Virginia 2022 Regular Session Status: Enacted

SB 591 — Marijuana; shape productions, definitions.

Last action — Left in Rehabilitation and Social Services

  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Senate
  4. ✓
    Passed House of Delegates
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced January 12, 2022. Enacted.

Signed by Governor Glenn Youngkin (Republican) on March 22, 2022.

Prognosis

Advancing 56% · moderate confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 2 sponsors

    1 primary, 1 co-sponsors signed on.

  • Mixed recorded votes

    12 passed, 3 failed in recorded votes so far.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Summary

Marijuana; shape prohibitions; definitions of marijuana and tetrahydrocannabinol. Modifies the definition of "marijuana" in several Code sections to (i) include any substance containing a total tetrahydrocannabinol concentration that exceeds 0.3 percent or more than 0.25 milligram of tetrahydrocannabinol per serving or more than one milligram per package and (ii) exclude industrial hemp that is possessed by a person who holds a hemp producer license issued by the U.S. Department of Agriculture or his agent; an industrial hemp extract that contains a tetrahydrocannabinol concentration of no greater than 0.3 percent and no more than 0.25 milligram of tetrahydrocannabinol per serving or more than one milligram per package at the time such industrial hemp extract is offered for retail sale and is derived from industrial hemp grown, dealt, or processed in compliance with state or federal law; and any drug product containing tetrahydrocannabinol that is approved for marketing by the U.S. Food and Drug Administration and scheduled in the Drug Control Act by the Board of Pharmacy. The bill defines "tetrahydrocannabinol" to include any naturally occurring or synthetic tetrahydrocannabinol, including its salts, isomers, or salts of isomers. The bill removes references in the Code to delta-9 tetrahydrocannabinol and amends numerous sections to accommodate for the definitional changes described above. The bill requires the Board of Directors of the Virginia Cannabis Control Authority to promulgate regulations that prohibit the production and sale of retail marijuana and retail marijuana products that depict or are in the shape of a human, animal, vehicle, or fruit. The bill has staggered effective dates.

Bill Text

What changed in the latest version

1665 added · 1517 removed

Plain-language change summary

The revised version of SB 591 includes updates to the sections of Virginia law concerning the production and regulation of industrial hemp. Key changes clarify that growers, dealers, and processors are legally protected from prosecution related to industrial hemp, as long as they follow federal regulations. This matters because it strengthens the legal framework for hemp production, encouraging growth in the industry and ensuring that those involved can operate without fear of legal repercussions for complying with agricultural standards.

