuana products only in person and to persons to whom retail marijuana and retail marijuana products may be lawfully sold.
B. Prior to the dispensing of retail marijuana or retail marijuana products, the licensee shall require the purchaser to present bona fide evidence of legal age indicating that the purchaser is 21 years of age or older.
C. Licensees shall maintain, on site or remotely by electronic means, for two years a paper or electronic copy of all transactions.
D. No licensee shall dispense more than one ounce of retail marijuana or an equivalent amount of retail marijuana products, as determined by the Board, to a single purchaser per day.
E. A licensee may only sell and dispense retail marijuana and retail marijuana products that have been registered by the Board.
§ 4.1-703. Employees; background checks; qualifications.
A. Licensees shall maintain criminal history record information for all employees and agents of the licensee in accordance with Board regulations. Criminal history record checks of employees and agents may be conducted by any service sufficient to disclose any federal and state criminal convictions.
B. 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 licensee.
C. Licensees shall adopt policies for pre-employment drug screenings and regular, ongoing random drug screening of all employees.
D. In addition to other employees authorized by the Board, a licensee may employ individuals who have less than two years of relevant experience to (i) 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 Board-recognized certification or who has at least two years of experience cultivating plants and (ii) 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.
§ 4.1-704. Compliance officers.
A. Every licensee that is authorized to cultivate, manufacture, or dispense retail marijuana or retail marijuana products shall designate one or more compliance officers. Compliance officers shall (i) personally supervise the licensee's cultivation, manufacturing, and dispensing areas, as applicable; (ii) ensure that security measures are adequate to protect the retail marijuana or retail marijuana products from diversion at all times; and (iii) determine the number of employees that can be safely and competently supervised at one time. However, no compliance officer shall supervise more than six persons performing the dispensing duties at one time.
B. The Board shall establish criteria for determining whether a person is qualified and fit to serve as a compliance officer.
C. The Board shall direct all communications related to enforcement of requirements related to the cultivation, manufacturing, and dispensing of retail marijuana and retail marijuana products by the licensee to the licensee's compliance officer.
§ 4.1-1003. Marijuana tax; exceptions.
A. A tax of 21 percent is levied on the sale in the Commonwealth of any retail marijuana, retail marijuana products, marijuana paraphernalia sold by a retail marijuana store, non-retail marijuana, and non-retail marijuana products. The tax shall be in addition to any tax imposed under the Virginia Retail Sales and Use Tax Act (§ 58.1-600 et seq.) or any other provision of federal, state, or local law.
B. The tax shall not apply to any sale:
1. From a marijuana establishment to another marijuana establishment.
2. Of cannabis oil for treatment under the provisions of § 54.1-3408.3 and Article 4.2 (§ 54.1-3442.5 et seq.) of the Drug Control Act.
3. Of industrial hemp by a grower, processor, or handler under the provisions of Chapter 41.1 (§ 3.2-4112 et seq.) of Title 3.2.
4. Of a hemp product that is not a regulated hemp product.
C. All revenues remitted to the Authority under this section shall be disposed of as provided in § 4.1-614.
§ 4.1-1004. Optional local marijuana tax.
A. Any locality may by ordinance levy a three percent tax on any sale taxable under § 4.1-1003. The tax shall be in addition to any local sales tax imposed under the Virginia Retail Sales and Use Tax Act (§ 58.1-600 et seq.), any food and beverage tax imposed under Article 7.1 (§ 58.1-3833 et seq.) of Chapter 38 of Title 58.1, and any excise tax imposed on meals under § 58.1-3840. Other than the taxes authorized and identified in this subsection, a locality shall not impose any other tax on a sale taxable under § 4.1-1003.
B. If a town imposes a tax under this section, any tax imposed by its surrounding county under this section shall not apply within the limits of the town.
C. Nothing in this section shall be construed to prohibit a locality from imposing any tax authorized by law on a person or property regulated under this subtitle. Nothing in this section shall be construed to limit the authority of any locality to impose a license or privilege tax or fee on a business engaged in whole or in part in sales taxable under § 4.1-1003 if such tax or fee is (i) based on an annual or per-event flat fee authorized by law or (ii) is an annual license or privilege tax authorized by law, and such tax includes sales or receipts taxable under § 4.1-1003 in its taxable measure.
D. Any locality that enacts an ordinance pursuant to subsection A shall, within 30 days, notify the Authority and any retail marijuana store in such locality of the ordinance's enactment. The ordinance shall take effect on the first day of the second month following its enactment.
E. Any tax levied under this section shall be administered and collected by the Authority in the same manner as provided for the tax imposed under § 4.1-1003.
F. All revenues remitted to the Authority under this section shall be disposed of as provided in § 4.1-614.
§ 4.1-1005. Tax returns and payments; commissions; interest.
A. For any sale taxable under §§ 4.1-1003 and 4.1-1004, the seller shall be liable for collecting any taxes due. All taxes collected by a seller shall be deemed to be held in trust for the Commonwealth. The buyer shall not be liable for collecting or remitting the taxes or filing a return.
B. On or before the tenth day of each month, any person liable for a tax due under § 4.1-1003 or 4.1-1004 shall file a return under oath with the Authority and pay any taxes due. Upon written application by a person filing a return, the Authority may, if it determines good cause exists, grant an extension to the end of the calendar month in which the tax is due, or for a period not exceeding 30 days. Any extension shall toll the accrual of any interest or penalties under § 4.1-1007.
C. The Authority may accept payment by any commercially acceptable means, including cash, checks, credit cards, debit cards, and electronic funds transfers, for any taxes, interest, or penalties due under this subtitle. The Board may assess a service charge for the use of a credit or debit card.
D. Upon request, the Authority may collect and maintain a record of a person's credit card, debit card, or automated clearinghouse transfer information and use such information for future payments of taxes, interest, or penalties due under this subtitle. The Authority may assess a service charge for any payments made under this subsection. The Authority may procure the services of a third-party vendor for the secure storage of information collected pursuant to this subsection.
E. If any person liable for tax under §§ 4.1-1003 and 4.1-1004 sells out his business or stock of goods or quits the business, such person shall make a final return and payment within 15 days after the date of selling or quitting the business. Such person's successors or assigns, if any, shall withhold sufficient of the purchase money to cover the amount of such taxes, interest, and penalties due and unpaid until such former owner produces a receipt from the Authority showing payment or a certificate stating that no taxes, penalties, or interest are due. If the buyer of a business or stock of goods fails to withhold the purchase money as provided in this subsection, such buyer shall be liable for the payment of the taxes, interest, and penalties due and unpaid on account of the operation of the business by any former owner.
F. When any person fails to timely pay the full amount of tax due under § 4.1-1003 or 4.1-1004, interest at a rate determined in accordance with § 58.1-15 shall accrue on the tax until it is paid. Any taxes due under §§ 4.1-1003 and 4.1-1004 shall, if applicable, be subject to penalties as provided in §§ 4.1-1206 and 4.1-1207.
§ 4.1-1006. Bonds.
The Authority may, when deemed necessary and advisable to do so in order to secure the collection of the taxes levied under §§ 4.1-1003 and 4.1-1004, require any person subject to such tax to file a bond, with such surety as it determines is necessary to secure the payment of any tax, penalty, or interest due or that may become due from such person. In lieu of such bond, securities approved by the Authority may be deposited with the State Treasurer, which securities shall be kept in the custody of the State Treasurer, and shall be sold by the State Treasurer at the request of the Authority at public or private sale if it becomes necessary to do so in order to recover any tax, interest, or penalty due the Commonwealth. Upon any such sale, the surplus, if any, above the amounts due shall be returned to the person who deposited the securities.
§ 4.1-1007. Statute of limitations; civil remedies for collecting past-due taxes, interest, and penalties; appeals.
A. The taxes imposed under §§ 4.1-1003 and 4.1-1004 shall be assessed within three years from the date on which such taxes became due and payable. In the case of a false or fraudulent return with intent to defraud the Commonwealth, or a failure to file a return, the taxes may be assessed, or a proceeding in court for the collection of such taxes may be begun without assessment, at any time within six years from such date. The Authority shall not examine any person's records beyond the three-year period of limitations unless it has reasonable evidence of fraud or reasonable cause to believe that such person was required by law to file a return and failed to do so.
B. If any person fails to file a return as required by this section, or files a return that is false or fraudulent, the Authority may make an estimate for the taxable period of the taxable sales of such person and assess the tax, plus any applicable interest and penalties. The Authority shall give such person 10 days' notice requiring such person to provide any records as it may require relating to the business of such person for the taxable period. The Authority may require such person or the agents and employees of such person to give testimony or to answer interrogatories under oath administered by the Authority respecting taxable sales, the filing of the return, and any other relevant information. If any person fails to file a required return, refuses to provide required records, or refuses to answer interrogatories from the Authority, the Authority may make an estimated assessment based upon the information available to it and issue a memorandum of lien under subsection C for the collection of any taxes, interest, or penalties. The estimated assessment shall be deemed prima facie correct.
C. 1. If the Authority assesses taxes, interest, or penalties on a person and such person does not pay within 30 days after the due date, taking into account any extensions granted by the Authority, the Authority may file a memorandum of lien in the circuit court clerk's office of the county or city in which the person's place of business is located or in which the person resides. If the person has no place of business or residence within the Commonwealth, the memorandum may be filed in the Circuit Court of the City of Richmond. A copy of the memorandum may also be filed in the clerk's office of all counties and cities in which the person owns real estate. Such memorandum shall be recorded in the judgment docket book and shall have the effect of a judgment in favor of the Commonwealth, to be enforced as provided in Article 19 (§ 8.01-196 et seq.) of Chapter 3 of Title 8.01, except that a writ of fieri facias may issue at any time after the memorandum is filed. The lien on real estate shall become effective at the time the memorandum is filed in the jurisdiction in which the real estate is located. No memorandum of lien shall be filed unless the person is first given 10 or more days' prior notice of intent to file a lien; however, in those instances where the Authority determines that the collection of any tax, penalties, or interest required to be paid pursuant to law will be jeopardized by the provision of such notice, notification may be provided to the person concurrent with the filing of the memorandum of lien. Such notice shall be given to the person at his last known address.
2. Recordation of a memorandum of lien under this subsection shall not affect a person's right to appeal under subsection D.
3. If after filing a memorandum of lien the Authority determines that it is in the best interest of the Commonwealth, it may place padlocks on the doors of any business enterprise that is delinquent in filing or paying any tax owed to the Commonwealth. The Authority shall also post notices of distraint on each of the doors so padlocked. If, after three business days, the tax deficiency has not been satisfied or satisfactory arrangements for payment made, the Authority may cause a writ of fieri facias to be issued. It shall be a Class 1 misdemeanor for anyone to enter the padlocked premises without prior approval of the Authority. In the event that the person against whom the distraint has been applied subsequently appeals under subsection D, the person shall have the right to post bond equaling the amount of liability in lieu of payment until the appeal is resolved.
4. A person may petition the Authority after a memorandum of lien has been filed under this subsection if the person alleges an error in the filing of the lien. The Authority shall make a determination on such petition within 14 days. If the Authority determines that the filing was erroneous, it shall issue a certificate of release of the lien within seven days after such determination is made.
D. Any tax imposed under § 4.1-1003 or 4.1-1004, any interest imposed under this section, and any penalty imposed under § 4.1-1206 or 4.1-1207 shall be subject to appeal and review under the Administrative Process Act (§ 2.2-4000 et seq.). Such review shall extend to the entire evidential record of the proceedings provided by the Authority in accordance with the Administrative Process Act. An appeal shall lie to the Court of Appeals from any order of a circuit court. Notwithstanding § 8.01-676.1, the final judgment or order of a circuit court shall not be suspended, stayed, or modified by such circuit court pending appeal to the Court of Appeals. Neither mandamus nor injunction shall lie in any such case.
§ 4.1-1104. Persons to whom marijuana or marijuana products may not be sold; proof of legal age; penalties.
A. No person shall sell, give, or distribute any marijuana or marijuana products to any individual when at the time of such sale he knows or has reason to believe that the individual to whom the sale is made is (i) younger than 21 years of age or (ii) intoxicated. Any person convicted of a violation of this subsection is guilty of a Class 1 misdemeanor.
B. It is unlawful for any person 21 years of age or older to sell or distribute, or possess with the intent to sell or distribute, marijuana paraphernalia to any person younger than 21 years of age. Any person who violates this subsection is guilty of a Class 1 misdemeanor.
C. It is unlawful for any person 21 years of age or older to place in any newspaper, magazine, handbill, or other publication any advertisement, knowing or under circumstances where one reasonably should know, that the purpose of the advertisement, in whole or in part, is to promote the sale of marijuana paraphernalia to persons younger than 21 years of age. Any person who violates this subsection is guilty of a Class 1 misdemeanor.
D. Any person who sells marijuana or marijuana products to an individual who is younger than 21 years of age and at the time of the sale does not require the individual to present bona fide evidence of legal age indicating that the individual is 21 years of age or older is guilty of a violation of this subsection. Bona fide evidence of legal age is limited to any evidence that is or reasonably appears to be an unexpired driver's license issued by any state of the United States or the District of Columbia, military identification card, United States passport or foreign government visa, unexpired special identification card issued by the Department of Motor Vehicles, or any other valid government-issued identification card bearing the individual's photograph, signature, height, weight, and date of birth, or which bears a photograph that reasonably appears to match the appearance of the purchaser. A student identification card shall not constitute bona fide evidence of legal age for purposes of this subsection. Any person convicted of a violation of this subsection is guilty of a Class 3 misdemeanor. The Board shall not take administrative action against a licensee for the conduct of his employee who violates this subsection.
E. No person shall be convicted of both subsections A and D for the same sale.
§ 4.1-1105.1. Possession of marijuana or marijuana 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 or marijuana products, except by any federal, state, or local law-enforcement officer or his agent when possession of marijuana or marijuana products is necessary in the performance of his duties. Such person may be prosecuted either in the county or city in which the marijuana or marijuana products were possessed or consumed or in the county or city in which the person exhibits evidence of physical indicia of consumption of marijuana or marijuana 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. No person younger than 21 years of age shall use or attempt to use any (i) altered, fictitious, facsimile, or simulated license to operate a motor vehicle; (ii) altered, fictitious, facsimile, or simulated document, including but not limited to a birth certificate or student identification card; or (iii) motor vehicle driver's license or other document issued under Chapter 3 (§ 46.2-300 et seq.) of Title 46.2 or the comparable law of another jurisdiction, birth certificate, or student identification card of another person in order to establish a false identification or false age for himself to consume, purchase, or attempt to consume or purchase retail marijuana or retail marijuana products. Any person convicted of a violation of this subsection is guilty of a Class 1 misdemeanor.
F. 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.
§ 4.1-1106. Purchasing retail marijuana or retail marijuana products for one to whom they may not be sold; penalties; forfeiture.
A. Any person who purchases retail marijuana or retail marijuana products for another person and at the time of such purchase knows or has reason to believe that the person for whom the retail marijuana or retail marijuana products were purchased was intoxicated is guilty of a Class 1 misdemeanor.
B. Any person who purchases for, or otherwise gives, provides, or assists in the provision of retail marijuana or retail marijuana products to, another person when he knows or has reason to know that such person is younger than 21 years of age, except by any federal, state, or local law-enforcement officer when possession of marijuana or marijuana products is necessary in the performance of his duties, is guilty of a Class 1 misdemeanor.
C. Any marijuana or marijuana products purchased in violation of this section shall be deemed contraband and forfeited to the Commonwealth.
§ 4.1-1116. Illegal advertising; penalty; exception.
A. Except in accordance with this title and Board regulations, no person shall advertise in or send any advertising matter into the Commonwealth about or concerning marijuana other than such that may legally be manufactured or sold without a license.
B. Marijuana cultivation facility licensees, marijuana manufacturing facility licensees, marijuana wholesaler licensees, and retail marijuana store licensees may advertise retail marijuana or retail marijuana products, provided that such advertising complies with Board regulations.
C. Except as provided in subsection D, any person convicted of a violation of this section is guilty of a Class 1 misdemeanor.
D. For violations relating to distance and zoning restrictions on outdoor advertising, the Board shall give the advertiser written notice to take corrective action to either bring the advertisement into compliance with this subtitle and Board regulations or to remove such advertisement. If corrective action is not taken within 30 days, the advertiser is guilty of a Class 4 misdemeanor.
§ 4.1-1122. Criminal immunity.
No person shall be subject to arrest or prosecution for the purchase, possession, cultivation, manufacture, sale, or distribution of marijuana under Articles 1 (§ 18.2-247 et seq.) or 1.1 (§ 18.2-265.1 et seq.) of Chapter 7 of Title 18.2 if such person is engaging in activities permitted under this subtitle and Board regulations.
§ 4.1-1200. Illegal cultivation, etc., of marijuana or marijuana products by licensees; penalty.
