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Creating a Report: Check the sections you’d like to appear in the report, then use the “Create Report” button at the bottom of the page to generate your report. Once the report is generated you’ll then have the option to download it as a pdf, print or email the report.
§ 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 per dose. “Cannabis oil” does not include industrial hemp, as defined in § 3.2-4112, that is grown, dealt, or processed in compliance with state or federal law, unless it has been 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.
2015, cc. 7, 8; 2017, c. 613; 2018, cc. 246, 809; 2019, cc. 653, 654, 681, 690; 2020, cc. 730, 831, 928, 1278; 2021 Sp. Sess. I, cc. 205, 227, 228; 2022, cc. 259, 391, 392, 642.
The chapters of the acts of assembly referenced in the historical citation at the end of this section may not constitute a comprehensive list of such chapters and may exclude chapters whose provisions have expired.
Where to Buy CBD in Virginia in 2022
However, you can easily order CBD online and have it at your door within a few business days.
Before you place an order, let’s review the laws regarding cannabis products in Virginia.
1. All Hemp-Derived Cannabinoids Legal | Marijuana Medical Use Only
Table of Contents
Where To Buy CBD Oil in Virginia:
- Royal CBD Oil— Best CBD Oil Overall
- Gold Bee CBD Gummies— Best CBD Gummies
- CBDistillery THC-Free Pure CBD Oil— Best CBD Isolate Oil
- Industrial Hemp Farms— Best CBD Flower
- Honest Paws CBD Oil For Dogs— Best CBD Oil For Dogs
Is CBD Legal in Virginia in 2022?
CBD is legal in Virginia, and with its new laws, you can buy marijuana or hemp-derived products.
The laws change depending on which plant your product comes from.
Marijuana-derived CBD contains THC, which is the chemical that gets you high. These products are illegal federally and in all states that haven’t legalized the plant.
Hemp CBD generally has a THC content of less than 0.3%, which means you can benefit from all the health benefits of CBD without getting high.
The Federal Government removed industrial hemp from the list of Controlled Substances with the 2018 Agriculture Act.
Despite CBD being widely available across the state of Virginia, you need to know how to protect yourself from companies selling fake or dangerous products.
Tips for Safely Buying CBD
Because cannabis products, in general, are mostly unregulated, it’s imperative you find a reputable company. The following list serves as a guideline for what to look for.
1. Avoid Companies Making Unsubstantiated Health Claims
CBD helps manage a variety of symptoms, but it won’t cure diseases. But if a company is trying to sell you CBD by saying it’s a miracle drug, it’s probably a scam.
2. Look For Evidence of Third-Party Testing
Any reputable company should be able to provide third-party lab reports that state that its products are free from harmful chemicals (such as pesticides and solvents) and that the CBD content in the product matches what is advertised.
3. Double-check the THC content
This is more about protecting yourself from the law than it is about finding high-quality products. This is less of an issue now that marijuana is legal, but you’re still only allowed to possess a certain amount.
4. Opt For Full-Spectrum Products
There are different kinds of CBD oils. CBD isolates mean that there is nothing but CBD in the oil. This type of CBD misses out on valuable cannabinoids, terpenes, and flavonoids. Full-spectrum products contain all of the compounds, allowing you to get the most out of CBD.
Buying CBD Products Online In Virginia
Making your purchase online with a trustworthy vendor is almost always the best way to find high-quality CBD in Virginia. If you go online for your CBD needs, you’ll save valuable time and money.
Online shops have better products for less money. By cutting out the physical store, the supplier is able to offer discounts that you won’t find locally. Often, this can include bulk purchase options or package deals.
There’s a huge variety of CBD products found online. Some creative and entrepreneurial people have put CBD into just about anything you can think of. Right now, you can find CBD in tinctures, waxes, creams, lotions, vape juice, and even treats for your pets.
When you shop online, you’re buying from specialists. Usually, online shops sell one thing and one thing only: CBD. When you buy online, you can be confident that you’re getting it from a source that knows its product. You should be able to find the answers to your questions and the right product for your needs.