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SESSION ENROLLED VIRGINIA ACTS OF ASSEMBLY –– CHAPTER E An Act to amend and reenact §§ 3.2-4113, 3.2-4118, 4.1-600, 4.1-606, 9.1-1101, 18.2-247, 18.2-251.1, Virginia, relating to marijuana;
SESSION SENATE SUBSTITUTE 22108127D SENATE BILL NO.
shape prohibitions;
591 AMENDMENT IN THE NATURE OF A SUBSTITUTE (Proposed by the Governor on April 11, 2022) (Patron Prior to Substitute––Senator Hanger) A BILL to amend and reenact §§ 3.2-4113, 3.2-4118, 3.2-5145.4, 3.2-5145.5, 4.1-600, 4.1-606, 4.1-1100, 54.1-3442.7, 54.1-3446, and 59.1-200 of the Code of Virginia, relating to marijuana;
definitions of marijuana and6 of the CoRe of tetrahydrocannabinol.
shape, prohibitions;
O L [S 591] L Approved E Be it enacted by the General Assembly of Virginia:
definitions of marijuana and tetrahydrocannabinol.
D 54.1-3408.3, 54.1-3423, 54.1-3442.6, 54.1-3442.7, 54.1-3446 of the Code of Virginia are amended.1-3401, and reenacted as follows:
Be it enacted by the General Assembly of Virginia:
§ 3.2-4113.
1.
Production of industrial hemp lawful.
That §§ 3.2-4113, 3.2-4118, 3.2-5145.4, 3.2-5145.5, 4.1-600, 4.1-606, 4.1-1100, 9.1-1101, 18.2-247, 18.2-251.1, 19.2-188.1, 54.1-3401, 54.1-3408.3, 54.1-3423, 54.1-3442.6, 54.1-3442.7, 54.1-3446, and 59.§ 3.2-4113.
A.
Production of industrial hemp lawful.nacted as follows:
S A.
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, Br 18.2-250 for the possession or growing of industrial hemp or any Cannabis sativa with a 9 concentration percentage established in federal regulations applicable to negligent violations Eocated at 7 C.F.R.
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 concentration percentage established in federal regulations applicable to negligent violations located at 7 C.F.R.
No dealer 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, or processing of industrial hemp.
No dealer or his agent or processor or his agent shall be prosecuted under Thapter 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, 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 or 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 burB.
In Eny 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 or Article 1 (§ 18.2-247 et seq.) of Chapter exception, excuse, proviso, or exemption contained in this chapter or the Drug Control Act, and theany burden of proof of any such exception, excuse, proviso, or exemption shall be on the defendant.S B.
Nothing in this chapter shall be construed to authorize any person to violate any federal law or regulation.
Nothing in this chapter shall be construed to authorize any person to violate any federalUlaw or regulation.
C.
B 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, or process site.
No person shall be prosecuted under Chapter 11 (§ 4.1-1100 et seq.) of Title 4.1 or § 18.2-247, inadvertent natural spread of seeds or pollen as a result of proximity to a production field, dealership, or process site.
§ 3.2-4118.
T 36 § 3.2-4118.
A.
37 A.
The Commissioner shall deny the application, or suspend or revoke the registration, of any person Commissioner shall provide reasonable notice of an informal fact-finding conference pursuant toer.
The Commissioner shall deny the application, or suspend or revoke the registration, of any person 38 who, with a culpable mental state greater than negligence, violates any provision of this chaptTr.
The § 2.2-4019 to any person in connection with the denial, suspension, or revocation of a registration.
The 39 Commissioner shall provide reasonable notice of an informal fact-finding conference pursuant toU § 2B.
B.
The grower, dealer, or processor may appeal a final order to the circuit court in accordance with the Administrative Process Act.
The grower, dealer, or processor may appeal a final order to the circEit court in accordance with the Administrative Process Act.
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, or greater than that allowed by federal law;
A person issued a registration pursuant to subsection A of § 3.2-4115 who negligently (i) fails to process site;
or (iii) produces a Cannabis sativa product shall comply withion any corrective action plan established by the Commissioner in accordance with the provisions of subsection E.
(ii) grows, deals in, or processes Cannabis sativa with a tetrahydrocannabinol concentration greater than that allowed by federal law;
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.
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.
990.6(b)(3).
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 concentraSion that does not exceed the total delta-9 tetrahydrocannabinol concentration percentage establishe5 in fedD.
D.
A person who grows, deals in, 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.
A person who grows, deals in, 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 ComE.
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 of 26 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.
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 SB591S4 2 of 30 than two calendar years to the Commissioner on the person's compliance with the provisions of this chapter.
§ 3.2-5145.4.
Industrial hemp extract requirements.
A.
An industrial hemp extract shall (i) be produced from industrial hemp grown in compliance with applicable law and (ii) notwithstanding any authority under federal law to have a greater concentration of tetrahydrocannabinol, have a tetrahydrocannabinol concentration of no greater than 0.3 percent.
B.
In addition to the requirements of this chapter, an industrial hemp extract or food containing an industrial hemp extract shall comply with regulations adopted by the Board pursuant to § 3.2-5145.5.
C.
No person shall manufacture, offer for sale at retail, or sell at retail an industrial hemp extract or food containing an industrial hemp extract that depicts or is in the shape of a human, animal, vehicle, or fruit.
§ 3.2-5145.5.
Regulations.
A.
The Board is authorized to adopt regulations for the efficient enforcement of this article.
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B.
The Board shall adopt regulations identifying contaminants of an industrial hemp extract or a food containing an industrial hemp extract and establishing tolerances for such identified contaminants.
C.
The Board shall adopt regulations establishing labeling requirements for an industrial hemp extract or a food containing an industrial hemp extract and may adopt other packaging requirements for an industrial hemp extract or a food containing an industrial hemp extract that is offered for sale at retail, including per-package and per-serving tetrahydrocannabinol limits.
D.
The Board shall adopt regulations establishing batch testing requirements for industrial hemp extracts.
The Board shall require that batch testing of industrial hemp extracts be conducted by an independent testing laboratory that meets criteria established by the Board.
E.
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 pursuant to this section.
The Board shall consider and keep on file all public comments received for any regulation adopted pursuant to this section.
"Manufacturing" or "manufacture" does not include cultivation or testing.
"Manufacturing" or "manufacture" does not of 30 inc"Marijuana" means any part of a plant of the genus Cannabis, whether growing or not, its seeds or resin;
"Marijuana" means (i) 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.
and every compound, manufacture, salt, derivative, mixture, or preparation of such plant, its seeds, its resin, or any extract containing one or more cannabinoids or (ii) any substance containing (a) a total tetrahydrocannabinol concentration that exceeds 0.3 percent or (b) more than 0.25 milligram of tetrahydrocannabinol per serving or more than one milligram per package, including a hemp product, as defined in § 3.2-4112, or an industrial hemp extract, as defined in § 3.2-5145.1.
"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 (1) 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.
person registered pursuant to subsection A of § 3.2-4115 or his agent or (ii);
"Marijuana" does not include (i);
(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.
(2) 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);
(3) 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.
(4) 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;
(iv) 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 provisions of subdivision A 67 of § 59.1-200;
(5) an industrial hemp extract, as defined in § 3.2-5145.1, containing a tetrahydrocannabinol concentration of no greater than 0.3 percent and no more than 0.25 milligram of tetrahydrocannabinol per serving or more than one milligram per package at the time such industrial hemp extract is offered for sale at retail that is derived from industrial hemp, as defined in § 3.2-4112, grown, dealt, or processed in compliance with state or federal law;
or (v) any drug product containing tetrahydrocannabinol that is approved for marketing by the U.S.
or (6) any drug product containing tetrahydrocannabinol that is approved for marketing by the U.S.
"Marijuana concentrate" means marijuana that has undergone a process to concentrate one or more active cannabinoids, thereby increasing the product's potency.
S "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.
Resin from granular trichomes from a mar"Marijuana cultivation facility" means a facility licensed under this subtitle to cultivate,Nlabel, and package retail marijuana;
"Marijuana cultivation facility" means a facility licensed under this subtitle to cultivate, label, and package retail marijuana;
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, immatureAmarijuana plants, and marijuana seeds to marijuana wholesalers and retail marijuana stores;
to transfer possession of 26 of and sell retail marijuana, marijuana plants, and marijuana seeds to other marijuana cultivation facilities;
to transfer possession of and sell retail marijuana, marijuana plants, and marijuana seeds to other marijuana cultivatTon sell immature marijuana plants and marijuana seeds to consumers for the purpose of cultivatingilities;
to transfer possession of and sell retail marijuana to marijuana manufacturing faciEities;
and to marijuana at home for personal use.
and to sell immature marijuana plants and marijuana seeds to consumers for the purpose of cultivating marijuana at home for personal use.
