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2023 SESSION

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23101934D
HOUSE BILL NO. 1513 Offered January 11, 2023 Prefiled January 4, 2023 A BILL to amend and reenact § 18.2-250 of the Code of Virginia and to amend the Code of Virginia by adding a section numbered 18.2-251.5, relating to possession, dispensing, or distribution of psilocybin for certain medical purposes; penalty. ---------- Patron-- Adams, D.M. ---------- Referred to Committee for Courts of Justice ----------

Be it enacted by the General Assembly of Virginia:

1. That § 18.2-250 of the Code of Virginia is amended and reenacted and that the Code of Virginia is amended by adding a section numbered 18.2-251.5 as follows:

§ 18.2-250. Possession of controlled substances unlawful.

A. It is unlawful for any person knowingly or intentionally to possess a controlled substance unless the substance was obtained directly from, or pursuant to, a valid prescription or order of a practitioner while acting in the course of his professional practice, or except as otherwise authorized by the Drug Control Act (§ 54.1-3400 et seq.).

Upon the prosecution of a person for a violation of this section, ownership or occupancy of premises or vehicle upon or in which a controlled substance was found shall not create a presumption that such person either knowingly or intentionally possessed such controlled substance.

(a) Any Except as provided in subdivision (d), any person who violates this section with respect to any controlled substance classified in Schedule I or II of the Drug Control Act shall be is guilty of a Class 5 felony, except that any person other than an inmate of a penal institution as defined in § 53.1-1 or in the custody of an employee thereof who violates this section with respect to a cannabimimetic agent is guilty of a Class 1 misdemeanor.

(b) Any person other than an inmate of a penal institution as defined in § 53.1-1 or in the custody of an employee thereof, who violates this section with respect to a controlled substance classified in Schedule III shall be is guilty of a Class 1 misdemeanor.

(b1) Violation of this section with respect to a controlled substance classified in Schedule IV shall be punishable as a Class 2 misdemeanor.

(b2) Violation of this section with respect to a controlled substance classified in Schedule V shall be punishable as a Class 3 misdemeanor.

(c) Violation of this section with respect to a controlled substance classified in Schedule VI shall be punishable as a Class 4 misdemeanor.

(d) Any person who violates this section with respect to psilocybin is guilty of a Class 2 misdemeanor and shall be not be incarcerated for more than 30 days or fined more than $500, either or both. A second or subsequent violation of this section with respect to psilocybin is a Class 1 misdemeanor.

B. The provisions of this section shall not apply to members of state, federal, county, city or town law-enforcement agencies, jail officers, or correctional officers, as defined in § 53.1-1, certified as handlers of dogs trained in the detection of controlled substances when possession of a controlled substance or substances is necessary in the performance of their duties.

§ 18.2-251.5. Possession or distribution of psilocybin for certain medical purposes permitted.

A. No person shall be prosecuted under § 18.2-250 for possession of psilocybin when such possession occurs pursuant to a valid prescription or order issued by a medical practitioner in the course of his professional practice for treatment of refractory depression or post-traumatic stress disorder or to ameliorate end-of-life anxiety.

B. No medical practitioner shall be prosecuted under § 18.2-248 for dispensing or distributing psilocybin for medical purposes when such action occurs in the course of his professional practice for treatment of refractory depression or post-traumatic stress disorder or to ameliorate end-of-life anxiety.

C. No pharmacist shall be prosecuted under § 18.2-248 for dispensing or distributing psilocybin to any person who holds a valid prescription of a medical practitioner for such substance issued in the course of such practitioner's professional practice for treatment of refractory depression or post-traumatic stress disorder or to ameliorate end-of-life anxiety.