A. No licensee or any agent or employee of such licensee shall:
1. Cultivate, manufacture, transport, sell, or test any retail marijuana or retail marijuana products of a kind other than that which such license or this subtitle authorizes him to cultivate, manufacture, transport, sell, or test;
2. Sell retail marijuana or retail marijuana products to any person other than a person to whom such license or this subtitle authorizes him to sell;
3. Cultivate, manufacture, transport, sell, or test retail marijuana or retail marijuana products that such license or this subtitle authorizes him to sell, but in any place or in any manner other than such license or this subtitle authorizes him to cultivate, manufacture, transport, sell, or test;
4. Cultivate, manufacture, transport, sell, or test any retail marijuana or retail marijuana products when forbidden by this subtitle;
5. Keep or allow to be kept, other than in his residence and for his personal use, any retail marijuana or retail marijuana products other than that which he is authorized to cultivate, manufacture, transport, sell, or test by such license or by this subtitle;
6. Keep any retail marijuana or retail marijuana product other than in the container in which it was purchased by him;
7. Use or consume marijuana or marijuana products on the licensed premises; or
8. Allow a person younger than 21 years of age to be employed by or volunteer for such licensee at a retail marijuana store.
B. Any person convicted of a violation of this section is guilty of a Class 1 misdemeanor.
§ 4.1-1202. Sale of or purchase for resale retail marijuana or retail marijuana products from a person without a license; penalty.
A. No retail marijuana store licensee shall purchase for resale or sell any retail marijuana, retail marijuana products, immature marijuana plants, or marijuana seeds purchased from anyone other than a marijuana cultivation facility, marijuana manufacturing facility, or marijuana wholesaler licensee.
B. Any person convicted of a violation of this section is guilty of a Class 1 misdemeanor.
§ 4.1-1206. Failure of licensee to pay tax or to deliver, keep, and preserve records and accounts or to allow examination and inspection; penalty.
A. No licensee shall fail or refuse to (i) pay any tax provided for in § 4.1-1003 or 4.1-1004; (ii) deliver, keep, and preserve such records, invoices, and accounts as are required by Board regulation; or (iii) allow such records, invoices, and accounts or his place of business to be examined and inspected in accordance with Board regulations. Any person convicted of a violation of this subsection is guilty of a Class 1 misdemeanor.
B. After reasonable notice to a licensee that failed to make a return or pay taxes due, the Authority may suspend or revoke any license of such licensee that was issued by the Authority.
§ 4.1-1207. Nonpayment of marijuana tax; penalties.
A. No person shall make a sale taxable under § 4.1-1003 or 4.1-1004 without paying all applicable taxes due under §§ 4.1-1003 and 4.1-1004. No retail marijuana store licensee shall purchase, receive, transport, store, or sell any retail marijuana or retail marijuana products on which such retailer has reason to know such tax has not been paid and may not be paid. Any person convicted of a violation of this subsection is guilty of a Class 1 misdemeanor.
B. Any person that fails to file a return required for a tax due under § 4.1-1003 or 4.1-1004 is subject to a civil penalty to be added to the tax in the amount of five percent of the proper tax due if the failure is for not more than 30 days, with an additional five percent for each additional 30 days, or fraction thereof, during which the failure continues. Such civil penalty shall not exceed 25 percent in the aggregate.
C. In the case of a false or fraudulent return, where willful intent exists to defraud the Commonwealth of any tax due on retail marijuana or retail marijuana products, a civil penalty of 50 percent of the amount of the proper tax due shall be assessed. Such penalty shall be in addition to any penalty imposed under subsection B. It shall be prima facie evidence of willful intent to defraud the Commonwealth when any person reports its taxable sales to the Authority at 50 percent or less of the actual amount.
D. If any check tendered for any amount due under § 4.1-1003 or 4.1-1004 or this section is not paid by the bank on which it is drawn, and the person that tendered the check fails to pay the Authority the amount due within five days after the Authority gives it notice that such check was returned unpaid, the person that tendered the check is guilty of a violation of § 18.2-182.1.
E. All penalties shall be payable to the Authority and if not so paid shall be collectible in the same manner as if they were a part of the tax imposed.
§ 4.1-1307. Punishment for violations of subtitle or regulations; bond.
A. Any person convicted of a misdemeanor under the provisions of this subtitle without specification as to the class of offense or penalty, or convicted of violating any other provision thereof, or convicted of violating any Board regulation is guilty of a Class 1 misdemeanor.
B. In addition to the penalties imposed by this subtitle for violations, any court before whom any person is convicted of a violation of any provision of this subtitle may require such defendant to execute bond based upon his ability to pay, with approved security, in the penalty of not more than $1,000, with the condition that the defendant will not violate any of the provisions of this subtitle for the term of one year. If any such bond is required and is not given, the defendant shall be committed to jail until it is given, or until he is discharged by the court, provided that he shall not be confined for a period longer than six months. If any such bond required by a court is not given during the term of the court by which conviction is had, it may be given before any judge or before the clerk of such court.
C. The provisions of this subtitle shall not prevent the Board from suspending, revoking, or refusing to continue the license of any person convicted of a violation of any provision of this subtitle.
D. No court shall hear such a case unless the respective attorney for the Commonwealth or his assistant has been notified that such a case is pending.
§ 4.1-1400. Testing; registered products.
A. The Board shall require licensees, prior to selling or offering for sale any retail marijuana or retail marijuana product, and persons, prior to selling or offering for sale any regulated hemp product, to provide a sample from each batch for testing by an independent laboratory. In the case of retail marijuana products and regulated hemp products, such testing shall be conducted after any manufacturing of the product is complete.
B. A valid sample size for testing shall be determined by the testing laboratory and may vary due to sample matrix, analytical method, and laboratory-specific procedures. In the case of retail marijuana products and regulated hemp products, no sample shall constitute less than 0.5 percent of the individual units to be dispensed from each homogenized batch. In the case of retail marijuana, the Board may limit testing to the following: cannabidiol, tetrahydrocannabinol, terpenes, pesticide chemical residue, heavy metals, mycotoxins, moisture, and microbiological contaminants.
C. Testing thresholds shall be consistent with generally accepted cannabis industry thresholds. Licensees may remediate retail marijuana or retail marijuana products that fail any quality testing standard except pesticides. Following remediation, all remediated retail marijuana or retail marijuana products shall be subject to laboratory testing and approved upon satisfaction of applicable testing standards, which shall be no more stringent than the initial testing conducted prior to remediation. If a batch of retail marijuana fails a retest after remediation, it may be processed into a retail marijuana product.
D. The Board may require stability testing of retail marijuana, retail marijuana products, and regulated hemp products. However, stability testing shall not be required for any retail marijuana or retail marijuana products that have an expiration date of no more than six months from the date of registration approval. Stability testing of retail marijuana or retail marijuana products with an expiration date that is longer than six months shall be limited to microbial testing on a pass/fail basis and potency testing with a 10 percent deviation allowance. The concentration of tetrahydrocannabinol in any retail marijuana or retail marijuana product offered for sale may be up to 10 percent greater or less than the level of tetrahydrocannabinol identified during testing and included on the label. Licensees shall ensure that such tetrahydrocannabinol concentration is within such range. Licensees shall establish a stability testing schedule for retail marijuana and retail marijuana products in accordance with Board regulations.
E. Any laboratory that tests samples shall (i) be registered with and approved by the Board; (ii) be located in the Commonwealth; (iii) have no ownership interest in a licensed marijuana establishment or a handler, grower, manufacturer, or processor of industrial hemp, industrial hemp extract, or food containing an industrial hemp extract; (iv) hold a controlled substances registration certificate pursuant to § 54.1-3423; and (v) comply with quality and other standards established by Board regulation.
F. The Board shall register all products that meet testing, labeling, and packaging standards.
§ 4.1-1401. Other health and safety requirements for edible marijuana products, edible hemp products, and other retail marijuana products deemed applicable by the Authority; regulations.
A. In addition to all other applicable provisions of this subtitle, edible marijuana products and other retail marijuana products deemed applicable by the Authority to be sold or offered for sale by a licensee to a consumer and edible hemp products deemed applicable by the Authority to be sold or offered for sale by a person in accordance with this subtitle:
1. Shall be manufactured by an approved source, as determined by § 3.2-5145.8;
2. Shall comply with the provisions of Chapter 51 (§ 3.2-5100 et seq.) of Title 3.2;
3. Shall be manufactured in a manner that results in the cannabinoid content within the product being homogeneous throughout the product or throughout each element of the product that has a cannabinoid content;
4. Shall be manufactured in a manner that results in the amount of marijuana concentrate or industrial hemp extract, as appropriate, within the product being homogeneous throughout the product or throughout each element of the product that contains marijuana concentrate or industrial hemp extract, as appropriate;
5. Shall have a universal symbol stamped or embossed on the packaging of each product;
6. Shall not contain more than 10 milligrams of tetrahydrocannabinol per serving of the product and shall not contain more than 100 milligrams of tetrahydrocannabinol per package of the product, except for edible hemp products, which shall not exceed the maximum tetrahydrocannabinol level established for a regulated hemp product pursuant to § 4.1-606;
7. Shall not contain additives that (i) are toxic or harmful to human beings, (ii) are specifically designed to make the product more addictive, (iii) contain alcohol or nicotine, (iv) are misleading to consumers, or (v) are specifically designed to make the product appeal particularly to persons younger than 21 years of age; and
8. Shall not involve the addition of marijuana to a trademarked food or drink product, except when the trademarked product is used as a component of or ingredient in the edible marijuana product and the edible marijuana product is not advertised or described for sale as containing the trademarked product.
B. The Board shall adopt any additional labeling, packaging, or other health and safety regulations that it deems necessary for retail marijuana and retail marijuana products to be sold or offered for sale by a licensee to a consumer in accordance with this subtitle or regulated hemp products to be sold or offered for sale by a person in accordance with this subtitle. Regulations adopted pursuant to this subsection shall establish mandatory health and safety standards applicable to the cultivation of retail marijuana, the manufacture of retail marijuana products, the processing of regulated hemp products, the packaging and labeling of retail marijuana and retail marijuana products sold by a licensee to a consumer, and the packaging and labeling of regulated hemp products sold by a person to any other person. Such regulations shall address:
1. Requirements for the storage, warehousing, and transportation of retail marijuana and retail marijuana products by licensees;
2. Sanitary standards for marijuana and hemp establishments, including sanitary standards for the manufacture of retail marijuana, retail marijuana products, and regulated hemp products; and
3. Limitations on the display of retail marijuana, retail marijuana products, and regulated hemp products at retail stores.
§ 4.1-1402. Annual regulated hemp product retail facility registration required; fee.
A. The Board shall issue regulated hemp product retail facility registrations, which shall authorize the registration holder to offer for sale or sell a regulated hemp product. No person that does not hold a regulated hemp product retail facility registration shall offer for sale or sell in the Commonwealth (i) a regulated hemp product or (ii) any substance that is intended to be consumed orally or by inhalation that is advertised or labeled as containing an industrial hemp-derived cannabinoid.
B. A nonrefundable annual registration fee of $1,000 shall be required with each application for a regulated hemp product retail facility registration.
C. Each registration issued pursuant to this section shall be valid for a period of one year from the date of issuance and may be renewed in successive years. Each annual renewal shall require the payment of the nonrefundable annual registration fee prescribed in subsection B.
D. An annual regulated hemp product retail facility registration shall be required for each location that offers for sale or sells a regulated hemp product.
E. Any person seeking to offer for sale or sell a regulated hemp product in the Commonwealth shall apply to the Board for a regulated hemp product retail facility registration on a form provided by the Board. At a minimum, the application shall include:
1. The name and mailing address of the applicant;
2. The physical address of the facility from which the applicant intends to offer for sale or sell a regulated hemp product. A registration shall authorize the offering for sale or sale of a regulated hemp product only at the location specified in the registration;
3. Written consent allowing the Board or its designee to enter the location from which the regulated hemp product is offered for sale or sold to ensure compliance with the requirements of this article;
4. If the applicant intends to offer for sale or sell an edible hemp product, a copy of the permit issued by the Commissioner of Agriculture and Consumer Services pursuant to § 3.2-5100;
5. Any other information required by the Board; and
6. The payment of a nonrefundable application fee.
F. This section shall not apply to a person authorized to offer for sale or sell products (i) that are approved for marketing by the U.S. Food and Drug Administration and scheduled in the Drug Control Act (§ 54.1-3400 et seq.) or (ii) dispensed pursuant to Article 4.2 (§ 54.1-3442.5 et seq.) of Chapter 34 of Title 54.1.
§ 4.1-1403. Regulated hemp products; packaging, labeling, and testing.
A. No person shall offer for sale or sell a regulated hemp product unless the product is:
1. Contained in child-resistant packaging;
2. Equipped with a label that states, in English and in a font no less than 1/16 of an inch, (i) all ingredients contained in the substance; (ii) the amount of such substance that constitutes a single serving; (iii) the total percentage and milligrams of all tetrahydrocannabinols included in the substance and the total number of milligrams of all tetrahydrocannabinols that are contained in each serving; and (iv) if the substance contains tetrahydrocannabinol, that the product may not be sold to persons younger than 21 years of age; and
3. Accompanied by a certificate of analysis, produced by an independent laboratory that is accredited pursuant to standard ISO/IEC 17025 of the International Organization for Standardization by a third-party accrediting body, that states the total tetrahydrocannabinol concentration of the substance or the total tetrahydrocannabinol concentration of the batch from which the substance originates. The certificate of accreditation pursuant to standard ISO/IEC 17025 issued by the third-party accrediting body to the independent laboratory shall be available for review at the location at which the regulated hemp product is offered for sale or sold.
This subsection shall not (i) apply to products that are approved for marketing by the U.S. Food and Drug Administration and scheduled in the Drug Control Act (§ 54.1-3400 et seq.) or (ii) be construed to prohibit any conduct permitted under Article 4.2 (§ 54.1-3442.5 et seq.) of Chapter 34 of Title 54.1.
B. No person shall offer for sale or sell a regulated hemp product that depicts or is in the shape of a human, animal, vehicle, or fruit.
C. No person shall offer for sale or sell a regulated hemp product that, without authorization, bears, is packaged in a container or wrapper that bears, or is otherwise labeled to bear the trademark, trade name, famous mark as defined in 15 U.S.C. § 1125, or other identifying mark, imprint, or device, or any likeness thereof, of a manufacturer, processor, packer, or distributor of a product intended for human consumption other than the manufacturer, processor, packer, or distributor that did in fact so manufacture, process, pack, or distribute such substance.
§ 4.1-1404. Topical hemp products; bittering agent; civil penalty.
A. All topical hemp products offered for sale or sold shall contain a bittering agent so as to render the product unpalatable.
B. A person who offers for sale or sells a topical hemp product that does not contain a bittering agent is subject to a civil penalty not to exceed $500 for each day a violation occurs. Such penalty shall be collected by the Authority and the proceeds shall be payable to the State Treasurer for remittance to the Board.
C. Notwithstanding the provisions of subsection A, a person may offer for sale or sell a topical hemp product that does not contain a bittering agent if the product was manufactured prior to July 1, 2023, and the person provides documentation of the date of manufacture to the Board if requested.
D. This section shall not apply to a person authorized to offer for sale or sell products that are (i) approved for marketing by the U.S. Food and Drug Administration and scheduled in the Drug Control Act (§ 54.1-3400 et seq.) or (ii) dispensed pursuant to Article 4.2 (§ 54.1-3442.5 et seq.) of Chapter 34 of Title 54.1.
§ 4.1-1405. Board to have access to retail facilities.
A. For the purpose of identifying violations of this article, the Board or its designee shall have access during business hours to all registered regulated hemp product retail facilities and any business that offers for sale or sells a substance intended to be consumed orally or by inhalation that is advertised or labeled as containing an industrial hemp-derived cannabinoid for the purpose of:
1. Conducting an inspection; or
2. Securing a sample of any regulated hemp product or substance intended to be consumed orally or by inhalation that is advertised or labeled as containing a cannabinoid. The Board or its designee shall conduct or cause to be conducted examinations or laboratory analysis of such samples.
B. This section shall not apply to a person authorized to offer for sale or sell products that are (i) approved for marketing by the U.S. Food and Drug Administration and scheduled in the Drug Control Act (§ 54.1-3400 et seq.) or (ii) dispensed pursuant to Article 4.2 (§ 54.1-3442.5 et seq.) of Chapter 34 of Title 54.1.
§ 4.1-1406. Civil penalties.
A. The Board may, in accordance with the Administrative Process Act (§ 2.2-4000 et seq.), deny the application for a regulated hemp product retail facility registration or suspend or revoke the regulated hemp product retail facility registration of any person who violates the provisions of this article.
B. Any person who (i) offers for sale or sells a regulated hemp product without first obtaining a registration to do so from the Board in accordance; (ii) continues to offer for sale or sell a regulated hemp product after revocation or suspension of such registration; (iii) offers for sale or sells a regulated hemp product that has a total tetrahydrocannabinol concentration greater than the amount allowed under Board regulation; (iv) offers for sale or sells a regulated hemp product in violation of § 4.1-1403; or (v) offers for sale or sells a substance intended to be consumed orally or by inhalation that is advertised or labeled as containing an industrial hemp-derived cannabinoid without a regulated hemp product retail facility registration, in addition to any other penalties provided, is subject to a civil penalty not to exceed $10,000 for each day a violation occurs.