E "Marijuana establishment" means a marijuana cultivation facility, a marijuana testing facility, a marijuana manufacturing facility, a marijuana wholesaler, or a retail marijuana store.
N "Marijuana establishment" means a marijuana cultivation facility, a marijuana testing faciliRy, a marijuana manufacturing facility, a marijuana wholesaler, or a retail marijuana store.
"Marijuana manufacturing facility" means a facility licensed under this subtitle to manufactSre, label, marijuana from a marijuana cultivation facility or another marijuana manufacturing facility;
and package retail marijuana and retail marijuana products;
and tol transfer possession of and sell retail marijuana and retail marijuana products to marijuana wholesalers, retail marijuana stores, or other marijuana manufacturing facilities.
to purchase or take possession of retaillabel, marijuana from a marijuana cultivation facility or another marijuana manufacturing facility;
B "Marijuana paraphernalia" means all equipment, products, and materials of any kind that are Sither designed for use or are intended for use in planting, propagating, cultivating, growing, harvesting, packaging, repackaging, storing, containing, concealing, ingesting, inhaling, or otherwise introducing into the human body marijuana.
and to transfer possession of and sell retail marijuana and retail marijuana products to marijuana wholesalers, retail marijuana stores, or other marijuana manufacturing facilities.
I "Marijuana products" means (i) products that are composed of marijuana and other ingredientsTand are intended for use or consumption, ointments, and tinctures or (ii) marijuana concentrate.
L "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 testing facility" means a facility licensed under this subtitle to develop, research, or test mar"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 froE 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 mar"Non-retail marijuana" means marijuana that is not cultivated, manufactured, or sold by a licensed marijuana establishment.
are intended for use or consumption, ointments, and tinctures or (ii) marijuana concentrate.nts and "Marijuana testing facility" means a facility licensed under this subtitle to develop, research, or test marijuana, marijuana products, and other substances.
"Non-retail marijuana products" means marijuana products that are not manufactured and sold by a licensed marijuana establishment.
"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 fro5 a marijuana cultivation facility, a marijuana manufacturing facility, or another marijuana wholes1ler 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.
S "Place or premises" means the real estate, together with any buildings or other improvements5thereon, testing of retail marijuana or retail marijuana products shall be performed, except that portion of anyr such building or other improvement actually and exclusively used as a private residence.
"Non-retail marijuana" means marijuana that is not cultivated, manufactured, or sold by a licensed mar"Non-retail marijuana products" means marijuana products that are not manufactured and sold by a licensed marijuana establishment.
4 "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.
"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.
SB591S4 4 of 30 "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.
"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 hig"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 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, retail marijuana products, immature marijuana plants, or marijuana seeds to consumers.sell retail "Sale" and "sell" includes soliciting or receiving an order for;
"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;
"Tetrahydrocannabinol" or "THC" means any naturally occurring or synthetic tetrahydrocannabinol, inc"Total tetrahydrocannabinol concentration" means the total available tetrahydrocannabinol derived from the molar sum of tetrahydrocannabinol and tetrahydrocannabinolic acid.
"Tetrahydrocannabinol" or "THC" means any naturally occurring or synthetic tetrahydrocannabinol, including its salts, isomers, or salts of isomers.
of 26 § 4.1-606.
"Total tetrahydrocannabinol concentration" means the total available tetrahydrocannabinol derived from the molar sum of tetrahydrocannabinol and tetrahydrocannabinolic acid.
§ 4.1-606.
Establish criteria by which to evaluate social equity license applicants, which shall be an applicant who has lived or been domiciled for at least 12 months in the Commonwealth and is either (i) an applicant with at least 66 percent ownership by a person or persons who have been convicted of or adjudicated delinquent for any misdemeanor violation of § 18.2-248.1, former § 18.2-250.1, or subsection A of § 18.2-265.3 as it relates to marijuana;
Establish criteria by which to evaluate social equity license applicants, which shall be an of 30 an applicant with at least 66 percent ownership by a person or persons who have been convicted of ori) 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;
(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 person or persons who have resided for at least three of the past five years in a jurisdiction that is a 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;
(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 of the last five years in a jurisdiction determined by the Board after utilizing census tract data made available by the United States a person or persons who graduated from a historically black college or university located in thehip by Commonwealth;
(iv) an applicant with at least 66 percent ownership by a person or persons who have resided for at least three of the last five years in a jurisdiction determined by the Board after utilizing census tract data made available by the United States Census Bureau to be economically distressed;
or (v) an applicant with at least 66 percent ownership by a person or persons who graduated from a historically black college or university located in the Commonwealth;
15.
E social equity applicants, (ii) what percentage of application or license fees are waived for a Nualifiedd social equity applicant, and (iii) a low-interest business loan program for qualified social equity applicants;
Establish standards and requirements for (i) any preference in the licensing process for qualified social equity applicants, (ii) what percentage of application or license fees are waived for a qualified social equity applicant, and (iii) a low-interest business loan program for qualified social equity applicants;
A 16.
of 26 16.
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, aTd dis17.
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, aEd discourage personal cultivation practices that create a nuisance, including a nuisance caused by odor;
Establish reasonable time, place, and manner restrictions on outdoor advertising of retailodor;
17.
marijuana or retail marijuana products, not inconsistent with the provisions of this chapter, so that such advertising displaces the illicit market and notifies the public of the location of marijuana establishments.
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, sR that such advertising displaces the illicit market and notifies the public of the location of marijuana establishments.
Such regulations shall be promulgated in accordance with § 4.1-1404;
Suc18.
18.
Establish restrictions on the number of licenses that a person may be granted to operate a marijuana establishment in single locality or region;
Establish restrictions on the number of licenses that a person may be granted to operateSa mar19.
and L 19.
Such regulatioEs 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;
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;
and D 20.
and are in the shape of a human, animal, vehicle, or fruit.uana and retail marijuana products that Tepict or C.
Prohibit the production and sale of retail marijuana and retail marijuana products that depict or are in the shape of a human, animal, vehicle, or fruit.
The Board may promulgate regulations that:
1.
I 1.
Limit the number of licenses issued by type or class to operate a marijuana establishment;
Limit the number of licenses issued by type or class to operate a marijuana establishmentT however, the number of licenses issued shall not exceed the following limits:
however, the number of licenses issued shall not exceed the following limits:
b.
U c.
Marijuana wholesalers, 25;
S c.
and 5 d.
and T d.
1 In determining the number of licenses issued pursuant to this subdivision, the Board shall nRt 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 and2.
E 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 and Consumer Services pursuant to Chapter 41.1 (§ 3.2-4112 et seq.) of Title 3.2.ioner of Agriculture 2.
3.
S 3.
Limit the allowable square footage of a retail marijuana store, which shall not exceed 1,500 square feet.
Limit the allowable square footage of a retail marijuana store, which shall not exceed 1,500 square fee4.
4.
marijuana cultivation facility license, marijuana manufacturing facility license, marijuana wholesaler license, or retail marijuana store license.
marijuana cultivation facility license, marijuana manufacturing facility li4ense, 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 meaD.
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.
Board regulations shall be uniform in their application, except those relating to hours of sale for licensees.
D.
Board regulations shall be uniform in their application, except those relating to hours of sale for SB591S4 6 of 30 licensees.
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 such regulations with any applicable regulations promulgated by the Board of Pharmacy that establishn 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.
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.
§ 4.1-1100.
Possession, etc., of marijuana and marijuana products by persons 21 years of age or older;
when lawful and when unlawful;
penalties.
A.
Except as otherwise provided in this subtitle and notwithstanding any other provision of law, a person 21 years of age or older may lawfully possess on his person or in any public place not more than one ounce of marijuana or an equivalent amount of marijuana product as determined by regulation promulgated by the Board.
B.