Is Marijuana Legal In Virginia in 2022?
Yes, marijuana is fully legal in Virginia.
In 2021, Virginia became the first Southern state to legalize recreational marijuana through SB 1406. This gives adults over 21 the right to have up to an ounce and cultivate four plants. However, this law is subject to reenactment by the 2022 Session of the General Assembly.
It’s important to note that due to separate provisions in the law, commercial production and retail sale of marijuana are not in effect until 2024.
Medical Marijuana in Virginia
Virginia has had a marijuana medical program for a long time but only recently expanded it enough to be useful. In 2021, HB 2218 makes other marijuana products legal, besides the oil.
You can have up to four ounces in thirty days and grow four plants if you qualify.
In order to qualify, you must have any diagnosed condition or disease determined by the practitioner to benefit from such use.
Medical Marijuana Laws in Virginia
Although Virginia doesn’t really have a medical marijuana program, the state has allowed access to some types of marijuana for patients with severe medical conditions.
Virginia was one of the first states to introduce laws that allowed cancer and glaucoma patients to access marijuana to manage their symptoms. The legislation was introduced in 1979, but it was never really put to any use.
Under Senate Bill 726, people with intractable epilepsy can access limited THC CBD products and THC-A products. In 2017, Virginia approved five vertically integrated cannabis providers. These providers handle everything from the growing of medical marijuana to dispensing the products.
In March 2018, Governor Ralph Northam approved House Bill 1251, which provides a legal defense for those who are arrested for possession but have a doctor’s approval to use CBD and THC-A products.
Note: This bill doesn’t prevent you from getting arrested if you have a doctor’s recommendation. It only gives you a proper defense in court.
Under this bill, your CBD must contain a minimum of 15% CBD and no more than 5% THC.
Is Delta 8 THC Legal in Virginia in 2022?
Delta 8 THC is legal in Virginia.
Delta 8 THC is a popular replacement for marijuana, partly because of its legal status. It’s molecularly similar to delta 9 (THC) but milder and legal in most states, though it falls into a gray area most of the time. However, some states moved fast to outlaw it.
Why is it so great?
Cannabinoids like delta 8, THC, and CBD can positively impact our health. Delta 8 has few side effects, while THC can cause paranoia and anxiety along with the intense high. It’s also legal federally due to the Farm Bill that legalized hemp and its derivatives.
It’s still psychoactive, meaning it will make you high, but it’s more mellow than THC. Many people use it for relaxing, though it carries many of the same benefits as marijuana, including pain and nausea relief.
How to Buy Delta 8 in Virginia
Just like with CBD, you need to be careful when buying it. Delta 8 is unregulated, and there are a lot of companies trying to bank on its popularity.
Always check for third-party tests and read online reviews. This can help you determine how trustworthy the vendor is.
There are plenty of online vendors that have potent delta 8 and a great selection of products. You’re not stuck with just tinctures — you can find delta 8 flower, edibles, and concentrates.
If you’re wondering where to start, check out one of the following companies. They’re known for high-quality delta 8 and will have what you want:
Recommended CBD Retailers in Virginia
With legal marijuana, you can now buy CBD at dispensaries. These are the best way to buy CBD locally, but they’ll also be more expensive and you won’t have as much of a selection.
If you don’t have a dispensary near you, check out one of the following stores instead, or head online for the best prices.
All of these stores should have helpful employees who can help you find a reliable source of CBD locally. Until marijuana laws make progress in Virginia, vape stores are your best bet for finding CBD products locally.
Final Notes on Buying CBD & Delta 8 THC in Virginia
Virginia is now a great place to find CBD and delta 8 products. With new legislation allowing marijuana for recreational use, and no laws banning delta 8, you have an endless selection to choose from, especially if you buy online.
Local places will have these products, too, but you’ll probably end up paying more. Plus, you have access to vendors from around the country when you shop online (not to mention the convenience of it).
If you want to place an order today, go online. This is the best way to get high-quality CBD and delta 8 sent straight to your door in Virginia.