C. For any other violation of a requirement of this chapter or of any regulation promulgated pursuant thereto pertaining to a regulated hemp product, the Authority may assess a penalty not to exceed (i) $100 for a first violation, (ii) $200 for a second violation, and (iii) $500 for a third or subsequent violation.
D. Penalties under this section shall be collected by the Authority and the proceeds shall be payable to the State Treasurer for remittance to the Board.
§ 4.1-1407. Hemp product not retail marijuana or retail marijuana product.
A regulated hemp product that is tested, labeled, packaged, and advertised in accordance with the provisions pertaining to a regulated hemp product in this subtitle or Board regulations shall not be subject to the requirements in this subtitle or Board regulations that pertain only to retail marijuana or retail marijuana products.
§ 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 Qualified cannabis
licensee" means a person or business who that meets the
criteria in subdivision B 13 of § 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
establishment.
§ 4.1-1501. Virginia Cannabis Business Loan Fund.
There is hereby created in the state treasury a special
nonreverting fund to be known as the Virginia Cannabis Equity Business
Loan Fund, referred to in this section as "the Fund."
The Fund shall be established on the books of the Comptroller. All funds
appropriated for such purpose and any gifts, donations, grants, bequests, and
other funds received on its behalf shall be paid into the state treasury and
credited to the Fund. Interest earned on moneys in the Fund shall remain in the
Fund and be credited to it. Any moneys remaining in the Fund, including
interest thereon, at the end of each fiscal year shall not revert to the
general fund but shall remain in the Fund. Moneys in the Fund shall be used
solely for the purposes of providing low-interest and zero-interest loans to
social equity qualified cannabis licensees in order to foster business
ownership and economic growth within historically economically disadvantaged
communities that have been the most disproportionately impacted by the
former prohibition of cannabis. Expenditures and disbursements from the
Fund shall be made by the State Treasurer on warrants issued by the Comptroller
upon written request signed by the Chief Executive Officer of the Authority.
§ 4.1-1502. Selection of CDFI; Program requirements; guidelines for management of the Fund.
A. The Authority shall establish a the Virginia
Cannabis Business Loan Program to provide loans to qualified social
equity cannabis licensees for the purpose of promoting business ownership
and economic growth by in historically economically disadvantaged
communities that have been disproportionately impacted by the prohibition of
cannabis. The Authority shall select and work in collaboration with a CDFI
to assist in administering the Program and carrying out the purposes of the Fund.
The CDFI selected by the Authority shall have (i) a statewide presence in
Virginia, (ii) experience in business lending, (iii) a proven track record of
working with historically economically disadvantaged communities, and
(iv) the capability to dedicate sufficient staff to manage the Program. Working
with the selected CDFI, the Authority shall establish monitoring and
accountability mechanisms for businesses receiving funding and shall report
annually the number of businesses funded;, the geographic distribution
of the businesses;, the costs of the Program;, and
the outcomes, including the number and types of jobs created.
B. The Program shall:
1. Identify social equity qualified cannabis licensees
who are in need of capital for the start-up of a cannabis business properly
licensed pursuant to the provisions of this subtitle;
2. Provide loans for the purposes described in subsection A;
3. Provide technical assistance; and
4. Bring together community partners to sustain the Program.
§ 6.2-108. Financial services for licensed marijuana establishments.
A. As used in this section, "licensed" and "marijuana establishment" have the same meaning as provided in § 4.1-600.
B. A bank or credit union that provides a financial service to a licensed marijuana establishment, and the officers, directors, and employees of that bank or credit union, shall not be held liable pursuant to any state law or regulation solely for providing such a financial service or for further investing any income derived from such a financial service.
C. Nothing in this section shall require a bank or credit union to provide financial services to a licensed marijuana establishment.
§ 18.2-247. Use of terms "controlled substances," "marijuana," "Schedules I, II, III, IV, V, and VI," "imitation controlled substance" and "counterfeit controlled substance" in Title 18.2.
A. Wherever the terms "controlled substances" and "Schedules I, II, III, IV, V, and VI" are used in Title 18.2, such terms refer to those terms as they are used or defined in the Drug Control Act (§ 54.1-3400 et seq.).
B. The term "imitation controlled substance" when used in this article means (i) a counterfeit controlled substance or (ii) a pill, capsule, tablet, or substance in any form whatsoever which is not a controlled substance subject to abuse, and:
1. Which by overall dosage unit appearance, including color, shape, size, marking and packaging or by representations made, would cause the likelihood that such a pill, capsule, tablet, or substance in any other form whatsoever will be mistaken for a controlled substance unless such substance was introduced into commerce prior to the initial introduction into commerce of the controlled substance which it is alleged to imitate; or
2. Which by express or implied representations purports to act like a controlled substance as a stimulant or depressant of the central nervous system and which is not commonly used or recognized for use in that particular formulation for any purpose other than for such stimulant or depressant effect, unless marketed, promoted, or sold as permitted by the U.S. Food and Drug Administration.
C. In determining whether a pill, capsule, tablet, or substance in any other form whatsoever, is an "imitation controlled substance," there shall be considered, in addition to all other relevant factors, comparisons with accepted methods of marketing for legitimate nonprescription drugs for medicinal purposes rather than for drug abuse or any similar nonmedicinal use, including consideration of the packaging of the drug and its appearance in overall finished dosage form, promotional materials or representations, oral or written, concerning the drug, and the methods of distribution of the drug and where and how it is sold to the public.
D. The term "marijuana" when used in this article
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
(i) the mature stalks of such plant, fiber produced from such stalk, 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); (ii) 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; (ii) (iii) industrial hemp, as defined in §
3.2-4112, that is possessed by a person who holds a hemp producer license
issued by the U.S. Department of Agriculture pursuant to 7 C.F.R. Part 990;
or (iii) (iv) a hemp product, as defined in § 3.2-4112, other
than a regulated hemp product, containing a total
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
handled, or processed in compliance with state or federal law; (v) a
regulated hemp product that does not exceed the maximum tetrahydrocannabinol
concentration established pursuant to § 4.1-606 and that is derived from
industrial hemp, as defined in § 3.2-4112, that is grown, handled, or processed
in compliance with state or federal law; or (vi) any substance containing a
tetrahydrocannabinol isomer or salts of such isomer where such
tetrahydrocannabinol isomer or salts of such isomer have been placed by the
Board of Pharmacy into one of the schedules set forth in the Drug Control Act
(§ 54.1-3400 et seq.) pursuant to § 54.1-3443.
E. The term "counterfeit controlled substance" means a controlled substance that, without authorization, bears, is packaged in a container or wrapper that bears, or is otherwise labeled to bear, the trademark, trade name, or other identifying mark, imprint or device or any likeness thereof, of a drug manufacturer, processor, packer, or distributor other than the manufacturer, processor, packer, or distributor who did in fact so manufacture, process, pack or distribute such drug.
The terms "tetrahydrocannabinol" and "total tetrahydrocannabinol concentration" mean the same as those terms are defined in § 4.1-600.
F. The Department of Forensic Science shall determine the
proper methods for detecting the concentration of
delta-9-tetrahydrocannabinol tetrahydrocannabinol (THC) in
substances for the purposes of this title, Chapter 11 (§ 4.1-1100 et seq.)
of Title 4.1, and §§ § 54.1-3401 and 54.1-3446. The
testing methodology shall use post-decarboxylation testing or other equivalent
method and shall consider the potential conversion of
delta-9-tetrahydrocannibinol tetrahydrocannabinolic acid (THC-A)
into THC. The test result shall include the total available THC derived from
the sum of the THC and THC-A content.
§ 18.2-251.1:3. Possession or distribution of cannabis oil, or industrial hemp; laboratories; Department of Agriculture and Consumer Services, Department of Law employees.
A. No person employed by an analytical laboratory to retrieve, deliver, or possess cannabis oil or industrial hemp samples from a permitted pharmaceutical processor, a registered industrial hemp grower, a federally licensed hemp producer, or a registered industrial hemp processor for the purpose of performing required testing shall be prosecuted under Chapter 11 (§ 4.1-1100 et seq.) of Title 4.1 or § 18.2-248, 18.2-248.1, 18.2-250, or 18.2-255 for the possession or distribution of cannabis oil or industrial hemp or for storing cannabis oil or industrial hemp for testing purposes in accordance with regulations promulgated by the Board of Pharmacy and the Board of Agriculture and Consumer Services.
B. No employee of the Department of Agriculture and Consumer Services or of the Department of Law shall be prosecuted under § 18.2-247, 18.2-248, 18.2-248.01, 18.2-248.1, or 18.2-250 for the possession or distribution of industrial hemp or any substance containing tetrahydrocannabinol when possession of industrial hemp or any substance containing tetrahydrocannabinol is necessary in the performance of his duties.
§ 19.2-303.03. Modification of sentence for marijuana-related convictions.
A. Notwithstanding other provisions of law or rule of court, if a person who (i) was convicted of a felony offense in violation of § 18.2-248, 18.2-248.01, 18.2-248.1, 18.2-250, 18.2-255, 18.2-255.2, 18.2-256, 18.2-257, 18.2-258, 18.2-258.02, 18.2-258.1, 18.2-265.3, or 18.2-474.1 as it relates to marijuana committed prior to July 1, 2022; (ii) was sentenced to jail or to the Department of Corrections or placed on community supervision as defined in § 53.1-1 for such conviction; and (iii) remains incarcerated in a state or local correctional facility or secure facility, as defined in § 16.1-228, serving the sentence for such conviction or a combination of such convictions or remains on community supervision as defined in § 53.1-1 for such conviction or a combination of such convictions on July 1, 2023, the circuit court that entered the original judgment or order shall schedule a hearing by January 1, 2024, to consider modification of such person's sentence. The Commonwealth shall be made party to the proceeding and receive notice of such hearing.
B. Notwithstanding other provisions of law or rule of court, if a person who (i) was convicted of a felony offense in violation of § 18.2-248, 18.2-248.01, 18.2-248.1, 18.2-250, 18.2-255, 18.2-255.2, 18.2-256, 18.2-257, 18.2-258, 18.2-258.02, 18.2-258.1, 18.2-265.3, or 18.2-474.1 as it relates to marijuana committed prior to July 1, 2022, and on the date of such conviction was also convicted of any other offense; (ii) was sentenced to jail or to the Department of Corrections or placed on community supervision as defined in § 53.1-1 for such convictions; and (iii) remains incarcerated in a state or local correctional facility or secure facility, as defined in § 16.1-228, serving the sentence for such conviction or a combination of such convictions or remains on community supervision as defined in § 53.1-1 for such conviction or a combination of such convictions on July 1, 2023, the circuit court that entered the original judgment or order shall schedule a hearing by April 1, 2024, to consider modification of such person's sentence. The Commonwealth shall be made party to the proceeding and receive notice of such hearing.
C. Notwithstanding other provisions of law or rule of court, a person who (i) was convicted of any felony offense committed prior to July 1, 2022; (ii) was sentenced to jail or to the Department of Corrections or placed on community supervision as defined in § 53.1-1 for such conviction; (iii) may have had such sentence enhanced because of a previous felony conviction under § 18.2-248, 18.2-248.01, 18.2-248.1, 18.2-250, 18.2-255, 18.2-255.2, 18.2-256, 18.2-257, 18.2-258, 18.2-258.02, 18.2-258.1, 18.2-265.3, or 18.2-474.1 as it relates to marijuana or without the involvement of marijuana such felony offense conviction or felony sentence enhancement would not have been possible, as the involvement of marijuana was necessary to satisfy the elements of the charged offense or the sentence enhancement; and (iv) remains incarcerated in a state or local correctional facility or secure facility, as defined in § 16.1-228, serving the sentence for such conviction or remains on community supervision, as defined in § 53.1-1, for such conviction on July 1, 2023, may petition the circuit court that entered the original judgment or order for modification of such person's sentence. A petition seeking modification of a sentence pursuant to this subsection shall be filed by July 1, 2025.
D. A petition for modification of sentence filed pursuant to subsection C shall be filed on a form provided by the Supreme Court of Virginia by the petitioner or by counsel for the petitioner. Such petition shall allege with specificity all of the following: (i) the petitioner's full name and date of birth; (ii) the felony offense for which the petitioner was convicted; (iii) the date on which such felony offense was alleged to have been committed; (iv) the date on which the petitioner was sentenced for such felony offense; (v) whether the petitioner remains incarcerated in a state or local correctional facility or secure facility serving the sentence for such felony offense and, if so, which facility; (vi) whether the petitioner has previously filed any other petition in accordance with subsection C; and (vii) the reason the petitioner is requesting a sentence modification and any information in support thereof, including information related to his sentence being enhanced because of a prior felony marijuana offense. If the petitioner fails to submit a completed form, the circuit court may allow the petitioner to amend the petition to correct any deficiency. The petitioner shall provide a copy of the petition by delivery or by first-class mail, postage prepaid, to the attorney for the Commonwealth of the city or county in which the petition is filed. The attorney for the Commonwealth may file an objection or answer to the petition within 30 days after it is received from the petitioner. Upon the motion of the attorney for the Commonwealth and for good cause shown, the court may allow the attorney for the Commonwealth up to an additional 30 days to respond to the petition. If the attorney for the Commonwealth does not file an objection or answer or make a request for additional time to respond to the petition within 30 days after it is received, the court shall conduct a hearing on any petition filed pursuant to subsection C within 60 days after the petition was filed. If the Commonwealth files an objection or answer or makes a request for additional time to respond to the petition, the court shall conduct a hearing on any petition filed pursuant to subsection C after reasonable notice to both the petitioner and the attorney for the Commonwealth, but no later than 90 days after the petition was filed. The attorney for the Commonwealth shall make reasonable efforts to notify any victim, as defined in § 19.2-11.01, of such hearing.
E. Any person eligible for modification of his sentence under subsection A, B, or C may file a petition for the assistance of counsel and a statement of indigency with the court on a form provided by the Supreme Court of Virginia; however, if such person was found to be indigent at his original sentencing, he shall be entitled to assistance of counsel for the hearing on modification of his sentence without the filing of such petition. No fee shall be charged for filing a petition under this subsection.
F. Upon a hearing for modification of a sentence pursuant to subsection A or B, the court shall consider that marijuana has been legalized, and shall reduce, including a reduction to time served, vacate, or otherwise modify the person's sentence, including removing such person from community supervision, unless the Commonwealth demonstrates it would not be compatible with the public interest to do so. Any modification of sentence shall not exceed the original term imposed by the court.
G. Upon a hearing for modification of a sentence pursuant to subsection D, the court shall consider that marijuana has been legalized, and may reduce, including a reduction to time served, vacate, or otherwise modify the person's sentence, including removing such person from community supervision, unless the Commonwealth demonstrates it would not be compatible with the public interest to do so. Any modification of sentence shall not exceed the original term imposed by the court.
H. The circuit court shall make a decision as to whether to modify a sentence within 30 days following the sentence modification hearing. If modification of a sentence is denied, the court shall file with the record of the case a written explanation for the denial and shall provide a copy of such written explanation to the person whose sentence was considered for modification, his attorney if he is represented, and to the attorney for the Commonwealth.
I. Following the entry of an order to modify a sentence pursuant to this section, the clerk of the circuit court shall cause a copy of such order to be forwarded to the Virginia Criminal Sentencing Commission, the Department of State Police, and the state or local correctional facility or secure facility where the petitioner is incarcerated within five days.
J. The decision of a circuit court to modify a sentence pursuant to this section shall not form the basis for any relief in any habeas corpus or appellate proceeding, unless such decision was contrary to law.
§ 54.1-3401. 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 by his authorized agent and under his direction or (ii) the patient or research subject at the direction and in the presence of the practitioner.
"Advertisement" means all representations disseminated in any manner or by any means, other than by labeling, for the purpose of inducing, or which are likely to induce, directly or indirectly, the purchase of drugs or devices.
"Agent" means an authorized person who acts on behalf of or at the direction of a manufacturer, distributor, or dispenser. It does not include a common or contract carrier, public warehouseman, or employee of the carrier or warehouseman.
"Anabolic steroid" means any drug or hormonal substance, chemically and pharmacologically related to testosterone, other than estrogens, progestins, corticosteroids, and dehydroepiandrosterone.
"Animal" means any nonhuman animate being endowed with the power of voluntary action.
"Automated drug dispensing system" means a mechanical or electronic system that performs operations or activities, other than compounding or administration, relating to pharmacy services, including the storage, dispensing, or distribution of drugs and the collection, control, and maintenance of all transaction information, to provide security and accountability for such drugs.
"Biological product" means a virus, therapeutic serum, toxin, antitoxin, vaccine, blood, blood component or derivative, allergenic product, protein other than a chemically synthesized polypeptide, or analogous product, or arsphenamine or any derivative of arsphenamine or any other trivalent organic arsenic compound, applicable to the prevention, treatment, or cure of a disease or condition of human beings.
"Biosimilar" means a biological product that is highly similar to a specific reference biological product, notwithstanding minor differences in clinically inactive compounds, such that there are no clinically meaningful differences between the reference biological product and the biological product that has been licensed as a biosimilar pursuant to 42 U.S.C. § 262(k) in terms of safety, purity, and potency of the product.