Any person who possesses on his person or in any public place marijuana or marijuana products in excess of the amounts set forth in subsection A is subject to a civil penalty of no more than $25.
The penalty for any violations of this section by an adult shall be prepayable according to the procedures in § 16.1-69.40:2.
C.
With the exception of a licensee in the course of his duties related to such licensee's marijuana establishment, any person who possesses on his person or in any public place (i) more than two ounces but not more than six ounces of marijuana or an equivalent amount of marijuana product as determined by regulation promulgated by the Board is guilty of a Class 2 misdemeanor, (ii) more than six ounces but not more than one pound of marijuana or an equivalent amount of marijuana product as determined by regulation promulgated by the Board is guilty of a Class 1 misdemeanor, and (iii) more than one pound of marijuana or an equivalent amount of marijuana product as determined by regulation promulgated by the Board is guilty of a felony punishable by a term of imprisonment of not less than one year nor more than 10 years and a fine of not more than $250,000, or both.
D.
The provisions of this section shall not apply to members of federal, state, county, city, or town law-enforcement agencies, jail officers, or correctional officers, as defined in § 53.1-1, certified as handlers of dogs trained in the detection of controlled substances when possession of marijuana is necessary for the performance of their duties.
the Chief Medical Examiner, the Assistant Chief Medical sheriff, or sergeant responsible for law enforcement in the jurisdiction served by him;
the Chief Medical Examiner, the Assistant Chief Medical Examiners, and local medical examiners;
any attorney for the Commonwealth;
any chief of police, sheriff, or sergeant responsible for law enforcement in the jurisdiction served by him;
the head of any private police department that has been designated as a criminal justice of 26 agency by the Department of Criminal Justice Services as defined by § 9.1-101;
the head of any private police department that has been designated as a criminal justice agency by the Department of Criminal Justice Services as defined by § 9.1-101;
Make and enter into all contracts and agreements necessary or incidental to the performance of its duties and execution of its powers under this chapter including, but not limited to, contracts with the United States, units of general local government or combinations thereof in Virginia or other states, and with agencies and departments of the Commonwealth;
Make and enter into all contracts and agreements necessary or incidental to the performance of its duties and execution of its powers under this chapter including, but not limited to, contracts with the of 30 with agencies and departments of the Commonwealth;
and 3.
andmbinations thereof in Virginia or other states, and 3.
Determine the proper methods for detecting the concentration of tetrahydrocannabinol (THC) in substances for the purposes of Chapter 11 (§ 4.1-1100 et seq.) of Title 4.1, Chapter 7 (§ 18.2-247 et seq.) of Title 18.2, and §§ 54.1-3401 and 54.1-3446.
Determine the proper methods for detecting the concentration of tetrahydrocannabinol (THC) in substances for the purposes of Chapter 11 (§ 4.1-1100 et seq.) of Title 4.1, Chapter 7 (§ 18.2-247 et post-decarboxylation testing or another equivalent method and shall consider the potential conversion of tetrahydrocannabinolic acid (THC-A) into THC.
The testing methodology shall use post-decarboxylation testing or another equivalent method and shall consider the potential conversion of tetrahydrocannabinolic acid (THC-A) into THC.
§ 18.2-247.
VI," "imitation controlled substance" and "counterfeit controlled substance" in Title 18.2., V, and A.
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.
The term When used in this article, "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 that is not a controlled substance subject to abuse, and:
The term When used in this article, "imitation controlled substance" when used in this article whatsoever which that is not a controlled substance subject to abuse, and:et, or substance in aNy form 1.
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 whichTthat it is all2.
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 that it is alleged to imitate;
or 2.
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.
In determining whether a pill, capsule, tablet, or substance in any other form whatsoeverS is an comparisons with accepted methods of marketing for legitimate nonprescription drugs for medicinalctors, 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 dSug and where and how it is sold to the public.
D.
"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 manufactuTer, processor, packer, or distributor other than the manufacturer, processor, packer, or distributor that did in fact so manufacture, process, pack, or distribute such drug.
The term "marijuana" when As used in this article:
U resin;
"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 that did in fact so manufacture, process, pack, or distribute such drug.
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" means (i) any part of a plant of the genus Cannabis, whether growing or not, its seeds or resin;
"Marijuana" does not include (i)Ethe 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.
and every compound, manufacture, salt, derivative, mixture, or preparation of such plant, its of 26 seeds, its resin, or any extract containing one or more cannabinoids or (ii) any substance containing (a) a total tetrahydrocannabinol concentration that exceeds 0.3 percent or (b) more than 0.25 milliEram of tetrahydrocannabinol per serving or more than one milligram per package, including a hemp product, as defined in § 3.2-4112, or an industrial hemp extract, as defined in § 3.2-5145.1.
Marijuana does not include (i);
"Marijuana" does not include (1) 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 possessed by a person registered pursuant to subsection A of § 3.2-4115 or his agent;
(ii) industrial hemp, as defined in § 3.2-4112, that is possessed by a defined in § 3.2-4112, that is possessed by a person who holds a hemp producer license issued by thes U.S.
(ii) (3) 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.
Part 990;
Part 990 or his agent;
or (iii) (4) 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 procesEed in compliance with state or federal law;
or (iii) (iv) 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, provided that the sale of such hemp product complies with5the that is approved for marketing by the U.S.
(5) an industrial hemp extract, as defined in § 3.2-5145.1, containing a tetrahydrocannabinol concentration of no greater than 0.3 percent and no more than 0.25 milligram of tetrahydrocannabinol per serving or more than one milligram per package at the time such industrial hemp extract is offered for sale at retail that is derived from industrial hemp, as defined in containing tetrahydrocannabinol that is approved for marketing by the U.S.
Food and Drug Administration and scheduled in the Druginol Control Act (§ 54.1-3400 et seq.) by the Board of Pharmacy pursuant to § 54.1-3443.
Food and Drugny drug product Administration and scheduled in the Drug Control Act (§ 54.1-3400 et seq.) by the Board of Pharmacy pursuant to § 54.1-3443.
4 "Tetrahydrocannabinol" or "THC" means any naturally occurring or synthetic tetrahydrocannabinol, including its salts, isomers, or salts of isomers.
"Tetrahydrocannabinol" or "THC" means any naturally occurring or synthetic tetrahydrocannabiSol, including its salts, isomers, or salts of isomers.
"Total tetrahydrocannabinol concentration" means the total available tetrahydrocannabinol derived from the molar sum of tetrahydrocannabinol and tetrahydrocannabinolic acid.
5 "Total tetrahydrocannabinol concentration" means the total available tetrahydrocannabinol de1ived from the molar sum of tetrahydrocannabinol and tetrahydrocannabinolic acid.
SB591S4 8 of 30 E.
R 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 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 distributor who did in fact so manufacture, process, pack or distribute such drug.ssor, packer, or F.
F.
No person shall be prosecuted under § 18.2-250 or § 18.2-250.1 for the possession of marijuana doctor in the course of his professional practice for treatment of cancer or glaucoma.ssued by a medical B.
No person shall be prosecuted under § 18.2-250 or § 18.2-250.1 for the possession of marijuana or tetrahydrocannabinol when that possession occurs pursuant to a valid prescription issued by a medical doctor in the course of his professional practice for treatment of cancer or glaucoma.
B.
(§ 18.2-247 et seq.) of Chapter 7 of Title 18.2, or subdivision 6 of § 53.1-203, any law-enforcementicle 1 officer shall be permitted to testify as to the results of field tests that have been approved by the Department of Forensic Science pursuant to regulations adopted in accordance with the Administrative Process Act (§ 2.2-4000 et seq.), regarding whether or not any substance the identity of which is at issue in such hearing is a controlled substance, imitation controlled substance, or marijuana, as defined in § 4.1-600 or 18.2-247.
A.
In any preliminary hearing on a violation 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 subdivision 6 of § 53.1-203, any law-enforcement officer shall be permitted to testify as to the results of field tests that have been approved by the Department of Forensic Science pursuant to regulations adopted in accordance with the Administrative Process Act (§ 2.2-4000 et seq.), regarding whether or not any substance the identity of which is at issue in such hearing is a controlled substance, imitation controlled substance, or marijuana, as defined in § 4.1-600 or 18.2-247.
In any trial for a violation of § 4.1-1105.1, any law-enforcement officer shall be permitted to testify as to the results of any marijuana field test approved as accurate and reliable by the Department of Forensic Science pursuant to regulations adopted in accordance with the Administrative Process Act (§ 2.2-4000 et seq.), regarding whether or not any plant material, the identity of which is at issue, is analysis.
In any trial for a violation of § 4.1-1105.1, any law-enforcement officer shall be permitted to testify as to the results of any marijuana field test approved as accurate and reliable by the Department of Forensic Science pursuant to regulations adopted in accordance with the Administrative Process Act (§ 2.2-4000 et seq.), regarding whether or not any plant material, the identity of which is at issue, is marijuana provided the defendant has been given written notice of his right to request a full chemical analysis.
Such notice shall be on a form approved by the Supreme Court and shall be provided to thecal defendant prior to trial.
Such notice shall be on a form approved by the Supreme Court and shall be provided to the defendant prior to trial.
of 26 In any case in which the person accused of a violation of § 4.1-1105.1, or the attorney of record for the accused, desires a full chemical analysis of the alleged plant material, he may, by motion prior to trial before the court in which the charge is pending, request such a chemical analysis.
In any case in which the person accused of a violation of § 4.1-1105.1, or the attorney of record for the accused, desires a full chemical analysis of the alleged plant material, he may, by motion prior to trial before the court in which the charge is pending, request such a chemical analysis.
"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.
of 30 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.
"Biosimilar" means a biological product that is highly similar to a specific reference biological 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.
"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;
"Bulk drug substance" means any substance that is represented for use, and that, when used in the finished dosage form of the drug;
(ii) the creation of a partnership by a sole proprietor, the dissolution of a partnership, or change in partnership composition;
(ii) the creation of a partnership by a sole proprietor, the dissolution of a of the outstanding shares of voting stock of a corporation owning the entity or of the parent cNrporatione 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 Aarket;
(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;
or (v) the expiration or forfeiture of a corporation's charter.
or (v) the expiration or forTeiture of a cor"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.
"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.
E "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 medScinal or expectation of receiving a valid prescription based on observed historical patterns of prescribing and dispensing;
"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;
or (iii) for the purpose of, or as incident to, research, teaching, or chemical analysis and not for sale or for dispensing.
or (iii) for the purpose of, or as incident to, research, Seaching, or chemical analysis and not for sale or for dispensing.
The mixing, diluting, or reconstituting of a of 26 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 persoE 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.
The mixing, diluting, or reconstituting of 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 subdivTsion A 4 of § 54.1-2901 shall not be considered compounding.
R "Controlled substance" means a drug, substance, or immediate precursor in Schedules I through VI of are defined or used in Title 3.2 or Title 4.1.
"Controlled substance" means a drug, substance, or immediate precursor in Schedules I through VI of are defined or used in Title 3.2 or Title 4.1.
The term "controlled substance" includes a controllede terms 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.
The term "controlled substance" includes a controllede terms substance analog that has been placed into Schedule I or II by the Board pursuant to the regulaEory 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) Ehich 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 on the central nervous system of a controlled substance in Schedule I or II.
"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 to or greater than the stimulant, depressant, or hallucinogenic effect on the central nervous system of aar 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 hallucinoSenic effect on the central nervous system of a controlled substance in Schedule I or II.
"Controlled substanceic effect 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.
"Controlled substa5ce 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, anS 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, an4 Cosmetic Act (21 U.S.C.
(b) with respect to a par5icular person, any substance for which an exemption is in effect for investigational use for that pers1n under § 505 of the federal Food, Drug, and Cosmetic Act to the extent that the conduct with respect tR that substance is pursuant to such exemption;
(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.
or (c) any substance to the extent not intended for human SB591S4 10 of 30 consumption before such an exemption takes effect with respect to that substance.
Department of Justice, or its successor age"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.
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.
by an organization approved by the Board of Health Professions pursuant to Chapter 27.01who is certified (§ 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 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.
"Dispense" means to deliver a drug to an ultimate user or research subject by or pursuant to the compounding necessary to prepare the substance for that delivery.
"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.
"Drug" means (i) articles or substances recognized in the official United States Pharmacopoeia any of them;
"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;
(iii) articles or substances, other than food, intended to affect of 26 the structure or any function of the body of 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;
"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.
"Manufacture" means the production, preparation, propagation, conversion, or processing of any item of 30 independently by means of chemical synthesis, or by a combination of extraction and chemicaltural origin, or synthesis, and includes any packaging or repackaging of the substance or labeling or relabeling of its container.
"Marijuana" means (i) any part of a plant of the genus Cannabis whether growing or not, its seeds, or its resin;
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 or (ii) any substance containing (a) a total tetrahydrocannabinol concentration that exceeds 0.3 percent or (b) more than 0.25 milligram of tetrahydrocannabinol per serving or more than one milligram per package, including a hemp product, as defined in § 3.2-4112, or an industrial hemp extract, as defined in § 3.2-5145.1.
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 (1) 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) 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.
(2) 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);
(ii) industrial hemp, as defined in § 3.2-4112, that is possessed by a defined in § 3.2-4112, that is possessed by a person who holds a hemp producer license issued by theas U.S.
(3) 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.
Part 990, or (iii);
Part 990, or (iii) or his agent;
(4) 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;
(iv) 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, provided that the sale of such hemp product complies with the that is approved for marketing by the U.S.
(5) an industrial hemp extract, as defined in § 3.2-5145.1, containing a tetrahydrocannabinol concentration of no greater than 0.3 percent and no more than 0.25 milligram of tetrahydrocannabinol per serving or more than one milligram per package at the time such industrial hemp extract is offered for sale at retail that is derived from industrial hemp, as defined in § 3.2-4112, grown, dealt, or processed in compliance with state or federal law;
Food and Drug Administration and scheduled in the DrNginol Control Act (§ 54.1-3400 et seq.) by the Board of Pharmacy pursuant to § 54.1-3443.
or (6) any drug product containing tetrahydrocannabinol that is approved for marketing by the U.S.
"Medical equipment supplier" means any person, as defined in § 1-230, engaged in the deliverA 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 substanTes with peritoneal dialysis, and sterile water or saline for irrigation.ning of medical equipment, solutions for "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:
Food and Drug Administration and scheduled in the Drug Control Act (§ 54.1-3400 et seq.) by the Board of Pharmacy 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 of 26 combination of extraction and chemical synthesis:
(ii) any salt, compound, isomer, derivative, or preparationEthereof which is chemically equivalent or identical with any of the substances referred to in clause (i), but not including the isoquinoline alkaloids of opium;
(ii) any salt, compound, isomer, derivative, or preparationSthereof including the isoquinoline alkaloids of opium;
(iv) coca leaves and any salt, compound, derivative, or preparation of coca leaves, and any salt, compound, isomer, R derivative, or preparation thereof which is chemically equivalent or identical with any of these cocaine or ecgonine.including decocainized coca leaves or extraction of coca leaves which do noO contain "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 theElabeling, 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 D 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 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.
(iv) coca leaves andnot any salt, compound, derivative, or preparation of coca leaves, and any salt, compound, isomer, U 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 noS contain cocaine or ecgonine.
"Nuclear medicine technologist" means an individual who holds a current certification with tSe American Registry of Radiological Technologists or the Nuclear Medicine Technology Certificatio5 Board.
new animal drug, the composition of which is such that such drug is not generally recognized, amonga 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 theTlabeling, 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 U of its use, or (ii) any drug, except a new animal drug or an animal feed bearing or containing a newns animal drug, the composition of which is such that such drug, as a result of investigations to Eetermine 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.