"Board" means the Board of Pharmacy.
"Bulk drug substance" means any substance that is represented for use, and that, when used in the compounding, manufacturing, processing, or packaging of a drug, becomes an active ingredient or a finished dosage form of the drug; however, "bulk drug substance" shall not include intermediates that are used in the synthesis of such substances.
"Change of ownership" of an existing entity permitted, registered, or licensed by the Board means (i) the sale or transfer of all or substantially all of the assets of the entity or of any corporation that owns or controls the entity; (ii) the creation of a partnership by a sole proprietor, the dissolution of a partnership, or change in partnership composition; (iii) the acquisition or disposal of 50 percent or more of the outstanding shares of voting stock of a corporation owning the entity or of the parent corporation of a wholly owned subsidiary owning the entity, except that this shall not apply to any corporation the voting stock of which is actively traded on any securities exchange or in any over-the-counter market; (iv) the merger of a corporation owning the entity or of the parent corporation of a wholly-owned subsidiary owning the entity with another business or corporation; or (v) the expiration or forfeiture of a corporation's charter.
"Co-licensed partner" means a person who, with at least one other person, has the right to engage in the manufacturing or marketing of a prescription drug, consistent with state and federal law.
"Compounding" means the combining of two or more ingredients to fabricate such ingredients into a single preparation and includes the mixing, assembling, packaging, or labeling of a drug or device (i) by a pharmacist, or within a permitted pharmacy, pursuant to a valid prescription issued for a medicinal or therapeutic purpose in the context of a bona fide practitioner-patient-pharmacist relationship, or in expectation of receiving a valid prescription based on observed historical patterns of prescribing and dispensing; (ii) by a practitioner of medicine, osteopathy, podiatry, dentistry, or veterinary medicine as an incident to his administering or dispensing, if authorized to dispense, a controlled substance in the course of his professional practice; or (iii) for the purpose of, or as incident to, research, teaching, or chemical analysis and not for sale or for dispensing. The mixing, diluting, or reconstituting of a manufacturer's product drugs for the purpose of administration to a patient, when performed by a practitioner of medicine or osteopathy licensed under Chapter 29 (§ 54.1-2900 et seq.), a person supervised by such practitioner pursuant to subdivision A 6 or 19 of § 54.1-2901, or a person supervised by such practitioner or a licensed nurse practitioner or physician assistant pursuant to subdivision A 4 of § 54.1-2901 shall not be considered compounding.
"Controlled substance" means a drug, substance, or immediate precursor in Schedules I through VI of this chapter. The term shall not include distilled spirits, wine, malt beverages, or tobacco as those terms are defined or used in Title 3.2 or Title 4.1. The term "controlled substance" includes a controlled substance analog that has been placed into Schedule I or II by the Board pursuant to the regulatory authority in subsection D of § 54.1-3443.
"Controlled substance analog" means a substance the chemical structure of which is substantially similar to the chemical structure of a controlled substance in Schedule I or II and either (i) which has a stimulant, depressant, or hallucinogenic effect on the central nervous system that is substantially similar to or greater than the stimulant, depressant, or hallucinogenic effect on the central nervous system of a controlled substance in Schedule I or II or (ii) with respect to a particular person, which such person represents or intends to have a stimulant, depressant, or hallucinogenic effect on the central nervous system that is substantially similar to or greater than the stimulant, depressant, or hallucinogenic effect on the central nervous system of a controlled substance in Schedule I or II. "Controlled substance analog" does not include (a) any substance for which there is an approved new drug application as defined under § 505 of the federal Food, Drug, and Cosmetic Act (21 U.S.C. § 355) or that is generally recognized as safe and effective pursuant to §§ 501, 502, and 503 of the federal Food, Drug, and Cosmetic Act (21 U.S.C. §§ 351, 352, and 353) and 21 C.F.R. Part 330; (b) with respect to a particular person, any substance for which an exemption is in effect for investigational use for that person under § 505 of the federal Food, Drug, and Cosmetic Act to the extent that the conduct with respect to that substance is pursuant to such exemption; or (c) any substance to the extent not intended for human consumption before such an exemption takes effect with respect to that substance.
"DEA" means the Drug Enforcement Administration, U.S. Department of Justice, or its successor agency.
"Deliver" or "delivery" means the actual, constructive, or attempted transfer of any item regulated by this chapter, whether or not there exists an agency relationship, including delivery of a Schedule VI prescription device to an ultimate user or consumer on behalf of a medical equipment supplier by a manufacturer, nonresident manufacturer, wholesale distributor, nonresident wholesale distributor, warehouser, nonresident warehouser, third-party logistics provider, or nonresident third-party logistics provider at the direction of a medical equipment supplier in accordance with § 54.1-3415.1.
"Device" means instruments, apparatus, and contrivances, including their components, parts, and accessories, intended for use in the diagnosis, cure, mitigation, treatment, or prevention of disease in man or animals or to affect the structure or any function of the body of man or animals.
"Dialysis care technician" or "dialysis patient care technician" means an individual who is certified by an organization approved by the Board of Health Professions pursuant to Chapter 27.01 (§ 54.1-2729.1 et seq.) and who, under the supervision of a licensed physician, nurse practitioner, physician assistant, or a registered nurse, assists in the care of patients undergoing renal dialysis treatments in a Medicare-certified renal dialysis facility.
"Dialysis solution" means either the commercially available, unopened, sterile solutions whose purpose is to be instilled into the peritoneal cavity during the medical procedure known as peritoneal dialysis, or commercially available solutions whose purpose is to be used in the performance of hemodialysis not to include any solutions administered to the patient intravenously.
"Dispense" means to deliver a drug to an ultimate user or research subject 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. However, dispensing shall not include the transportation of drugs mixed, diluted, or reconstituted in accordance with this chapter to other sites operated by such practitioner or that practitioner's medical practice for the purpose of administration of such drugs to patients of the practitioner or that practitioner's medical practice at such other sites. For practitioners of medicine or osteopathy, "dispense" shall only include the provision of drugs by a practitioner to patients to take with them away from the practitioner's place of practice.
"Dispenser" means a practitioner who dispenses.
"Distribute" means to deliver other than by administering or dispensing a controlled substance.
"Distributor" means a person who distributes.
"Drug" means (i) articles or substances recognized in the official United States Pharmacopoeia National Formulary or official Homeopathic Pharmacopoeia of the United States, or any supplement to any of them; (ii) articles or substances intended for use in the diagnosis, cure, mitigation, treatment, or prevention of disease in man or animals; (iii) articles or substances, other than food, intended to affect the structure or any function of the body of man or animals; (iv) articles or substances intended for use as a component of any article specified in clause (i), (ii), or (iii); or (v) a biological product. "Drug" does not include devices or their components, parts, or accessories.
"Drug product" means a specific drug in dosage form from a known source of manufacture, whether by brand or therapeutically equivalent drug product name.
"Electronic prescription" means a written prescription that is generated on an electronic application and is transmitted to a pharmacy as an electronic data file; Schedule II through V prescriptions shall be transmitted in accordance with 21 C.F.R. Part 1300.
"Facsimile (FAX) prescription" means a written prescription or order that is transmitted by an electronic device over telephone lines that sends the exact image to the receiving pharmacy in hard copy form.
"FDA" means the U.S. Food and Drug Administration.
"Immediate precursor" means a substance which the Board of Pharmacy has found to be and by regulation designates as being the principal compound commonly used or produced primarily for use, and which is an immediate chemical intermediary used or likely to be used in the manufacture of a controlled substance, the control of which is necessary to prevent, curtail, or limit manufacture.
"Interchangeable" means a biosimilar that meets safety standards for determining interchangeability pursuant to 42 U.S.C. § 262(k)(4).
"Label" means a display of written, printed, or graphic matter upon the immediate container of any article. A requirement made by or under authority of this chapter that any word, statement, or other information appear on the label shall not be considered to be complied with unless such word, statement, or other information also appears on the outside container or wrapper, if any, of the retail package of such article or is easily legible through the outside container or wrapper.
"Labeling" means all labels and other written, printed, or graphic matter on an article or any of its containers or wrappers, or accompanying such article.
"Manufacture" means the production, preparation, propagation, conversion, or processing of any item regulated by this chapter, either directly or indirectly by extraction from substances of natural origin, or independently by means of chemical synthesis, or by a combination of extraction and chemical synthesis, and includes any packaging or repackaging of the substance or labeling or relabeling of its container. This term does not include compounding.
"Manufacturer" means every person who manufactures, a manufacturer's co-licensed partner, or a repackager.
"Marijuana" means any part of a plant of the genus
Cannabis whether growing or not, its seeds, or its 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 (i) the mature stalks of such plant, fiber produced
from such stalk, or oil or cake made from the seeds 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); (ii) industrial hemp,
as defined in § 3.2-4112, other than a regulated hemp product, that is
possessed by a person registered pursuant to subsection A of § 3.2-4115 or his
agent, (ii); (iii) industrial hemp, as defined in § 3.2-4112,
that is possessed by a person who holds a hemp producer license issued by the
U.S. Department of Agriculture pursuant to 7 C.F.R. Part 990, or (iii);
(iv) a hemp product, as defined in § 3.2-4112, containing a total
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
handled, or processed in compliance with state or federal law; (v) a
regulated hemp product that does not exceed the maximum tetrahydrocannabinol
concentration established pursuant to § 4.1-606 and that is derived from
industrial hemp, as defined in § 3.2-4112, that is grown, handled, or processed
in compliance with state or federal law; or (vi) any substance containing a
tetrahydrocannabinol isomer or salts of such isomer where such
tetrahydrocannabinol isomer or salts of such isomer have been placed by the
Board of Pharmacy into one of the schedules set forth in the Drug Control Act
(§ 54.1-3400 et seq.) pursuant to § 54.1-3443.
"Medical equipment supplier" means any person, as defined in § 1-230, engaged in the delivery to the ultimate consumer, pursuant to the lawful order of a practitioner, of hypodermic syringes and needles, medicinal oxygen, Schedule VI controlled devices, those Schedule VI controlled substances with no medicinal properties that are used for the operation and cleaning of medical equipment, solutions for peritoneal dialysis, and sterile water or saline for irrigation.
"Narcotic drug" means any of the following, whether produced directly or indirectly by extraction from substances of vegetable origin, or independently by means of chemical synthesis, or by a combination of extraction and chemical synthesis: (i) opium, opiates, and any salt, compound, derivative, or preparation of opium or opiates; (ii) any salt, compound, isomer, derivative, or preparation thereof which is chemically equivalent or identical with any of the substances referred to in clause (i), but not including the isoquinoline alkaloids of opium; (iii) opium poppy and poppy straw; (iv) coca leaves and any salt, compound, derivative, or preparation of coca leaves, and any salt, compound, isomer, derivative, or preparation thereof which is chemically equivalent or identical with any of these substances, but not including decocainized coca leaves or extraction of coca leaves which do not contain cocaine or ecgonine.
"New drug" means (i) any drug, except a new animal drug or an animal feed bearing or containing a new animal drug, the composition of which is such that such drug is not generally recognized, among experts qualified by scientific training and experience to evaluate the safety and effectiveness of drugs, as safe and effective for use under the conditions prescribed, recommended, or suggested in the labeling, except that such a drug not so recognized shall not be deemed to be a "new drug" if at any time prior to the enactment of this chapter it was subject to the Food and Drugs Act of June 30, 1906, as amended, and if at such time its labeling contained the same representations concerning the conditions of its use, or (ii) any drug, except a new animal drug or an animal feed bearing or containing a new animal drug, the composition of which is such that such drug, as a result of investigations to determine its safety and effectiveness for use under such conditions, has become so recognized, but which has not, otherwise than in such investigations, been used to a material extent or for a material time under such conditions.
"Nuclear medicine technologist" means an individual who holds a current certification with the American Registry of Radiological Technologists or the Nuclear Medicine Technology Certification Board.
"Official compendium" means the official United States Pharmacopoeia National Formulary, official Homeopathic Pharmacopoeia of the United States, or any supplement to any of them.
"Official written order" means an order written on a form provided for that purpose by the U.S. Drug Enforcement Administration, under any laws of the United States making provision therefor, if such order forms are authorized and required by federal law, and if no such order form is provided then on an official form provided for that purpose by the Board of Pharmacy.
"Opiate" means any substance having an addiction-forming or addiction-sustaining liability similar to morphine or being capable of conversion into a drug having such addiction-forming or addiction-sustaining liability. It does not include, unless specifically designated as controlled under Article 4 (§ 54.1-3437 et seq.), the dextrorotatory isomer of 3-methoxy-n-methylmorphinan and its salts (dextromethorphan). It does include its racemic and levorotatory forms.
"Opium poppy" means the plant of the species Papaver somniferum L., except the seeds thereof.
"Original package" means the unbroken container or wrapping in which any drug or medicine is enclosed together with label and labeling, put up by or for the manufacturer, wholesaler, or distributor for use in the delivery or display of such article.
"Outsourcing facility" means a facility that is engaged in the compounding of sterile drugs and is currently registered as an outsourcing facility with the U.S. Secretary of Health and Human Services and that complies with all applicable requirements of federal and state law, including the Federal Food, Drug, and Cosmetic Act.
"Person" means both the plural and singular, as the case demands, and includes an individual, partnership, corporation, association, governmental agency, trust, or other institution or entity.
"Pharmacist-in-charge" means the person who, being licensed as a pharmacist, signs the application for a pharmacy permit and assumes full legal responsibility for the operation of the relevant pharmacy in a manner complying with the laws and regulations for the practice of pharmacy and the sale and dispensing of controlled substances; the "pharmacist-in-charge" shall personally supervise the pharmacy and the pharmacy's personnel as required by § 54.1-3432.
"Poppy straw" means all parts, except the seeds, of the opium poppy, after mowing.
"Practitioner" means a physician, dentist, licensed nurse practitioner pursuant to § 54.1-2957.01, licensed physician assistant pursuant to § 54.1-2952.1, pharmacist pursuant to § 54.1-3300, TPA-certified optometrist pursuant to Article 5 (§ 54.1-3222 et seq.) of Chapter 32, veterinarian, scientific investigator, or other person licensed, registered, or otherwise permitted to distribute, dispense, prescribe and administer, or conduct research with respect to a controlled substance in the course of professional practice or research in the Commonwealth.
"Prescriber" means a practitioner who is authorized pursuant to §§ 54.1-3303 and 54.1-3408 to issue a prescription.
"Prescription" means an order for drugs or medical supplies, written or signed or transmitted by word of mouth, telephone, telegraph, or other means of communication to a pharmacist by a duly licensed physician, dentist, veterinarian, or other practitioner authorized by law to prescribe and administer such drugs or medical supplies.
"Prescription drug" means any drug required by federal law or regulation to be dispensed only pursuant to a prescription, including finished dosage forms and active ingredients subject to § 503(b) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. § 353(b)).
"Production" or "produce" includes the manufacture, planting, cultivation, growing, or harvesting of a controlled substance or marijuana.
"Proprietary medicine" means a completely compounded nonprescription drug in its unbroken, original package which does not contain any controlled substance or marijuana as defined in this chapter and is not in itself poisonous, and which is sold, offered, promoted, or advertised directly to the general public by or under the authority of the manufacturer or primary distributor, under a trademark, trade name, or other trade symbol privately owned, and the labeling of which conforms to the requirements of this chapter and applicable federal law. However, this definition shall not include a drug that is only advertised or promoted professionally to licensed practitioners, a narcotic or drug containing a narcotic, a drug that may be dispensed only upon prescription or the label of which bears substantially the statement "Warning — may be habit-forming," or a drug intended for injection.
"Radiopharmaceutical" means any drug that exhibits spontaneous disintegration of unstable nuclei with the emission of nuclear particles or photons and includes any non-radioactive reagent kit or radionuclide generator that is intended to be used in the preparation of any such substance, but does not include drugs such as carbon-containing compounds or potassium-containing salts that include trace quantities of naturally occurring radionuclides. The term also includes any biological product that is labeled with a radionuclide or intended solely to be labeled with a radionuclide.
"Reference biological product" means the single biological product licensed pursuant to 42 U.S.C. § 262(a) against which a biological product is evaluated in an application submitted to the U.S. Food and Drug Administration for licensure of biological products as biosimilar or interchangeable pursuant to 42 U.S.C. § 262(k).
"Sale" includes barter, exchange, or gift, or offer therefor, and each such transaction made by any person, whether as an individual, proprietor, agent, servant, or employee.
"Tetrahydrocannabinol" or "THC" means the same as that term is defined in § 4.1-600.
"Therapeutically equivalent drug products" means drug products that contain the same active ingredients and are identical in strength or concentration, dosage form, and route of administration and that are classified as being therapeutically equivalent by the U.S. Food and Drug Administration pursuant to the definition of "therapeutically equivalent drug products" set forth in the most recent edition of the Approved Drug Products with Therapeutic Equivalence Evaluations, otherwise known as the "Orange Book."
"Third-party logistics provider" means a person that provides or coordinates warehousing of or other logistics services for a drug or device in interstate commerce on behalf of a manufacturer, wholesale distributor, or dispenser of the drug or device but does not take ownership of the product or have responsibility for directing the sale or disposition of the product.