1 "Official compendium" means the official United States Pharmacopoeia National Formulary, offRcial Homeopathic Pharmacopoeia of the United States, or any supplement to any of them.
American Registry of Radiological Technologists or the Nuclear Medicine Technology Certificatione Board.
"Official written order" means an order written on a form provided for that purpose by the U.S.
"Official compendium" means the official United States Pharmacopoeia National Formulary, official Homeopathic Pharmacopoeia of the United States, or any supplement to any of them.
Drug Enforcement Administration, under any laws of the United States making provision therefor, if such an official form provided for that purpose by the Board of Pharmacy.ch order form is provided then on "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.
S "Official written order" means an order written on a form provided for that purpose by the U5S.
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).
Drug 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.
4 "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 SB591S4 12 of 30 (dextromethorphan).
"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"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.
"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.
"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 and the pharmacy's personnel as required by § 54.1-3432.charge" shall personally supervise the pharmacy "Poppy straw" means all parts, except the seeds, of the opium poppy, after mowing.
"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.
of mouth, telephone, telegraph, or other means of communication to a pharmacist by a duly licensedy word physician, dentist, veterinarian, or other practitioner authorized by law to prescribe and administer such of 26 drugs or medical supplies.
"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.
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.
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 of 30 the"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 total available tetrahydrocannabinol derived from the molar sum of tetrahydrocannabinol and tetrahydrocannabinolic acid.
"Total tetrahydrocannabinol concentration" means the total available tetrahydrocannabinol derived fro"USP-NF" means the current edition of the United States Pharmacopeia-National Formulary.
"USP-NF" means the current edition of the United States Pharmacopeia-National Formulary.
No person shall be subject to any state or local tax by reason of this definition.
No person shall be sub"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 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 parThe words "drugs" and "devices" as used in Chapter 33 (§ 54.1-3300 et seq.) and in this chapNer shall not include surgical or dental instruments, physical therapy equipment, X-ray apparatus, or glasses or lenses for the eyes.
"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.
A 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 differentTmeaning.
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.
As used in this section:
As used in this section:n for use of cannabis oil for treatment.
"Botanical cannabis" means cannabis that is composed wholly of usable cannabis from the same parts of 26 of the same chemovar of cannabis plant.
"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 Eil from industrial hemp extract acquired by a pharmaceutical processor pursuant to § 54.1-3442.6, or a dilution of the resin of the Cannabis plant that contains at least five milligrams of cannabidiol (CBD) or tetrahydrocannabinolic acid (THC-A) and no more than 10 milligrams of delta-9-tetrahydrocannabiRol tetrahydrocannabinol per dose.
"Cannabis oil" means any formulation of processed Cannabis plant extract, which may include oil from industrial hemp extract acquired by a pharmaceutical processor pursuant to § 54.1-3442.6, Sr a tetrahydrocannabinolic acid (THC-A) and no more than 10 milligrams of delta-9-tetrahydrocannabinol(CBD) or tetrahydrocannabinol per dose.
"Cannabis oil" does not include industrial hemp, as defined in acquired and formulated with cannabis plant extract by a pharmaceutical processor.
"Cannabis oil" does not include industrial hemp, as defined in U § 3.2-4112, that is grown, dealt, or processed in compliance with state or federal law, unless it has been acquired and formulated with cannabis plant extract by a pharmaceutical processor.
law, unless Ot has been "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.
S "Cannabis product" means a product that is (i) produced by a pharmaceutical processor, registered cannabis.Board, and compliant with testing requirements and (ii) composed of cannabis oil or boTanical "Designated caregiver facility" means any hospice or hospice facility licensed pursuant to I § 32.1-162.3, or home care organization as defined in § 32.1-162.7 that provides pharmaceuticalTservices 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 § 63.2-1701.ity licensed pursuant to § 63.2-1701, or adult day care center licensed pursuant toT "Practitioner" means a practitioner of medicine or osteopathy licensed by the Board of MedicEne, 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.
L "Designated caregiver facility" means any hospice or hospice facility licensed pursuant to E § 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 D 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 § 6"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 by such patient's parent or legal guardian, and registered with the Board pursuant to subsection G.esignated "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;
"Registered agent" means an individual designated by a patient who has been issued a writtenS certification, or, if such patient is a minor or an incapacitated adult as defined in § 18.2-365, designated by such patient's parent or legal guardian, and registered with the Board pursuant to subsectio1 G.
(ii) the mature stalks, fiber produced from the stalks, or any other compound, manufacture, salt, or derivative, mixture, or preparatiSn of the mature stalks;
"Usable cannabis" means any cannabis plant material, including seeds, but not (i) resin thatRhas 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;
use of cannabis products for treatment or to alleviate the symptoms of any diagnosed condition or for the disease determined by the practitioner to benefit from such use.
5 use of cannabis products for treatment or to alleviate the symptoms of any diagnosed condition or for the 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.
The practitioner shall use his4 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 a practitioner determines it is consistent with the standard of care to dispense botanical cannabis to a minor, the written certification shall SB591S4 14 of 30 specifically authorize such dispensing.
the Supreme Court developed in consultation with the Board of Medicine.
C.
Such written certificationry of 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.
The written certification shall be on a form provided by the Office of the Executive Secretary of the Supreme Court developed in consultation with the Board of Medicine.
Such written certification shall contain the name, address, and telephone number of the practitioner, the name and address of the patient issued the written certification, the date on which the written certification was made, and the signature or authentic electronic signature of the practitioner.
to properly evaluate or treat a patient's medical condition or otherwise violating the applicable standard of care for evaluating or treating medical conditions.
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.
No patient shall be required to physically dispensing facility under each written certification, provided that the pharmaceutical processor orannabis cannabis dispensing facility maintains an electronic copy of the written certification.
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.
of 26 G.
G.
1.
of 30 legitimate medical, scientific, or industrial channels;on of controlled substances into other than 2.
Maintenance of effective controls against diversion of controlled substances into other than legitimate medical, scientific, or industrial channels;
2.
Past experience in the manufacture or distribution of controlled substances, and the existence in the applicant's establishment of effective controls against diversion;
Past experience in the manufacture or distribution of controlled substances, and the existence in the5.
5.
B.
controlled substances in Schedule I or II other than those specified in the registration.stribute C.
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 registered under federal law to conduct research with Schedule I substances, other than tetrahydrocannabinol marijuana, may conduct research with Schedule I substances within this Commonwealth upon furnishing the evidence of that federal registration.
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 Commonwealth upon furnishing the E eviD.
D.
The Board may register other persons or entities to possess controlled substances listed Nn 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 usA 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 generTl veterinary medicine as specified in the Board's regulations.
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.
The Board shall consider, at a minimum, the of 26 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.
Notwithstanding the exceptions listed in § 54.1-3422 A, the Board may mandate a controlled subsEances 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 relatedSto supervision, and recordkeeping.e issuance of such controlled substances registration, storage, security, E.
The Board shall promulgate regulations related to requirements or criteria for the issuance of such controlled substances registration, storage, Recurity, supervision, and recordkeeping.
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 petsSand animals and to purchase, possess, and administer certain Schedule VI drugs and biological products for would result in transmission to the animal population in the shelter.
possess, and administer certain Schedule II through VI controlled substances approved by the Statese, 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 forontrol 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.
Controlled substances useE 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 listTof 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 the supervising veterinarian of the shelter and only by persons who have been trained in accordanced by with instructions established or approved by the supervising 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 the supervising veterinarian of the shelter and only by persons who have been trained in accordanced by with instructions established or approved by the supervising veterinarian.
The shelter shall maEntain 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.
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 oS the shelter.
and licensed by the Department of Behavioral Health and Developmental Services to maintain a stock of01 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.
5 F.
Schedule II through Schedule V controlled substSnces shall only be maintained if so authorized by federal law and Board regulations.
The Board may register a crisis stabilization unit established pursuant to § 37.2-500 or 17.2-601 and licensed by the Department of Behavioral Health and Developmental Services to maintain a stRck 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.
5 diagnostic equipment through which images and medical records may be transmitted electronically forand the purpose of establishing a bona fide practitioner-patient relationship and is prescribed Sch4dule 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.
Schedule II through Schedule V controlled substances shaG.
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.
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.
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 SB591S4 16 of 30 for such registration, and (iii) whether the issuance of the registration is consistent with the public interest.
on a form prescribed by the Board and such applications shall be accompanied by a fee in an amount tomade be determined by the Board.
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.
obtaining a permit from the Board.
A.
The application for such permit shall be made on a form providedfirst 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.
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 adopt regulations establishing health, safety, and security requirements for for (i) physical standards;
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;
(vi) labeling, including the potency of each botanical of 26 cannabis product and the amounts recommended by the practitioner or dispensing pharmacist, and packaging;
(vi) labeling, including the potency of each botanical cannabis product and the amounts recommended by the practitioner or dispensing pharmacist, and packaging;
Following remediation, all remediated cannabis oil shall be subject to laboratory testing and approved upon satisfaction of testing standards applied to cannabis oil generally.
Following remediation, all remediated cannabis oil shall be subject to laboratory testing and approved upon satisfaction of testing standards of 30 may be processed into cannabis oil, unless the failure is related to pesticide requirements, in which cased the batch shall not be considered usable cannabis and shall not be processed into cannabis oil.
If the batch fails retesting, it shall be considered usable cannabis and may be processed into cannabis oil, unless the failure is related to pesticide requirements, in which case the batch shall not be considered usable cannabis and shall not be processed into cannabis oil.
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.
A laboratory testing samples for a pharmaceutical processor shall obtain a controlled substances Board in regulation.cate pursuant to § 54.1-3423 and shall comply with quality standards established by the F.
F.
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.
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 conEvery 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.
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 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 Board shall require the material owners of an applicant for a pharmaceutical processor or information to be forwarded along with his fingerprints through the Central Criminal Records ExNhange 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 cost of fingerprinting and the criminal history Aecord 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.
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 governmTntal employees and delivery agents of the pharmaceutical processor.
A pharmaceutical processor shall maintain evidence of criminal background checks for all of 26 employees and delivery agents of the pharmaceutical processor.
Criminal background checks of all employees and delivery agents may be conducted by any service sufficient to disclose any federal and state criminal convictions.
Criminal background checks of employees and delivery agents may be conducted by any service sufficient to disclose any federaE and state criminal convictions.
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 dRties under the supervision of an individual who has received a degree in a field related to the cultivation of 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.
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 dSties 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 cSrtification as a pharmacy technician.
L I.
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.
A pharmaceutical processor to whom a permit has been issued by the Board may establish upEto 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 I dispensing facility shall be located within the same health service area as the pharmaceutical Trocessor.
Each cannabis D dispensing facility shall be located within the same health service area as the pharmaceutical processor.
No person who has been convicted of a felony under the laws of the Commonwealth or another processor or cannabis dispensing facility.all be employed by or act as an agent of a pharmaceutical K.
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 proK.
Every pharmaceutical processor or cannabis dispensing facility shall adopt policies for pre-employment drug screening and regular, ongoing, random drug screening of employees.
Every pharmaceutical processor or cannabis dispensing facility shall adopt policies for T pre-employment drug screening and regular, ongoing, random drug screening of employees.
L.
E L.
A pharmacist at the pharmaceutical processor's dispensing area and the cannabis dispensinS facility shall determine the number of pharmacy interns, pharmacy technicians, and pharmacy technician t5ainees who can be safely and competently supervised at one time;
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 supervis1 more than six persons performing the duties of a pharmacy technician at one time in the pharmaceuticRl processor's dispensing area or cannabis dispensing facility.
however, no pharmacist shall supervise more processor's dispensing area or cannabis dispensing facility.ian at one time in the pharmaceutical M.
M.
A allowable dosage of cannabis oil.
A pharmaceutical processor may process and formulate such extract with cannabis plant extract intS an allowable dosage of cannabis oil.
Industrial hemp extract acquired by a pharmaceutical processor is subject to the same third-party testing requirements that may apply to cannabis plant extract.
Industrial hemp extract acquired by a pharmaceutical processo5 is shall be performed by a laboratory located in Virginia and in compliance with state law.
Testing shall be performed by a laboratory located in Virginia and in compliance with state law.
The industrial hemp dealer or processor shall provide such third-party testing results to the pharmaceutical p4ocessor before industrial hemp extract may be acquired.
The industrial hemp dealer or processor shall provide such third-party testing results to the pharmaceutical processor before industrial hemp extract may be acquired.
Prior to adopting any regulation pursuant to this section, the Board of Pharmacy shall publish a notice of opportunity to comment in the Virginia opportunity to comment shall contain (i) a summary of the proposed regulation;
Prior to adopting any regulation pursuant to this SB591S4 18 of 30 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;
products only in person to (i) a patient who is a Virginia resident or temporarily resides in Virginia as made evident to the Board, has been issued a valid written certification, and is registered with the Board pursuant to § 54.1-3408.3;
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 as made evident to the Board, has been issued a valid written certification, and is registered with the Board pursuant to § 54.1-3408.3;
Prior to the initial dispensing of cannabis oil 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 current photo identification of the patient, registered agent, parent, or legal guardian;
Prior to the initial dispensing of cannabis oil 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;
and shall verify current board registration of the practitioner and the corresponding patient, registered agent, parent, or of 26 legal guardian.
shall view, in person or by audiovisual means, a current photo identification of the patient, registered agent, parent, or legal guardian;
and shall verify current board registration of the practitioner and the corresponding patient, registered agent, parent, or legal guardian.
1-methyl-4-phenyl-4-propionoxypiperidine (other name:
of 30 2-methoxy-N-phenyl-N-[1-(2-phenylethyl)-4-piperidinyl]-aceta(other name:
MPPP);
2-methoxy-N-phenyl-N-[1-(2-phenylethyl)-4-piperidinyl]-acetami(other name:
Acetylmethadol;
Allylprodine;l;
Allylprodine;
Benzethidine;
Betaprodine;
S Betaprodine;
Dextromoramide;
E Diampromide;de;
Diampromide;
N Diethylthiambutene;
Diethylthiambutene;
Dimenoxadol;
A Dimenoxadol;
of 26 Dimethylthiambutene;
T Dioxaphetylbutyrate;
Dioxaphetylbutyrate;
Dipipanone;
E Dipipanone;
E Ethylmethylthiambutene;
Ethylmethylthiambutene;
Etonitazene;
N Etonitazene;
Etoxeridine;
R Etoxeridine;
S Hydroxypethidine;
Hydroxypethidine;
Ketobemidone;
O Ketobemidone;
U Levomoramide;
L Levomoramide;
B Levophenacylmorphan;
Levophenacylmorphan;
S Morpheridine;
L Morpheridine;
E MT-45 (1-cyclohexyl-4-(1,2-diphenylethyl)piperazine);