"Total tetrahydrocannabinol concentration" means the same as that term is defined in § 4.1-600.
"USP-NF" means the current edition of the United States Pharmacopeia-National Formulary.
"Warehouser" means any person, other than a wholesale distributor, manufacturer, or third-party logistics provider, engaged in the business of (i) selling or otherwise distributing prescription drugs or devices to any person who is not the ultimate user or consumer and (ii) delivering Schedule VI prescription devices to the ultimate user or consumer pursuant to § 54.1-3415.1. No person shall be subject to any state or local tax by reason of this definition.
"Wholesale distribution" means (i) distribution of prescription drugs to persons other than consumers or patients and (ii) delivery of Schedule VI prescription devices to the ultimate user or consumer pursuant to § 54.1-3415.1, subject to the exemptions set forth in the federal Drug Supply Chain Security Act.
"Wholesale distributor" means any person other than a manufacturer, a manufacturer's co-licensed partner, a third-party logistics provider, or a repackager that engages in wholesale distribution.
The words "drugs" and "devices" as used in Chapter 33 (§ 54.1-3300 et seq.) and in this chapter shall not include surgical or dental instruments, physical therapy equipment, X-ray apparatus, or glasses or lenses for the eyes.
The terms "pharmacist," "pharmacy," and "practice of pharmacy" as used in this chapter shall be defined as provided in Chapter 33 (§ 54.1-3300 et seq.) unless the context requires a different meaning.
§ 54.1-3408.3. Certification for use of cannabis oil for treatment.
A. As used in this section:
"Botanical cannabis" means cannabis that is composed wholly of usable cannabis from the same parts of the same chemovar of cannabis plant.
"Cannabis oil" means any formulation of processed
Cannabis plant extract, which may include industrial hemp extracts, including
isolates and distillates, acquired by a pharmaceutical processor pursuant to §
54.1-3442.6, or a dilution of the resin of the Cannabis plant that contains no
more than 10 milligrams of delta-9-tetrahydrocannabinol
tetrahydrocannabinol per dose. "Cannabis oil" does not include
industrial hemp, as defined in § 3.2-4112, that is grown, dealt
handled, or processed in compliance with state or federal law, unless it
has been grown and processed in the Commonwealth by a registered industrial
hemp processor and acquired and formulated by a pharmaceutical processor.
"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 cannabis oil or botanical 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.
"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 a vulnerable 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 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 cannabis to a minor, the written certification shall specifically authorize such dispensing. If not specifically included on the initial written certification, authorization for botanical 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 Board of Pharmacy. 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. A written certification shall not be issued to a patient by more than one practitioner during any given time period.
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 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. No patient shall be required to physically present the written certification after the initial dispensing by any pharmaceutical processor or cannabis dispensing facility under each written certification, provided that the pharmaceutical processor or cannabis dispensing facility maintains an electronic copy of the written certification. Pharmaceutical processors and cannabis dispensing facilities shall electronically transmit, on a monthly basis, all new written certifications received by the pharmaceutical processor or cannabis dispensing facility to the Board.
G. A patient, or, if such patient is a minor or a vulnerable 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 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 a cannabis product by a pharmaceutical processor or 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 cannabis product on behalf of a patient or resident for subsequent delivery to the patient or resident and may assist in the administration of the cannabis product to the patient or resident as necessary.
I. 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 patient, (iv) a pharmaceutical processor or cannabis dispensing facility involved in the treatment of a patient, or (v) a registered agent, but only with respect to information related to such patient.
§ 54.1-3423. Board to issue registration unless inconsistent with public interest; authorization to conduct research; application and fees.
A. The Board shall register an applicant to manufacture or distribute controlled substances included in Schedules I through V unless it determines that the issuance of that registration would be inconsistent with the public interest. In determining the public interest, the Board shall consider the following factors:
1. Maintenance of effective controls against diversion of controlled substances into other than legitimate medical, scientific, or industrial channels;
2. Compliance with applicable state and local law;
3. Any convictions of the applicant under any federal and state laws relating to any controlled substance;
4. Past experience in the manufacture or distribution of controlled substances, and the existence in the applicant's establishment of effective controls against diversion;
5. Furnishing by the applicant of false or fraudulent material in any application filed under this chapter;
6. Suspension or revocation of the applicant's federal registration to manufacture, distribute, or dispense controlled substances as authorized by federal law; and
7. Any other factors relevant to and consistent with the public health and safety.
B. Registration under subsection A does not entitle a registrant to manufacture and distribute controlled substances in Schedule I or II other than those specified in the registration.
C. Practitioners must be registered to conduct research or
laboratory analysis with controlled substances in Schedules II through VI,
tetrahydrocannabinol, or marijuana. Practitioners registered under federal
law to conduct research with Schedule I substances, other than
tetrahydrocannabinol marijuana, may conduct research with Schedule I
substances within this the Commonwealth upon furnishing the
evidence of that federal registration.
D. The Board may register other persons or entities to possess controlled substances listed on Schedules II through VI upon a determination that (i) there is a documented need, (ii) the issuance of the registration is consistent with the public interest, (iii) the possession and subsequent use of the controlled substances complies with applicable state and federal laws and regulations, and (iv) the subsequent storage, use, and recordkeeping of the controlled substances will be under the general supervision of a licensed pharmacist, practitioner of medicine, osteopathy, podiatry, dentistry, or veterinary medicine as specified in the Board's regulations. The Board shall consider, at a minimum, the factors listed in subsection A of this section in determining whether the registration shall be issued. Notwithstanding the exceptions listed in § 54.1-3422 A, the Board may mandate a controlled substances registration for sites maintaining certain types and quantities of Schedules II through VI controlled substances as it may specify in its regulations. The Board shall promulgate regulations related to requirements or criteria for the issuance of such controlled substances registration, storage, security, supervision, and recordkeeping.
E. The Board may register a public or private animal shelter as defined in § 3.2-6500 to purchase, possess, and administer certain Schedule II through VI controlled substances approved by the State Veterinarian for the purpose of euthanizing injured, sick, homeless, and unwanted domestic pets and animals and to purchase, possess, and administer certain Schedule VI drugs and biological products for the purpose of preventing, controlling, and treating certain communicable diseases that failure to control would result in transmission to the animal population in the shelter. Controlled substances used for euthanasia shall be administered only in accordance with protocols established by the State Veterinarian and only by persons trained in accordance with instructions by the State Veterinarian. The list of Schedule VI drugs and biological products used for treatment and prevention of communicable diseases within the shelter shall be determined by the supervising veterinarian of the shelter and the drugs and biological products shall be administered only pursuant to written protocols established or approved by the supervising veterinarian of the shelter and only by persons who have been trained in accordance with instructions established or approved by the supervising veterinarian. The shelter shall maintain a copy of the approved list of drugs and biological products, written protocols for administering, and training records of those persons administering drugs and biological products on the premises of the shelter.
F. The Board may register a crisis stabilization unit established pursuant to § 37.2-500 or 37.2-601 and licensed by the Department of Behavioral Health and Developmental Services to maintain a stock of Schedule VI controlled substances necessary for immediate treatment of patients admitted to the crisis stabilization unit, which may be accessed and administered by a nurse pursuant to a written or oral order of a prescriber in the absence of a prescriber. Schedule II through Schedule V controlled substances shall only be maintained if so authorized by federal law and Board regulations.
G. The Board may register an entity at which a patient is treated by the use of instrumentation and diagnostic equipment through which images and medical records may be transmitted electronically for the purpose of establishing a bona fide practitioner-patient relationship and is prescribed Schedule II through VI controlled substances when such prescribing is in compliance with federal requirements for the practice of telemedicine and the patient is not in the physical presence of a practitioner registered with the U.S. Drug Enforcement Administration. In determining whether the registration shall be issued, the Board shall consider (i) the factors listed in subsection A, (ii) whether there is a documented need for such registration, and (iii) whether the issuance of the registration is consistent with the public interest.
H. Applications for controlled substances registration certificates and renewals thereof shall be made on a form prescribed by the Board and such applications shall be accompanied by a fee in an amount to be determined by the Board.
I. Upon (i) any change in ownership or control of a business, (ii) any change of location of the controlled substances stock, (iii) the termination of authority by or of the person named as the responsible party on a controlled substances registration, or (iv) a change in the supervising practitioner, if applicable, the registrant or responsible party shall immediately surrender the registration. The registrant shall, within 14 days following surrender of a registration, file a new application and, if applicable, name the new responsible party or supervising practitioner.
§ 54.1-3442.6. Permit to operate pharmaceutical processor or cannabis dispensing facility.
A. No person shall operate a pharmaceutical processor or a 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 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 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 cannabis dispensing facility.
C. The Board shall adopt regulations establishing health,
safety, and security requirements for pharmaceutical processors and 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 the potency of each botanical cannabis product 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 cannabis products to a
patient, his registered agent, or, if such patient is a minor or a vulnerable
adult as defined in § 18.2-369, such patient's parent or legal guardian; (ix)
dosage limitations for cannabis oil that provide that each dispensed dose of
cannabis oil not exceed 10 milligrams of delta-9-tetrahydrocannabinol
tetrahydrocannabinol; (x) a process for the wholesale distribution of and
the transfer of usable cannabis, botanical cannabis, cannabis oil, and cannabis
products between pharmaceutical processors, between a pharmaceutical processors
and a cannabis dispensing facility, and between 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 cannabis dispensing facility,
and not for further distribution or sale, without the need for a written
certification; (xiii) a process for acquiring industrial hemp extracts and
formulating such extracts into cannabis products; 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 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 cannabis
products, (b) the secure disposal of agricultural waste, and (c) a process for
registering cannabis oil products.
D. The Board shall require that, after processing and before dispensing any cannabis products, a pharmaceutical processor shall make a sample available from each batch of 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 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 cannabis is required to achieve a representative botanical cannabis sample for analysis. Botanical 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 cannabis industry thresholds. The pharmaceutical processor may remediate botanical cannabis or cannabis oil that fails any quality testing standard except pesticides. Following remediation, all remediated botanical cannabis or cannabis oil shall be subject to laboratory testing and approved upon satisfaction of applicable testing standards, which shall not be more stringent than initial testing prior to remediation. If a batch of botanical cannabis fails retesting after remediation, it shall be considered usable cannabis and may be processed into cannabis oil. Stability testing shall not be required for any cannabis product with an expiration date assigned by the pharmaceutical processor of six months or less from the date of the cannabis product registration approval. Stability testing required for assignment of an expiration date longer than six months shall be limited to microbial testing, on a pass/fail basis, and potency testing, on a 10 percent deviation basis, of active ingredients.
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 cannabis dispensing facility shall be under the personal supervision of a licensed pharmacist on the premises of the pharmaceutical processor or cannabis dispensing facility. The pharmaceutical processor shall ensure that security measures are adequate to protect the 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 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 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 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 cannabis dispensing facilities for the dispensing of cannabis products that have been cultivated and produced on the premises of a pharmaceutical processor permitted by the Board. Each 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 cannabis dispensing facility.
K. Every pharmaceutical processor or 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 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 cannabis dispensing facility.
M. A pharmaceutical processor may acquire industrial hemp
extracts grown and processed in Virginia, and in compliance with state or
federal law, from a registered industrial hemp dealer handler or
processor. A pharmaceutical processor may process and formulate such extracts
into an allowable dosage of cannabis product. Industrial hemp extracts acquired
and formulated by a pharmaceutical processor are 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 governing the testing of cannabis products. The
industrial hemp dealer handler or processor shall provide such
third-party testing results to the pharmaceutical processor before industrial
hemp extracts 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 cannabis products; report.
A. A pharmaceutical processor or cannabis dispensing facility shall dispense or deliver cannabis products only in person to (i) a patient who is a Virginia resident or temporarily resides in Virginia and has been issued a valid written certification; (ii) such patient's registered agent; or (iii) if such patient is a minor or a vulnerable adult as defined in § 18.2-369, such patient's parent or legal guardian who is a Virginia resident or temporarily resides in Virginia. A companion may accompany a patient into a pharmaceutical processor's dispensing area or cannabis dispensing facility. Prior to the initial dispensing of cannabis products pursuant to each written certification, a pharmacist or pharmacy technician employed by the pharmaceutical processor or 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 registered agent if applicable. 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 cannabis products pursuant to each written certification, an employee or delivery agent shall view a current photo identification of the patient, registered agent, parent, or legal guardian and the current board registration issued to the registered agent if applicable. No pharmaceutical processor or cannabis dispensing facility shall dispense more than a 90-day supply, as determined by the dispensing pharmacist or certifying practitioner, for any patient during any 90-day period. A pharmaceutical processor or cannabis dispensing facility may dispense less than a 90-day supply of a cannabis product for any patient during any 90-day period; however, a pharmaceutical processor or cannabis dispensing facility may dispense more than one cannabis product to a patient at one time. No more than four ounces of botanical cannabis shall be dispensed for each 30-day period for which botanical cannabis is dispensed. The Board shall establish in regulation an amount of cannabis oil that constitutes a 90-day supply to treat or alleviate the symptoms of a patient's diagnosed condition or disease. In determining the appropriate amount of a cannabis product to be dispensed to a patient, a pharmaceutical processor or cannabis dispensing facility shall consider all cannabis products dispensed to the patient and adjust the amount dispensed accordingly.
B. A pharmaceutical processor or cannabis dispensing facility
shall dispense only cannabis products produced on the premises of a
pharmaceutical processor permitted by the Board or cannabis products that have
been formulated with extracts from industrial hemp acquired by a pharmaceutical
processor from a registered industrial hemp dealer handler 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 cannabis dispensing facilities issued a permit by the Board.
D. The concentration of delta-9-tetrahydrocannabinol
tetrahydrocannabinol in any cannabis product on site may be up to 10
percent greater than or less than the level of delta-9-tetrahydrocannabinol
tetrahydrocannabinol measured for labeling. A pharmaceutical processor and
cannabis dispensing facility shall ensure that such concentration in any
cannabis product on site is within such range. A pharmaceutical processor producing
cannabis products shall establish a stability testing schedule of cannabis
products.
§ 54.1-3443. Board to administer article.
A. The Board shall administer this article and may add substances to or deschedule or reschedule all substances enumerated in the schedules in this article pursuant to the procedures of the Administrative Process Act (§ 2.2-4000 et seq.). In making a determination regarding a substance, the Board shall consider the following:
1. The actual or relative potential for abuse;
2. The scientific evidence of its pharmacological effect, if known;
3. The state of current scientific knowledge regarding the substance;
4. The history and current pattern of abuse;
5. The scope, duration, and significance of abuse;
6. The risk to the public health;
7. The potential of the substance to produce psychic or physical dependence; and
8. Whether the substance is an immediate precursor of a substance already controlled under this article.
B. After considering the factors enumerated in subsection A, the Board shall make findings and issue a regulation controlling the substance if it finds the substance has a potential for abuse.
C. If the Board designates a substance as an immediate precursor, substances which are precursors of the controlled precursor shall not be subject to control solely because they are precursors of the controlled precursor.
D. If the Board, in consultation with the Department of Forensic Science, determines the substance shall be placed into Schedule I or II pursuant to § 54.1-3445 or 54.1-3447, the Board may amend its regulations pursuant to Article 2 (§ 2.2-4006 et seq.) of the Administrative Process Act. Prior to making such amendments, the Board shall conduct a public hearing. At least 30 days prior to conducting such hearing, it shall post notice of the hearing on the Virginia Regulatory Town Hall and shall send notice of the hearing to any persons requesting to be notified of a regulatory action. In the notice, the Board shall include a list of all substances it intends to schedule by regulation. The Board shall notify the House Committee for Courts of Justice and the Senate Committee on the Judiciary of any new substance added to Schedule I or II pursuant to this subsection. Any substance added to Schedule I or II pursuant to this subsection shall remain on Schedule I or II for a period of 18 months. Upon expiration of such 18-month period, such substance shall be descheduled unless a general law is enacted adding such substance to Schedule I or II. Nothing in this subsection shall preclude the Board from adding substances to or descheduling or rescheduling all substances enumerated in the schedules pursuant to the provisions of subsections A, B, and E.
E. If any substance is designated, rescheduled, or descheduled as a controlled substance under federal law and notice of such action is given to the Board, the Board may similarly control the substance under this chapter after the expiration of 30 days from publication in the Federal Register of a final or interim final order or rule designating a substance as a controlled substance or rescheduling or descheduling a substance by amending its regulations in accordance with the requirements of Article 2 (§ 2.2-4006 et seq.) of the Administrative Process Act. Prior to making such amendments, the Board shall post notice of the hearing on the Virginia Regulatory Town Hall and shall send notice of the hearing to any persons requesting to be notified of a regulatory action. The Board shall include a list of all substances it intends to schedule by regulation in such notice.
F. Authority to control under this section does not extend to distilled spirits, wine, malt beverages, or tobacco as those terms are defined or used in Title 4.1.
G. The Board shall exempt any nonnarcotic substance from a schedule if such substance may, under the provisions of the federal Food, Drug, and Cosmetic Act (21 U.S.C. § 301 et seq.) or state law, be lawfully sold over the counter without a prescription.
H. Any tetrahydrocannabinol isomer, ester, ether, salt, or salts or isomers, esters, or ethers scheduled pursuant to this section shall not be included in the definition of marijuana set forth in § 4.1-600, 18.2-247, or 54.1-3401.
§ 54.1-3446. Schedule I.
The controlled substances listed in this section are included in Schedule I:
1. Any of the following opiates, including their isomers, esters, ethers, salts, and salts of isomers, esters, and ethers, unless specifically excepted, whenever the existence of these isomers, esters, ethers and salts is possible within the specific chemical designation:
1-{1-[1-(4-bromophenyl)ethyl]-4-piperidinyl}-1,3-dihydro-2H-benzimidazol-2-one (other name: Brorphine);
1-[2-methyl-4-(3-phenyl-2-propen-1-yl)-1-piperazinyl]-1-butanone (other name: 2-methyl AP-237);
1-(2-phenylethyl)-4-phenyl-4-acetyloxypiperidine (other name: PEPAP);
1-methyl-4-phenyl-4-propionoxypiperidine (other name: MPPP);
2-[(4-methoxyphenyl)methyl]-N,N-diethyl-5-nitro-1H-benzimidazole-1-ethanamine (other name: Metonitazene);
2-methoxy-N-phenyl-N-[1-(2-phenylethyl)-4-piperidinyl]-acetamide (other name: Methoxyacetyl fentanyl);
3,4-dichloro-N-[2-(dimethylamino)cyclohexyl]-N-methyl-benzamide (other name: U-47700);
3,4-dichloro-N-{[1-(dimethylamino)cyclohexyl]methyl}benzamide (other name: AH-7921);
Acetyl fentanyl (other name: desmethyl fentanyl);
Acetylmethadol;
Allylprodine;
Alphacetylmethadol (except levo-alphacetylmethadol, also known as levo-alpha-acetylmethadol, levomethadyl acetate, or LAAM);
Alphameprodine;
Alphamethadol;
Benzethidine;
Betacetylmethadol;
Betameprodine;
Betamethadol;
Betaprodine;
Clonitazene;
Dextromoramide;
Diampromide;
Diethylthiambutene;
Difenoxin;
Dimenoxadol;
Dimepheptanol;
Dimethylthiambutene;
Dioxaphetylbutyrate;
Dipipanone;
Ethylmethylthiambutene;
Etonitazene;
Etoxeridine;
Furethidine;
Hydroxypethidine;
Ketobemidone;
Levomoramide;
Levophenacylmorphan;
Morpheridine;
MT-45 (1-cyclohexyl-4-(1,2-diphenylethyl)piperazine);
N-(1-phenethylpiperidin-4-yl)-N-phenylcyclopropanecarboxamide (other name: Cyclopropyl fentanyl);
N-(1-phenethylpiperidin-4-yl)-N-phenyltetrahydrofuran-2-carboxamide (other name: Tetrahydrofuranyl fentanyl);
N-[1-[1-methyl-2-(2-thienyl)ethyl]-4-piperidyl]-N-phenylpropanamide (other name: alpha-methylthiofentanyl);
N-[1-(1-methyl-2-phenylethyl)-4-piperidyl]-N-phenylacetamide (other name: acetyl-alpha-methylfentanyl);
N-{1-[2-hydroxy-2-(2-thienyl)ethyl]-4-piperidinyl}-N-phenylpropanamide (other name: beta-hydroxythiofentanyl);
N-[1-(2-hydroxy-2-phenyl)ethyl-4-piperidyl]-N-phenylpropanamide (other name: beta-hydroxyfentanyl);
N-[1-(alpha-methyl-beta-phenyl)ethyl-4-piperidyl]propionanilide (other names: 1-(1-methyl-2-phenylethyl)-4-(N-propanilido) piperidine, alpha-methylfentanyl);
N-(2-fluorophenyl)-N-[1-(2-phenylethyl)-4-piperidinyl]-propanamide (other names: 2-fluorofentanyl, ortho-fluorofentanyl);
N-(3-fluorophenyl)-N-[1-(2-phenylethyl)-4-piperidinyl]-propanamide (other name: 3-fluorofentanyl);
N-[3-methyl-1-(2-hydroxy-2-phenylethyl)4-piperidyl]-N-phenylpropanamide (other name: beta-hydroxy-3-methylfentanyl);
N-[3-methyl-1-(2-phenylethyl)-4-piperidyl]-N-phenylpropanamide (other name: 3-methylfentanyl);
N-[3-methyl-1-(2-thienyl)ethyl-4-piperidinyl]-N-phenylpropanamide (other name: 3-methylthiofentanyl);
N-(4-chlorophenyl)-N-[1-(2-phenylethyl)-4-piperidinyl]-propanamide (other names: para-chlorofentanyl, 4-chlorofentanyl);
N-(4-fluorophenyl)-2-methyl-N-[1-(2-phenylethyl)-4-piperidinyl]-propanamide (other name: para-fluoroisobutyryl fentanyl);
N-(4-fluorophenyl)-N-[1-(2-phenylethyl)-4-piperidinyl]-butanamide (other name: para-fluorobutyrylfentanyl);
N-(4-fluorophenyl)-N-1-(2-phenylethyl)-4-piperidinyl]-propanamide (other name: para-fluorofentanyl);
N,N-diethyl-2-(2-(4-isopropoxybenzyl)-5-nitro-1H-benzimidazol-1-yl)ethan-1-amine (other name: Isotonitazene);
N,N-diethyl-2-{[(4-ethoxyphenyl) methyl]-1H-benzimidazol-1-yl}-ethan-1-amine (other names: Etazene, Desnitroetonitazene);
N,N-diethyl-2-[(4-methoxyphenyl)methyl]-1H-benzimidazole-1-ethanamine (other name: Metodesnitazene);
N-phenyl-N-[1-(2-phenylmethyl)-4-piperidinyl]-2-furancarboxamide (other name: N-benzyl Furanyl norfentanyl);
N-phenyl-N-(4-piperidinyl)-propanamide (other name: Norfentanyl);
Noracymethadol;
Norlevorphanol;
Normethadone;
Norpipanone;
N-phenyl-N-[1-(2-phenylethyl)-4-piperidinyl]-2-furancarboxamide (other name: Furanyl fentanyl);
N-phenyl-N-[1-(2-phenylethyl)-4-piperidinyl]-2-propenamide (other name: Acryl fentanyl);
N-phenyl-N-[1-(2-phenylethyl)-4-piperidinyl]-butanamide (other name: butyryl fentanyl);
N-phenyl-N-[1-(2-phenylethyl)-4-piperidinyl]-pentanamide (other name: Pentanoyl fentanyl);
N-phenyl-N-[1-(2-thienyl)ethyl-4-piperidinyl]-propanamide (other name: thiofentanyl);
Phenadoxone;
Phenampromide;
Phenomorphan;
Phenoperidine;
Piritramide;
Proheptazine;
Properidine;
Propiram;
Racemoramide;
Tilidine;
Trimeperidine;
N-phenyl-N-[1-(2-phenylethyl)-4-piperidinyl]-1,3-benzodioxole-5-carboxamide (other name: Benzodioxole fentanyl);
3,4-dichloro-N-[2-(diethylamino)cyclohexyl]-N-methylbenzamide (other name: U-49900);
2-(2,4-dichlorophenyl)-N-[2-(dimethylamino)cyclohexyl]-N-methyl acetamide (other name: U-48800);
2-(3,4-dichlorophenyl)-N-[2-(dimethylamino)cyclohexyl]-N-methyl acetamide (other name: U-51754);
N-(2-fluorophenyl)-2-methoxy-N-[1-(2-phenylethyl)-4-piperidinyl]-acetamide (other name: Ocfentanil);
N-(4-methoxyphenyl)-N-[1-(2-phenylethyl)-4-piperidinyl]-butanamide (other name: 4-methoxybutyrylfentanyl);
N-phenyl-2-methyl-N-[1-(2-phenylethyl)-4-piperidinyl]-propanamide (other name: Isobutyryl fentanyl);
N-phenyl-N-[1-(2-phenylethyl)-4-piperidinyl]-cyclopentanecarboxamide (other name: Cyclopentyl fentanyl);
N-phenyl-N-(1-methyl-4-piperidinyl)-propanamide (other name: N-methyl norfentanyl);
N-[2-(dimethylamino)cyclohexyl]-N-methyl-1,3-benzodioxole-5-carboxamide (other names: 3,4-methylenedioxy U-47700 or 3,4-MDO-U-47700);
N-phenyl-N-[1-(2-phenylethyl)-4-piperidinyl]-2-butenamide (other name: Crotonyl fentanyl);
N-phenyl-N-[4-phenyl-1-(2-phenylethyl)-4-piperidinyl]-propanamide (other name: 4-phenylfentanyl);
N-phenyl-N-[1-(2-phenylethyl)-4-piperidinyl]-benzamide (other names: Phenyl fentanyl, Benzoyl fentanyl);
N-[2-(dimethylamino)cyclohexyl]-N-phenylfuran-2-carboxamide (other name: Furanyl UF-17);
N-[2-(dimethylamino)cyclohexyl]-N-phenylpropionamide (other name: UF-17);
3,4-dichloro-N-[2-(dimethylamino)cyclohexyl]-N-isopropyl-benzamide (other name: Isopropyl U-47700).
2. Any of the following opium derivatives, their salts, isomers and salts of isomers, unless specifically excepted, whenever the existence of these salts, isomers and salts of isomers is possible within the specific chemical designation:
Acetorphine;
Acetyldihydrocodeine;
Benzylmorphine;
Codeine methylbromide;
Codeine-N-Oxide;
Cyprenorphine;
Desomorphine;
Dihydromorphine;
Drotebanol;
Etorphine;
Heroin;
Hydromorphinol;
Methyldesorphine;
Methyldihydromorphine;
Morphine methylbromide;
Morphine methylsulfonate;
Morphine-N-Oxide;
Myrophine;
Nicocodeine;
Nicomorphine;
Normorphine;
Pholcodine;
Thebacon.
3. Unless specifically excepted or unless listed in another schedule, any material, compound, mixture, or preparation, which contains any quantity of the following hallucinogenic substances, or which contains any of its salts, isomers, and salts of isomers, whenever the existence of such salts, isomers, and salts of isomers is possible within the specific chemical designation (for purposes of this subdivision only, the term "isomer" includes the optical, position, and geometric isomers):
Alpha-ethyltryptamine (some trade or other names: Monase; a-ethyl-1H-indole-3-ethanamine; 3-2-aminobutyl] indole; a-ET; AET);
4-Bromo-2,5-dimethoxyphenethylamine (some trade or other names: 2-4-bromo-2,5-dimethoxyphenyl]-1-aminoethane;alpha-desmethyl DOB; 2C-B; Nexus);
3,4-methylenedioxy amphetamine;
5-methoxy-3,4-methylenedioxy amphetamine;
3,4,5-trimethoxy amphetamine;
Alpha-methyltryptamine (other name: AMT);
Bufotenine;
Diethyltryptamine;
Dimethyltryptamine;
4-methyl-2,5-dimethoxyamphetamine;
2,5-dimethoxy-4-ethylamphetamine (DOET);
4-fluoro-N-ethylamphetamine;
2,5-dimethoxy-4-(n)-propylthiophenethylamine (other name: 2C-T-7);
Ibogaine;
5-methoxy-N,N-diisopropyltryptamine (other name: 5-MeO-DIPT);
Lysergic acid diethylamide;
Mescaline;
Parahexyl (some trade or other names: 3-Hexyl-1-hydroxy-7,8,9,10-tetrahydro-6,6,9-trimethyl-6H-dibenzo [b,d] pyran; Synhexyl);
Peyote;
N-ethyl-3-piperidyl benzilate;
N-methyl-3-piperidyl benzilate;
Psilocybin;
Psilocyn;
Salvinorin A;
Tetrahydrocannabinols, except as present in (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; (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; (iii) marijuana; (iv) dronabinol in sesame oil and encapsulated in
a soft gelatin capsule in a drug product approved by the U.S. Food and Drug
Administration; or (v) industrial hemp, as defined in § 3.2-4112, that is
possessed by a person who holds a hemp producer license issued by the U.S.
Department of Agriculture pursuant to 7 C.F.R. Part 990;
2,5-dimethoxyamphetamine (some trade or other names: 2,5-dimethoxy-a-methylphenethylamine; 2,5-DMA);
3,4-methylenedioxymethamphetamine (MDMA), its optical, positional and geometric isomers, salts and salts of isomers;
3,4-methylenedioxy-N-ethylamphetamine (also known as N-ethyl-alpha-methyl-3,4 (methylenedioxy)phenethylamine, N-ethyl MDA, MDE, MDEA);
N-hydroxy-3,4-methylenedioxyamphetamine (some other names: N-hydroxy-alpha-methyl-3,4(methylenedioxy)phenethylamine, and N-hydroxy MDA);
4-bromo-2,5-dimethoxyamphetamine (some trade or other names: 4-bromo-2,5-dimethoxy-a-methylphenethylamine; 4-bromo-2,5-DMA);
4-methoxyamphetamine (some trade or other names: 4-methoxy-a-methylphenethylamine; paramethoxyamphetamine; PMA);
Ethylamine analog of phencyclidine (some other names: N-ethyl-1-phenylcyclohexylamine, (1-phenylcyclohexyl) ethylamine, N-(1-phenylcyclohexyl) ethylamine, cyclohexamine, PCE);
Pyrrolidine analog of phencyclidine (some other names: 1-(1-phenylcyclohexyl)-pyrrolidine, PCPy, PHP);
Thiophene analog of phencyclidine (some other names: 1-[1-(2-thienyl)-cyclohexyl]-piperidine, 2-thienyl analog of phencyclidine, TPCP, TCP);
1-1-(2-thienyl)cyclohexyl]pyrrolidine (other name: TCPy);
3,4-methylenedioxypyrovalerone (other name: MDPV);
4-methylmethcathinone (other names: mephedrone, 4-MMC);
3,4-methylenedioxymethcathinone (other name: methylone);
Naphthylpyrovalerone (other name: naphyrone);
4-fluoromethcathinone (other names: flephedrone, 4-FMC);
4-methoxymethcathinone (other names: methedrone; bk-PMMA);
Ethcathinone (other name: N-ethylcathinone);
3,4-methylenedioxyethcathinone (other name: ethylone);
Beta-keto-N-methyl-3,4-benzodioxolylbutanamine (other name: butylone);
N,N-dimethylcathinone (other name: metamfepramone);
Alpha-pyrrolidinopropiophenone (other name: alpha-PPP);
4-methoxy-alpha-pyrrolidinopropiophenone (other name: MOPPP);
3,4-methylenedioxy-alpha-pyrrolidinopropiophenone (other name: MDPPP);
Alpha-pyrrolidinovalerophenone (other name: alpha-PVP);
6,7-dihydro-5H-indeno-(5,6-d)-1,3-dioxol-6-amine (other name: MDAI);
3-fluoromethcathinone (other name: 3-FMC);
4-Ethyl-2,5-dimethoxyphenethylamine (other name: 2C-E);
4-Iodo-2,5-dimethoxyphenethylamine (other name: 2C-I);
4-Methylethcathinone (other name: 4-MEC);
4-Ethylmethcathinone (other name: 4-EMC);
N,N-diallyl-5-methoxytryptamine (other name: 5-MeO-DALT);
Beta-keto-methylbenzodioxolylpentanamine (other names: Pentylone, bk-MBDP);
Alpha-methylamino-butyrophenone (other name: Buphedrone);
Alpha-methylamino-valerophenone (other name: Pentedrone);
3,4-Dimethylmethcathinone (other name: 3,4-dmmc);
4-methyl-alpha-pyrrolidinopropiophenone (other name: MPPP);
4-Iodo-2,5-dimethoxy-N-[(2-methoxyphenyl)methyl]-benzeneethanamine (other names: 25-I, 25I-NBOMe, 2C-I-NBOMe);
Methoxetamine (other names: MXE, 3-MeO-2-Oxo-PCE);
4-Fluoromethamphetamine (other name: 4-FMA);
4-Fluoroamphetamine (other name: 4-FA);
2-(2,5-Dimethoxy-4-methylphenyl)ethanamine (other name: 2C-D);
2-(4-Chloro-2,5-dimethoxyphenyl)ethanamine (other name: 2C-C);
2-[4-(Ethylthio)-2,5-dimethoxyphenyl]ethanamine (other name: 2C-T-2);
2-[4-(Isopropylthio)-2,5-dimethoxyphenyl]ethanamine (other name: 2C-T-4);
2-(2,5-Dimethoxyphenyl)ethanamine (other name: 2C-H);
2-(2,5-Dimethoxy-4-nitro-phenyl)ethanamine (other name: 2C-N);
2-(2,5-Dimethoxy-4-(n)-propylphenyl)ethanamine (other name: 2C-P);
(2-aminopropyl)benzofuran (other name: APB);
(2-aminopropyl)-2,3-dihydrobenzofuran (other name: APDB);
4-chloro-2,5-dimethoxy-N-[(2-methoxyphenyl)methyl]-benzeneethanamine (other names: 2C-C-NBOMe, 25C-NBOMe, 25C);
4-bromo-2,5-dimethoxy-N-[(2-methoxyphenyl)methyl]-benzeneethanamine (other names: 2C-B-NBOMe, 25B-NBOMe, 25B);
Acetoxydimethyltryptamine (other names: AcO-Psilocin, AcO-DMT, Psilacetin);
Benocyclidine (other names: BCP, BTCP);
Alpha-pyrrolidinobutiophenone (other name: alpha-PBP);
3,4-methylenedioxy-N,N-dimethylcathinone (other names: Dimethylone, bk-MDDMA);
4-bromomethcathinone (other name: 4-BMC);
4-chloromethcathinone (other name: 4-CMC);
4-Iodo-2,5-dimethoxy-N-[(2-hydroxyphenyl)methyl]-benzeneethanamine (other name: 25I-NBOH);
Alpha-Pyrrolidinohexiophenone (other name: alpha-PHP);
Alpha-Pyrrolidinoheptiophenone (other name: PV8);
5-methoxy-N,N-methylisopropyltryptamine (other name: 5-MeO-MIPT);
Beta-keto-N,N-dimethylbenzodioxolylbutanamine (other names: Dibutylone, bk-DMBDB);
Beta-keto-4-bromo-2,5-dimethoxyphenethylamine (other name: bk-2C-B);
1-(1,3-benzodioxol-5-yl)-2-(ethylamino)-1-pentanone (other name: N-ethylpentylone);
1-[1-(3-methoxyphenyl)cyclohexyl]piperidine (other name: 3-methoxy PCP);
1-[1-(4-methoxyphenyl)cyclohexyl]piperidine (other name: 4-methoxy PCP);
4-Chloroethcathinone (other name: 4-CEC);
3-Methoxy-2-(methylamino)-1-(4-methylphenyl)-1-propanone (other name: Mexedrone);
1-propionyl lysergic acid diethylamide (other name: 1P-LSD);
(2-Methylaminopropyl)benzofuran (other name: MAPB);
1-(1,3-benzodioxol-5-yl)-2-(dimethylamino)-1-pentanone (other names: N,N-Dimethylpentylone, Dipentylone);
1-(4-methoxyphenyl)-2-(pyrrolidin-1-yl)octan-1-one (other name: 4-methoxy-PV9);
3,4-tetramethylene-alpha-pyrrolidinovalerophenone (other name: TH-PVP);
4-allyloxy-3,5-dimethoxyphenethylamine (other name: Allylescaline);
4-Bromo-2,5-dimethoxy-N-[(2-hydroxyphenyl)methyl]-benzeneethanamine (other name: 25B-NBOH);
4-chloro-alpha-methylamino-valerophenone (other name: 4-chloropentedrone);
4-chloro-alpha-Pyrrolidinovalerophenone (other name: 4-chloro-alpha-PVP);
4-fluoro-alpha-Pyrrolidinoheptiophenone (other name: 4-fluoro-PV8);
4-hydroxy-N,N-diisopropyltryptamine (other name: 4-OH-DIPT);
4-methyl-alpha-ethylaminopentiophenone;
4-methyl-alpha-Pyrrolidinohexiophenone (other name: MPHP);
5-methoxy-N,N-dimethyltryptamine (other name: 5-MeO-DMT);
5-methoxy-N-ethyl-N-isopropyltryptamine (other name: 5-MeO-EIPT);
6-ethyl-6-nor-lysergic acid diethylamide (other name: ETH-LAD);
6-allyl-6-nor-lysergic acid diethylamide (other name: AL-LAD);
(N-methyl aminopropyl)-2,3-dihydrobenzofuran (other name: MAPDB);
2-(methylamino)-2-phenyl-cyclohexanone (other name: Deschloroketamine);
2-(ethylamino)-2-phenyl-cyclohexanone (other name: deschloro-N-ethyl-ketamine);
2-methyl-1-(4-(methylthio)phenyl)-2-morpholinopropiophenone (other name: MMMP);
Alpha-ethylaminohexanophenone (other name: N-ethylhexedrone);
N-ethyl-1-(3-methoxyphenyl)cyclohexylamine (other name: 3-methoxy-PCE);
4-fluoro-alpha-pyrrolidinohexiophenone (other name: 4-fluoro-alpha-PHP);
N-ethyl-1,2-diphenylethylamine (other name: Ephenidine);
2,5-dimethoxy-4-chloroamphetamine (other name: DOC);
3,4-methylenedioxy-N-tert-butylcathinone;
Alpha-pyrrolidinoisohexiophenone (other name: alpha-PiHP);
1-[1-(3-hydroxyphenyl)cyclohexyl]piperidine (other name: 3-hydroxy PCP);
4-acetyloxy-N,N-diallyltryptamine (other name: 4-AcO-DALT);
4-hydroxy-N,N-methylisopropyltryptamine (other name: 4-hydroxy-MiPT);
3,4-Methylenedioxy-alpha-pyrrolidinohexanophenone (other name: MDPHP);
5-methoxy-N,N-dibutyltryptamine (other name: 5-methoxy-DBT);
1-(1,3-benzodioxol-5-yl)-2-(ethylamino)-1-butanone (other names: Eutylone, bk-EBDB);
1-(1,3-benzodioxol-5-yl)-2-(butylamino)-1-pentanone (other name: N-butylpentylone);
N-benzyl-3,4-dimethoxyamphetamine (other name: N-benzyl-3,4-DMA);
1-(benzo[d][1,3]dioxol-5-yl)-2-(sec-butylamino)pentan-1-one (other name: N-sec-butyl Pentylone);
1-cyclopropionyl lysergic acid diethylamide (other name: 1cP-LSD);
2-(ethylamino)-1-phenylheptan-1-one (other name: N-ethylheptedrone);
(2-ethylaminopropyl)benzofuran (other name: EAPB);
4-ethyl-2,5-dimethoxy-N-[(2-hydroxyphenyl)methyl]-benzeneethanamine (other name: 25E-NBOH);
2-fluoro-Deschloroketamine (other name: 2-(2-fluorophenyl)-2-(methylamino)-cyclohexanone);
4-hydroxy-N-ethyl-N-propyltryptamine (other name: 4-hydroxy-EPT);
2-(isobutylamino)-1-phenylhexan-1-one (other names: N-Isobutyl Hexedrone, alpha-isobutylaminohexanphenone);
1-(4-methoxyphenyl)-N-methylpropan-2-amine (other names: para-Methoxymethamphetamine, PMMA);
N-ethyl-1-(3-hydroxyphenyl)cyclohexylamine (other name: 3-hydroxy-PCE);
N-heptyl-3,4-dimethoxyamphetamine (other name: N-heptyl-3,4-DMA);
N-hexyl-3,4-dimethoxyamphetamine (other name: N-hexyl-3,4-DMA);
4-fluoro-3-methyl-alpha-pyrrolidinovalerophenone (other name: 4-fluoro-3-methyl-alpha-PVP);
4-fluoro-alpha-methylamino-valerophenone (other name: 4-fluoropentedrone);
N-(1,4-dimethylpentyl)-3,4-dimethoxyamphetamine (other name: N-(1,4-dimethylpentyl)-3,4-DMA);
4,5-methylenedioxy-N,N-diisopropyltryptamine (other name: 4,5-MDO-DiPT);
Alpha-pyrrolidinocyclohexanophenone (other name: alpha-PCYP);
3,4-methylenedioxy-alpha-pyrrolidinoheptiophenone (other name: MDPV8);
4-chloro-alpha-methylaminobutiophenone (other name: 4-chloro Buphedrone).
4. Unless specifically excepted or unless listed in another schedule, any material, compound, mixture or preparation which contains any quantity of the following substances having a depressant effect on the central nervous system, including its salts, isomers and salts of isomers whenever the existence of such salts, isomers and salts of isomers is possible within the specific chemical designation:
5-(2-chlorophenyl)-1,3-dihydro-3-methyl-7-nitro-2H-1,4-benzodiazepin-2-one (other name: Meclonazepam);
7-chloro-5-(2-fluorophenyl)-1,3-dihydro-1,4-benzodiazepin-2-one (other name: Norfludiazepam);
Bromazolam;
Clonazolam;
Deschloroetizolam;
Etizolam;
Flualprazolam;
Flubromazepam;
Flubromazolam;
Gamma hydroxybutyric acid (some other names include GHB; gamma hydroxybutyrate; 4-hydroxybutyrate; 4-hydroxybutanoic acid; sodium oxybate; sodium oxybutyrate);
Mecloqualone;
Methaqualone.
5. Unless specifically excepted or unless listed in another schedule, any material, compound, mixture or preparation which contains any quantity of the following substances having a stimulant effect on the central nervous system, including its salts, isomers and salts of isomers:
2-(3-fluorophenyl)-3-methylmorpholine (other name: 3-fluorophenmetrazine);
Aminorex (some trade or other names; aminoxaphen; 2-amino-5-phenyl-2-oxazoline; 4,5-dihydro-5-phenyl-2-oxazolamine);
Cathinone (some trade or other names: 2-amino-1-phenyl-1-propanone, alpha-aminopropiophenone, 2-aminopropiophenone, norephedrone), and any plant material from which Cathinone may be derived;
Cis-4-methylaminorex (other name: cis-4,5-dihydro-4-methyl-5-phenyl-2-oxazolamine);
Ethylamphetamine;
Ethyl phenyl(piperidin-2-yl)acetate (other name: Ethylphenidate);
Fenethylline;
Methcathinone (some other names: 2-(methylamino)-propiophenone; alpha-(methylamino)-propiophenone; 2-(methylamino)-1-phenylpropan-1-one; alpha-N-methylaminopropiophenone; monomethylpropion; ephedrone; N-methylcathinone; methylcathinone; AL-464; AL-422; AL-463 and UR 1432);
N-Benzylpiperazine (some other names: BZP, 1-benzylpiperazine);
N,N-dimethylamphetamine (other names: N,N-alpha-trimethyl-benzeneethanamine, N,N-alpha-trimethylphenethylamine);
Methyl 2-(4-fluorophenyl)-2-(2-piperidinyl)acetate (other name: 4-fluoromethylphenidate);
Isopropyl-2-phenyl-2-(2-piperidinyl)acetate (other name: Isopropylphenidate);
4-chloro-N,N-dimethylcathinone;
3,4-methylenedioxy-N-benzylcathinone (other name: BMDP).
6. Any substance that contains one or more cannabimimetic agents or that contains their salts, isomers, and salts of isomers whenever the existence of such salts, isomers, and salts of isomers is possible within the specific chemical designation, and any preparation, mixture, or substance containing, or mixed or infused with, any detectable amount of one or more cannabimimetic agents.
a. "Cannabimimetic agents" includes any substance that is within any of the following structural classes:
2-(3-hydroxycyclohexyl)phenol with substitution at the 5-position of the phenolic ring by alkyl or alkenyl, whether or not substituted on the cyclohexyl ring to any extent;
3-(1-naphthoyl)indole or 1H-indol-3-yl-(1-naphthyl)methane with substitution at the nitrogen atom of the indole ring, whether or not further substituted on the indole ring to any extent, whether or not substituted on the naphthoyl or naphthyl ring to any extent;
3-(1-naphthoyl)pyrrole with substitution at the nitrogen atom of the pyrrole ring, whether or not further substituted in the pyrrole ring to any extent, whether or not substituted on the naphthoyl ring to any extent;
1-(1-naphthylmethyl)indene with substitution of the 3-position of the indene ring, whether or not further substituted in the indene ring to any extent, whether or not substituted on the naphthyl ring to any extent;
3-phenylacetylindole or 3-benzoylindole with substitution at the nitrogen atom of the indole ring, whether or not further substituted in the indole ring to any extent, whether or not substituted on the phenyl ring to any extent;
3-cyclopropoylindole with substitution at the nitrogen atom of the indole ring, whether or not further substituted on the indole ring to any extent, whether or not substituted on the cyclopropyl ring to any extent;
3-adamantoylindole with substitution at the nitrogen atom of the indole ring, whether or not further substituted on the indole ring to any extent, whether or not substituted on the adamantyl ring to any extent;
N-(adamantyl)-indole-3-carboxamide with substitution at the nitrogen atom of the indole ring, whether or not further substituted on the indole ring to any extent, whether or not substituted on the adamantyl ring to any extent; and
N-(adamantyl)-indazole-3-carboxamide with substitution at a nitrogen atom of the indazole ring, whether or not further substituted on the indazole ring to any extent, whether or not substituted on the adamantyl ring to any extent.
b. The term "cannabimimetic agents" includes:
5-(1,1-Dimethylheptyl)-2-[3-hydroxycyclohexyl]-phenol (other name: CP 47,497);
5-(1,1-Dimethylhexyl)-2-[3-hydroxycyclohexyl]-phenol (other name: CP 47,497 C6 homolog);
5-(1,1-Dimethyloctyl)-2-[3-hydroxycyclohexyl]-phenol (other name: CP 47,497 C8 homolog);
5-(1,1-Dimethylnonyl)-2-[3-hydroxycyclohexyl]-phenol (other name: CP 47,497 C9 homolog);
1-pentyl-3-(1-naphthoyl)indole (other names: JWH-018, AM-678);
1-butyl-3-(1-naphthoyl)indole (other name: JWH-073);
1-pentyl-3-(2-methoxyphenylacetyl)indole (other name: JWH-250);
1-hexyl-3-(naphthalen-1-oyl)indole (other name: JWH-019);
1-[2-(4-morpholinyl)ethyl]-3-(1-naphthoyl)indole (other name: JWH-200);
(6aR,10aR)-9-(hydroxymethyl)-6,6-dimethyl-3-(2-methyloctan-2-yl)-6a,7,10,10a-tet rahydrobenzo[c]chromen-1-ol (other name: HU-210);
1-pentyl-3-(4-methoxy-1-naphthoyl)indole (other name: JWH-081);
1-pentyl-3-(4-methyl-1-naphthoyl)indole (other name: JWH-122);
1-pentyl-3-(2-chlorophenylacetyl)indole (other name: JWH-203);
1-pentyl-3-(4-ethyl-1-naphthoyl)indole (other name: JWH-210);
1-pentyl-3-(4-chloro-1-naphthoyl)indole (other name: JWH-398);
1-(5-fluoropentyl)-3-(2-iodobenzoyl)indole (other name: AM-694);
1-((N-methylpiperidin-2-yl)methyl)-3-(1-naphthoyl)indole (other name: AM-1220);
1-(5-fluoropentyl)-3-(1-naphthoyl)indole (other name: AM-2201);
1-[(N-methylpiperidin-2-yl)methyl]-3-(2-iodobenzoyl)indole (other name: AM-2233);
Pravadoline (4-methoxyphenyl)-[2-methyl-1-(2-(4-morpholinyl)ethyl)indol-3-yl]methanone (other name: WIN 48,098);
1-pentyl-3-(4-methoxybenzoyl)indole (other names: RCS-4, SR-19);
1-(2-cyclohexylethyl)-3-(2-methoxyphenylacetyl)indole (other names: RCS-8, SR-18);
1-pentyl-3-(2,2,3,3-tetramethylcyclopropylmethanone)indole (other name: UR-144);
1-(5-fluoropentyl)-3-(2,2,3,3-tetramethylcyclopropylmethanone)indole (other names: XLR-11, 5-fluoro-UR-144);
N-adamantyl-1-fluoropentylindole-3-carboxamide (other name: STS-135);
N-adamantyl-1-pentylindazole-3-carboxamide (other names: AKB48, APINACA);
1-pentyl-3-(1-adamantoyl)indole (other name: AB-001);
(8-quinolinyl)(1-pentylindol-3-yl)carboxylate (other name: PB-22);
(8-quinolinyl)(1-(5-fluoropentyl)indol-3-yl)carboxylate (other name: 5-fluoro-PB-22);
(8-quinolinyl)(1-cyclohexylmethyl-indol-3-yl)carboxylate (other name: BB-22);
N-(1-amino-3-methyl-1-oxobutan-2-yl)-1-pentylindazole-3-carboxamide (other name: AB-PINACA);
N-(1-amino-3-methyl-1-oxobutan-2-yl)-1-(4-fluorobenzyl)indazole-3-carboxamide (other name: AB-FUBINACA);
1-(5-fluoropentyl)-3-(1-naphthoyl)indazole (other name: THJ-2201);
N-(1-amino-3,3-dimethyl-1-oxobutan-2-yl)-1-pentylindazole-3-carboxamide (other name: ADB-PINACA);
N-(1-amino-3-methyl-1-oxobutan-2-yl)-1-(cyclohexylmethyl)indazole-3-carboxamide (other name: AB-CHMINACA);
N-(1-amino-3-methyl-1-oxobutan-2-yl)-1-(5-fluoropentyl)indazole-3-carboxamide (other name: 5-fluoro-AB-PINACA);
N-(1-amino-3,3-dimethyl-1-oxobutan-2-yl)-1-(cyclohexylmethyl)indazole-3-carboxamide (other names: ADB-CHMINACA, MAB-CHMINACA);
Methyl-2-(1-(5-fluoropentyl)-1H-indazole-3-carboxamido)-3-methylbutanoate (other name: 5-fluoro-AMB);
1-naphthalenyl 1-(5-fluoropentyl)-1H-indole-3-carboxylate (other name: NM-2201);
1-(4-fluorobenzyl)-3-(2,2,3,3-tetramethylcyclopropylmethanone)indole (other name: FUB-144);
1-(5-fluoropentyl)-3-(4-methyl-1-naphthoyl)indole (other name MAM-2201);
N-(1-Amino-3,3-dimethyl-1-oxobutan-2-yl)-1-[(4-fluorophenyl)methyl]-1H-indazole-3-carboxamide (other name: ADB-FUBINACA);
Methyl 2-[1-[(4-fluorophenyl)methyl]-1H-indazole-3-carboxamido]-3,3-dimethylbutanoate (other name: MDMB-FUBINACA);
Methyl 2-[1-(5-fluoropentyl)-1H-indazole-3-carboxamido]-3,3-dimethylbutanoate (other names: 5-fluoro-ADB, 5-Fluoro-MDMB-PINACA);
Methyl 2-({1-[(4-fluorophenyl)methyl]-1H-indazole-3-carbonyl}amino)-3-methylbutanoate (other names: AMB-FUBINACA, FUB-AMB);
N-(adamantan-1-yl)-1-(4-fluorobenzyl)-1H-indazole-3-carboxamide (other names: FUB-AKB48, 5F-APINACA);
N-(adamantan-1-yl)-1-(5-fluoropentyl)-1H-indazole-3-carboxamide (other name: 5F-AKB48);
N-(adamantanyl)-1-(5-chloropentyl) indazole-3-carboxamide (other name: 5-chloro-AKB48);
Naphthalen-1-yl 1-pentyl-1H-indazole-3-carboxylate (other name: SDB-005);
N-(1-amino-3-methyl-1-oxobutan-2-yl)-1-(cyclohexylmethyl)indole-3-carboxamide (other name: AB-CHMICA);
1-pentyl-N-(phenylmethyl)-1H-indole-3-carboxamide (other name: SDB-006);
Quinolin-8-yl 1-(4-fluorobenzyl)-1H-indole-3-carboxylate (other name: FUB-PB-22);
Methyl N-[1-(cyclohexylmethyl)-1H-indole-3-carbonyl]valinate (other name: MMB-CHMICA);
N-(1-amino-3,3-dimethyl-1-oxobutan-2-yl)-1-(5-fluoropentyl)indazole-3-carboxamide (other name: 5-fluoro-ADB-PINACA);
1-(4-cyanobutyl)-N-(1-methyl-1-phenylethyl)-1H-indazole-3-carboxamide (other name: 4-cyano CUMYL-BUTINACA);
Methyl 2-[1-(5-fluoropentyl)-1H-indole-3-carboxamido]-3,3-dimethylbutanoate (other names: 5-fluoro MDMB-PICA, 5F-MDMB-PICA);
Ethyl 2-({1-[(4-fluorophenyl)methyl]-1H-indazole-3-carbonyl}amino)-3-methylbutanoate (other name: EMB-FUBINACA);
Methyl 2-[1-4-fluorobutyl)-1H-indazole-3-carboxamido]-3,3-dimethylbutanoate (other name: 4-fluoro-MDMB-BUTINACA);
1-(5-fluoropentyl)-N-(1-methyl-1-phenylethyl)-1H-indole-3-carboxamide (other name: 5-fluoro CUMYL-PICA);
Methyl 2-[1-(pent-4-enyl)-1H-indazole-3-carboxamindo]-3,3-dimethylbutanoate (other name: MDMB-4en-PINACA);
Methyl 2-({1-[(4-fluorophenyl)methyl]-1H-indole-3-carbonyl}amino)-3-methylbutanoate (other names: MMB-FUBICA, AMB-FUBICA);
Methyl 2-[1-(4-penten-1-yl)-1H-indole-3-carboxamido]-3-methylbutanoate (other names: MMB022, MMB-4en-PICA);
Methyl 2-[1-(5-fluoropentyl)-1H-indole-3-carboxamido]-3-methylbutanoate (other name: MMB 2201);
Methyl 2-[1-(5-fluoropentyl)-1H-indole-3-carboxamido]-3-phenylpropanoate (other name: 5-fluoro-MPP-PICA);
N-(1-amino-3,3-dimethyl-1-oxobutan-2-yl)-1-butylindazole-3-carboxamide (other name: ADB-BUTINACA);
N-(1-amino-3-methyl-1-oxobutan-2-yl)-1-(5-chloropentyl)indazole-3-carboxamide (other name: 5-chloro-AB-PINACA);
1-(5-fluoropentyl)-N-(2-phenylpropan-2-yl)-1H-indazole-3-carboxamide (other names: 5F-CUMYL-PINACA, 5-fluoro CUMYL-PINACA, CUMYL-5F-PINACA);
Ethyl 2-[1-(5-fluoropentyl)-1H-indazole-3-carboxamido]-3,3-dimethylbutanoate (other names: 5F-EDMB-PINACA, 5-fluoro EDMB-PINACA);
Ethyl-2-[1-(5-fluoropentyl)-1H-indazole-3-carboxamido]-3-methylbutanoate (other names: 5-fluoro-EMB-PINACA, 5F-AEB);
Ethyl 2-[1-(5-fluoropentyl)-1H-indole-3-carboxamido]-3-methylbutanoate (other name: 5-fluoro-EMB-PICA);
Ethyl-2-[1-(5-fluoropentyl)-1H-indole-3-carboxamido]-3,3-dimethylbutanoate (other name: 5-fluoro EDMB-PICA);
Methyl 2-[1-(4-fluorobutyl)-1H-indole-3-carboxamido]-3,3-dimethylbutanoate (other name: 4-fluoro-MDMB-BUTICA);
Methyl 2-(1-(cyclohexylmethyl)-1H-indole-3-carboxamido)-3,3-dimethylbutanoate (other names: MDMB-CHMICA, MMB-CHMINACA);
N-(1-amino-3,3-dimethyl-1-oxobutan-2-yl)-1-(pent-4-enyl)indazole-3-carboxamide (other name: ADB-4en-PINACA).
2. That Article 5 (§§ 3.2-5145.1 through 3.2-5145.5) of Chapter 51 of Title 3.2 of the Code of Virginia is repealed.
3. That the provisions of this act creating in Chapter 51 of Title 3.2 an article numbered 6, consisting of sections numbered 3.2-5145.6 through 3.2-5145.9, and repealing Article 5 (§§ 3.2-5145.1 through 3.2-5145.5) of Chapter 51 of Title 3.2 of the Code of Virginia shall become effective on the earlier of (i) the promulgation by the Board of Directors of the Virginia Cannabis Control Authority of final regulations governing regulated hemp products pursuant to § 4.1-606 of the Code of Virginia, as amended by this act, or (ii) January 1, 2024. Any regulation promulgated by the Department of Agriculture and Consumer Services pursuant to Article 5 of Chapter 51 of Title 3.2 of the Code of Virginia, as repealed by this act, shall remain in full force and effect and continue to be administered by the Department of Agriculture and Consumer Services until the effective date of the repeal of Article 5 of Chapter 51 of Title 3.2 of the Code of Virginia.
4. That, except as otherwise provided in the third enactment, the Board of Directors (the Board) of the Virginia Cannabis Control Authority shall promulgate regulations to implement the provisions of the first enactment by September 1, 2023. With the exception of § 2.2-4031 of the Code of Virginia, neither the provisions of the Administrative Process Act (§ 2.2-4000 et seq. of the Code of Virginia) nor public participation guidelines adopted pursuant thereto shall apply to the Board's initial adoption of regulations to implement the provisions of the first enactment. However, prior to adopting any regulation, the Board 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 of the Code of Virginia shall apply to the promulgation or final adoption process for regulations pursuant to this section. The Board shall consider and keep on file all public comments received for any regulation adopted pursuant to this act.
5. That, except as otherwise provided in the sixth enactment of this act, the Board of Directors of the Virginia Cannabis Control Authority shall not issue any license pursuant to the provisions of this act prior to July 1, 2024.
6. § 1. That, notwithstanding any other provision of law, any pharmaceutical processor that holds a permit pursuant to § 54.1-3442.6 of the Code of Virginia shall be authorized to sell cannabis products as defined in § 54.1-3408.3 of the Code of Virginia to persons who are 21 years of age or older without the need for a written certification. The Board of Directors of the Virginia Cannabis Control Authority (the Board) shall adopt, by January 1, 2024, and enforce regulations governing sales and related activities conducted pursuant to this enactment that shall model, to the greatest extent practicable, the regulations of the Board of Pharmacy governing pharmaceutical processors set forth in 18VAC110-60 of the Virginia Administrative Code, subject to the following exceptions and requirements:
1. Part II (18VAC110-60-30 et seq.) of 18VAC110-60 and 18VAC110-60-310 of the Virginia Administrative Code shall not apply;
2. Pharmaceutical processors engaging in sales pursuant to the provisions of this enactment shall:
a. Sell cannabis products only in opaque, child-resistant, tamper-evident, and resealable packaging;
b. Report quarterly to the Board data regarding all sales conducted pursuant to this enactment, including information regarding violations, errors, and omissions;
c. Be permitted to cultivate in no more than 80,000 square feet of canopy the number of cannabis plants, as determined by the pharmaceutical processor, necessary to serve the demand for sales created by this enactment;
d. Dedicate a sufficient number of registers at each facility to registered patient sales and maintain sufficient inventory of cannabis products to satisfy the demands of such patients;
e. Submit to the Board and, upon approval by the Board, comply with a diversity, equity, and inclusion plan describing how the pharmaceutical processor will, in its health service area or other area determined by the Board, (i) educate consumers about responsible consumption of cannabis products and (ii) incubate five retail franchisees in a historically economically disadvantaged community for a period of three years and support and educate applicants in a historically economically disadvantaged community that wish to participate in the cannabis market. The Board shall begin accepting applicants from retail franchisee applicants on July 1, 2023, vet such applicants, and present the Board's selections to each pharmaceutical processor. Each pharmaceutical processor shall select five retail franchisees from such pool by September 1, 2023. Such retail franchisees shall have the same retail sale authority granted to the pharmaceutical processor and may begin sales on January 1, 2024; and
f. Pay a one-time $6 million fee to the Department of Taxation prior to engaging in sales pursuant to this enactment;
3. Pharmaceutical processors engaging in sales pursuant to the provisions of this enactment shall not:
a. Deliver cannabis products or sell cannabis products at any location other than the pharmaceutical processor and cannabis dispensing facilities for which the pharmaceutical processor holds a permit pursuant to § 54.1-3442.6 of the Code of Virginia;
b. Advertise cannabis products to persons younger than 21 years of age;
c. Sell to a person in a single transaction more than (i) one ounce of botanical cannabis products, (ii) five grams of cannabis concentrate products, or (iii) a quantity of infused cannabis products that contains more than 500 milligrams of tetrahydrocannabinol;
d. Sell any nonbotanical cannabis product with an individual unit dose containing more than 10 milligrams of tetrahydrocannabinol;
e. Be required to comply with any Board regulation, requirement, or restriction that does not model, to the greatest extent practicable, the regulations of the Board of Pharmacy or exceptions thereto set forth in this enactment unless such regulation, requirement, or restriction is adopted by the General Assembly; or
f. Be subject to administrative action, liability, or other penalty based on the acts or omissions of any independent cannabis retailer; and
4. Persons without a written certification shall be permitted to access pharmaceutical processor and dispensing facilities for the purpose of purchasing cannabis products in accordance with the provisions of this enactment.
For the purposes of this enactment, "canopy" means any area dedicated to live marijuana plant cultivation, including areas in which plants are grown, propagated, cloned, or maintained. If any such areas are stacked vertically, each level of space shall be measured and included in the total canopy square footage.
§ 2. The Board of Directors of the Virginia Cannabis Control Authority may suspend the privileges of a pharmaceutical processor to engage in sales under this enactment for substantial and repeated violations of the provisions of this enactment.
§ 3. A tax of 21 percent shall be levied on the sale of cannabis products pursuant to this enactment, which shall be in addition to any tax imposed under Chapter 6 (§ 58.1-600 et seq.) of Title 58.1 of the Code of Virginia or any other provision of federal, state, or local law. Pharmaceutical processors shall remit such tax to the Department of Taxation. The Department of Taxation shall deposit tax revenues from the 21 percent excise tax, as well as the fees received from pharmaceutical processors pursuant to § 1, into the account of the Virginia Cannabis Control Authority to be used to provide loans to applicants in a historically economically disadvantaged community who are in need of capital for the start-up of a licensed cannabis business.
Any locality may by ordinance levy a three percent tax on the sale of cannabis products pursuant to this enactment. Such local tax shall be in addition to any local sales tax imposed under Chapter 6 (§ 58.1-600 et seq.) of Title 58.1, any food and beverage tax imposed under Article 7.1 (§ 58.1-3833 et seq.) of Chapter 38 of Title 58.1, and any excise tax imposed on meals under § 58.1-3840. If a town imposes a tax under this section, any tax imposed by its surrounding county under this section shall not apply within the limits of the town. Nothing in this section shall be construed to prohibit a locality from imposing any tax authorized by law on a person or property regulated under this enactment. Any locality that enacts an ordinance pursuant to this section shall, within 30 days, notify the Virginia Cannabis Control Authority and any pharmaceutical processor in such locality of the ordinance's enactment. The ordinance shall take effect on the first day of the second month following its enactment. Any local tax levied under this section shall be remitted and disbursed to the Virginia Cannabis Control Authority in the same manner as the 21 percent state excise tax and, thereafter, disbursed to the applicable locality.
§ 4. The Board of Directors of the Virginia Cannabis Control Authority and the Department of Taxation may assess and collect fees from each pharmaceutical processor that sells cannabis products pursuant to this enactment in an amount sufficient to recover the costs associated with the implementation of the provisions of this enactment.
§ 5. The provisions of this enactment shall not apply to or otherwise affect the sale of cannabis products to patients with written certifications by pharmaceutical processors pursuant to Article 4.2 (§ 54.1-3442.5 et seq. of the Code of Virginia) of the Drug Control Act.
§ 6. No agent or employee of a pharmaceutical processor or 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 of the Code of Virginia for possession or manufacture of marijuana or for possession, manufacture, or distribution of 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 cannabis products in accordance with the provisions of this enactment or (ii) possessed, manufactured, or distributed such cannabis products that are consistent with generally accepted cannabis industry standards in accordance with the provisions of this enactment.
§ 7. The Board of Directors of the Virginia Cannabis Control Authority's (the Board) initial adoption of regulations necessary to implement the provisions of this enactment shall be exempt from the Administrative Process Act (§ 2.2-4000 et seq. of the Code of Virginia), except that the Board shall provide an opportunity for public comment on the regulations prior to adoption.
§ 8. That the provisions of this enactment shall become effective on January 1, 2024.
§ 9. That the provisions of this enactment shall expire when the Virginia Cannabis Control Authority (the Authority) provides written notice to the Division of Legislative Services that pharmaceutical processors engaging in the sale of cannabis products pursuant to the provisions of this enactment are authorized by the Authority to apply for and be granted licenses to cultivate, manufacture, wholesale, and sell at retail to consumers 21 years of age or older retail marijuana and retail marijuana products at the pharmaceutical processor and cannabis dispensing facilities for which the pharmaceutical processor holds a permit pursuant to § 54.1-3442.6 of the Code of Virginia.
7. That on or before September 1, 2023, the Department of Corrections, sheriff of a local jail, regional director of a regional jail, and the Department of Juvenile Justice, respectively, shall determine which individuals currently incarcerated in such state correctional facility, local correctional facility, or secure facility, or placed on community supervision, respectively, meet the criteria for a hearing on the modification of sentence as set forth in subsections A and B of § 19.2-303.03 of the Code of Virginia, as created by this act, and shall (i) provide an electronic list of such individuals to the clerk of each circuit court in the jurisdiction where the individual was sentenced and (ii) notify all such individuals that they may be eligible for modification of their sentence, a hearing will be scheduled for such determination, and that they may file a petition for assistance of counsel and a statement of indigency.
8. That within 30 days of receiving the electronic list provided under the seventh enactment of this act, the clerk of each circuit court shall notify the chief judge of that circuit court who shall subsequently set a hearing within the timeframes required pursuant to subsections A and B of § 19.2-303.03 of the Code of Virginia, as created by this act, for each individual to determine whether to modify such individual's sentence.
9. That the provisions of § 19.2-303.03 of the Code of Virginia, as created by this act, and the seventh and eighth enactments of this act shall expire on July 1, 2026.
10. That the provisions of this act may result in a net increase in periods of imprisonment or commitment. Pursuant to § 30-19.1:4 of the Code of Virginia, the estimated amount of the necessary appropriation cannot be determined for periods of imprisonment in state adult correctional facilities; therefore, Chapter 2 of the Acts of Assembly of 2022, Special Session I, requires the Virginia Criminal Sentencing Commission to assign a minimum fiscal impact of $50,000. Pursuant to § 30-19.1:4 of the Code of Virginia, the estimated amount of the necessary appropriation cannot be determined for periods of commitment to the custody of the Department of Juvenile Justice.