alpha-methylthiofentanyl);enyl)ethyl]-4-piperidyl]-N-phenylpropanamide (other name:
T N-[1-[1-methyl-2-(2-thienyl)ethyl]-4-piperidyl]-N-phenylpropanamide (other name:
N-[1-(1-methyl-2-phenylethyl)-4-piperidyl]-N-phenylacetamide (other name:
alpha-methylthiofentanyl);
acetyl-alpha-methylfentanyl);
U acetyl-alpha-methylfentanyl);yl)-4-piperidyl]-N-phenylacetamide (other name:
N-{1-[2-hydroxy-2-(2-thienyl)ethyl]-4-piperidinyl}-N-phenylpropanamide (other name:
T N-{1-[2-hydroxy-2-(2-thienyl)ethyl]-4-piperidinyl}-N-phenylpropanamide (other name:
S beta-hydroxythiofentanyl);
E beta-hydroxythiofentanyl);
5 N-[1-(2-hydroxy-2-phenyl)ethyl-4-piperidyl]-N-phenylpropanamide (other name:
N-[1-(2-hydroxy-2-phenyl)ethyl-4-piperidyl]-N-phenylpropanamide (other name:
1 beta-hydroxyfentanyl);
beta-hydroxyfentanyl);
R N-[1-(alpha-methyl-beta-phenyl)ethyl-4-piperidyl]propionanilide (other names:
1-(1-methyl-2-phenylethyl)-4-(N-propanilido) piperidine, alpha-methylfentanyl);:
1-(1-methyl-2-phenylethyl)-4-(N-propanilido) piperidine, alpha-methylfentanyl);
2-fluorofentanyl, ortN-(3-fluorophenyl)-N-[1-(2-phenylethyl)-4-piperidinyl]-propanamide (other name:
2-fluorofentanyl, ortho-fluorofentanyl);
3-fluorofentanyl);
N-(3-fluorophenyl)-N-[1-(2-phenylethyl)-4-piperidinyl]-propanamide (other name:
3-fluorofentSnyl);
beta-hydroxy-3-methylfentanyl);
5 betN-[3-methyl-1-(2-phenylethyl)-4-piperidyl]-N-phenylpropanamide (other name:
N-[3-methyl-1-(2-phenylethyl)-4-piperidyl]-N-phenylpropanamide (other name:
3-methylthiofentanyl);
4 3-methylthiofentanyl);
parN-(4-fluorophenyl)-N-1-(2-phenylethyl)-4-piperidinyl]-propanamide (other name:
SB591S4 20 of 30 para-fluorobutyrylfentanyl);
N-(4-fluorophenyl)-N-1-(2-phenylethyl)-4-piperidinyl]-propanamide (other name:
N,N-diethyl-2-(2-(4-isopropoxybenzyl)-5-nitro-1H-benzimidazol-1-yl)ethan-1-(other name:
N,N-diethyl-2-(2-(4-isopropoxybenzyl)-5-nitro-1H-benzimidazol-1-yl)ethan-1-a(other name:
Norpipanone;
Properidine;;
Proheptazine;
Properidine;
of 26 Racemoramide;
Racemoramide;
N-phenyl-N-[1-(2-phenylethyl)-4-piperidinyl]-cyclopentanecarbox(other name:
N-phenyl-N-[1-(2-phenylethyl)-4-piperidinyl]-cyclopentanecarboxa(other name:
Heroin;
of 30 Hydromorphinol;
Hydromorphinol;
Morphine-N-Oxide;
Myrophine;-Oxide;
Myrophine;
Thebacon.
Alpha-ethyltryptamine (some trade or other names:
E 3-2-aminobutyl] indole;
a-ET;
AET);e or other names:
3-2-aminobutyl] indole;
N 4-Bromo-2,5-dimethoxyphenethylamine (some trade or other names:
a-ET;
AET);
4-Bromo-2,5-dimethoxyphenethylamine (some trade or other names:
3,4-methylenedioxy amphetamine;
A 3,4-methylenedioxy amphetamine;
of 26 5-methoxy-3,4-methylenedioxy amphetamine;
5-methoxy-3,4-methylenedioxy amphetamine;
3,4,5-trimethoxy amphetamine;
T Alpha-methyltryptamine (other name:
E Alpha-methyltryptamine (other name:
N Diethyltryptamine;
E Diethyltryptamine;
R Dimethyltryptamine;
Dimethyltryptamine;
2,5-dimethoxy-4-ethylamphetamine (DOET);
4-methyl-2,5-dimethoxyamphetamine;
O 4-fluoro-N-ethylamphetamine;
S 4-fluoro-N-ethylamphetamine;mine (DOET);
L 2,5-dimethoxy-4-(n)-propylthiophenethylamine (other name:
2,5-dimethoxy-4-(n)-propylthiophenethylamine (other name:
Ibogaine;
U Ibogaine;
L 5-methoxy-N,N-diisopropyltryptamine (other name:
B 5-methoxy-N,N-diisopropyltryptamine (other name:
E Lysergic acid diethylamide;
S Lysergic acid diethylamide;
Mescaline;
Parahexyl;
D Parahexyl (some trade or other names:
(some trade or other names:
3-Hexyl-1-hydroxy-7,8,9,10-tetrahydro-6,6,9-trimethyl-6H-dibenzo [b,d] pyran;
T 3-Hexyl-1-hydroxy-7,8,9,10-tetrahydro-6,6,9-trimethyl-6H-dibenzo [b,d] pyran;
N-ethyl-3-piperidyl benzilate;
I Peyote;
T N-ethyl-3-piperidyl benzilate;
Psilocybin;
U Psilocyn;n;
Psilocyn;
T Salvinorin A;
S Salvinorin A;
E 3-heptyl-1-hydroxy-6a,7,8,10a-tetrahydro-6,6,9-trimethyl-6H-dibenzo[b,d]pyran (other names:
5 3-heptyl-1-hydroxy-6a,7,8,10a-tetrahydro-6,6,9-trimethyl-6H-dibenzo[b,d]pyran (other names:
delta-9-Tetrahydrocannabiphorol, THCP, delta-9-THC-C7);
1 delta-9-Tetrahydrocannabiphorol, THCP, delta-9-THC-C7);
1-acetoxy-3-pentyl-6a,7,8,10a-tetrahydro-6,6,9-trimethyl-6H-dibenzo[b,d]pyran (other names:
R 1-acetoxy-3-pentyl-6a,7,8,10a-tetrahydro-6,6,9-trimethyl-6H-dibenzo[b,d]pyran (other names:
delTetrahydrocannabinols, 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;
delta-9-Tetrahydrocannabinol Acetate, THC-O-Acetate, THC-O);
(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, oS processed in compliance with state or federal law;
Tetrahydrocannabinols, except as present in (i) industrial hemp, as defined in § 3.2-4112, that is 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;
(iv) dronabinol in sesame oil and encapsulated in a soft gelatin capsule in a drug product approved by the U.S.
(iv) dronabinol in sesame oil and enc5psulated industrial hemp, as defined in § 3.2-4112, that is possessed by a person who holds a hemp producer(v) license issued 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.
2,5-dimethoxyamphetamine (some trade or other names:
4 2,5-dimethoxyamphetamine (some trade or other names:
3,4-methylenedioxymethamphetamine (MDMA), its optical, positional and geometric isomers, salts and3,4-methylenedioxy-N-ethylamphetamine (also known as N-ethyl-alpha-methyl-3,4 (methylenedioxy)phenethylamine, N-ethyl MDA, MDE, MDEA);
3,4-methylenedioxymethamphetamine (MDMA), its optical, positional and geometric isomers, salts and salts of isomers;
SB591S4 22 of 30 3,4-methylenedioxy-N-ethylamphetamine (also known as N-ethyl-alpha-methyl-3,4 (methylenedioxy)phenethylamine, N-ethyl MDA, MDE, MDEA);
N-ethyl-1-phenylcyclohexylamine, (1-Pyrrolidine 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:
Ethcathinone (other name:
4-methoxymethcathinone (other names:
N-ethylcathinone);one;
methedrone;
Ethcathinone (other name:
N-ethylcathinone);
of 26 Beta-keto-N-methyl-3,4-benzodioxolylbutanamine (other name:
Beta-keto-N-methyl-3,4-benzodioxolylbutanamine (other name:
3,4-methylenedioxy-N,N-dimethylcathinone (other names:
of 30 4-bromomethcathinone (other name:
4-BMC);(other names:
4-bromomethcathinone (other name:
4-BMC);
5-methoxy-N,N-methylisopropyltryptamine (other name:
5-MeO-MIPT);
4-Chloroethcathinone (other name:
4-CEC);
1-(1,3-benzodioxol-5-yl)-2-(dimethylamino)-1-pentan(other names:
S 1-(1,3-benzodioxol-5-yl)-2-(dimethylamino)-1-pentan(other names:
1-(4-methoxyphenyl)-2-(pyrrolidin-1-yl)octan-1-one (other name:
E 3,4-tetramethylene-alpha-pyrrolidinovalerophenone (other name:
4-methoxy-PV9);
TH-PVP);xy-PV9);
3,4-tetramethylene-alpha-pyrrolidinovalerophenone (other name:
N 4-allyloxy-3,5-dimethoxyphenethylamine (other name:
TH-PVP);
4-allyloxy-3,5-dimethoxyphenethylamine (other name:
of 26 4-chloro-alpha-methylamino-valerophenone (other name:
A 4-chloro-alpha-methylamino-valerophenone (other name:
E 4-fluoro-alpha-Pyrrolidinoheptiophenone (other name:
T 4-hydroxy-N,N-diisopropyltryptamine (other name:
4-fluoro-PV8);
4-OH-DIPT);o-PV8);
4-hydroxy-N,N-diisopropyltryptamine (other name:
4-methyl-alpha-ethylaminopentiophenone;
4-OH-DIPT);
E 4-methyl-alpha-Pyrrolidinohexiophenone (other name:
N 4-methyl-alpha-ethylaminopentiophenone;
R 4-methyl-alpha-Pyrrolidinohexiophenone (other name:
5-methoxy-N,N-dimethyltryptamine (other name:
5-MeO-DMT);
O 6-ethyl-6-nor-lysergic acid diethylamide (other name:
S 6-allyl-6-nor-lysergic acid diethylamide (other name:
ETH-LAD);
AL-LAD);;
L 6-allyl-6-nor-lysergic acid diethylamide (other name:
AL-LAD);
L 2-(methylamino)-2-phenyl-cyclohexanone (other name:
U 2-(methylamino)-2-phenyl-cyclohexanone (other name:
E 2-(ethylamino)-2-phenyl-cyclohexanone (other name:
B 2-(ethylamino)-2-phenyl-cyclohexanone (other name:
2-methyl-1-(4-(methylthio)phenyl)-2-morpholinopropiophenone (other name:
S 2-methyl-1-(4-(methylthio)phenyl)-2-morpholinopropiophenone (other name:
D Alpha-ethylaminohexanophenone (other name:
N-ethylhexedrone);
N-ethyl-1,2-diphenylethylamine (other name:
T 4-fluoro-alpha-pyrrolidinohexiophenone (other name:
Ephenidine);uoro-alpha-PHP);
4-fluoro-alpha-PHP);
2,5-dimethoxy-4-chloroamphetamine (other name:
I N-ethyl-1,2-diphenylethylamine (other name:
Ephenidine);
T 2,5-dimethoxy-4-chloroamphetamine (other name:
Alpha-pyrrolidinoisohexiophenone (other name:
U 1-[1-(3-hydroxyphenyl)cyclohexyl]piperidine (other name:
alpha-PiHP);
S 1-[1-(3-hydroxyphenyl)cyclohexyl]piperidine (other name:
5 4-acetyloxy-N,N-diallyltryptamine (other name:
T 4-acetyloxy-N,N-diallyltryptamine (other name:
1 4-hydroxy-N,N-methylisopropyltryptamine (other name:
E 4-hydroxy-N,N-methylisopropyltryptamine (other name:
R 3,4-Methylenedioxy-alpha-pyrrolidinohexanophenone (other name:
3,4-Methylenedioxy-alpha-pyrrolidinohexanophenone (other name:
1-(1,3-benzodioxol-5-yl)-2-(ethylamino)-1-butanone (other names:
1-(1,3-benzodioxol-5-yl)-2-(butylamino)-1-pentanone (other name:
Eutylone, bk-EBDB);
N-butylpentylone);;
N-benzyl-3,4-DMA);N-butylpentylone);
N-benzyl-3,4-DMA);
2-(ethylamino)-1-phenylheptan-1-one (other name:
S 2-(ethylamino)-1-phenylheptan-1-one (other name:
(2-ethylaminopropyl)benzofuran (other name:
5 4-ethyl-2,5-dimethoxy-N-[(2-hydroxyphenyl)methyl]-benzeneethanamine (other name:
EAPB);
4-ethyl-2,5-dimethoxy-N-[(2-hydroxyphenyl)methyl]-benzeneethanamine (other name:
2-fluoro-Deschloroketamine (other name:
1 2-fluoro-Deschloroketamine (other name:
4-hydroxy-N-ethyl-N-propyltryptamine (other name:
4 4-hydroxy-N-ethyl-N-propyltryptamine (other name:
N-Isobutyl Hexedrone, alp1-(4-methoxyphenyl)-N-methylpropan-2-amine (other names:
N-Isobutyl Hexedrone, alpha-isobutylaminohexanphenone);
para-Methoxymethamphetamine, PMMA);
1-(4-methoxyphenyl)-N-methylpropan-2-amine (other names:
para-Methoxymethamphetamine, SB591S4 24 of 30 PMMA);
Etizolam;m;
Clonazolam;
Etizolam;
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 cen2-(3-fluorophenyl)-3-methylmorpholine (other name:
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:
of 26 4,5-dihydro-5-phenyl-2-oxazolamine);
4,5-dihydro-5-phenyl-2-oxazolamine);
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-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 of 30 ext3-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;
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 adaN-(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.
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.
5-(1,1-Dimethylhexyl)-2-[3-hydroxycyclohexyl]-phenol (other name:
CP 47,497 C6 homolog);
1-butyl-3-(1-naphthoyl)indole (other name:
S 1-butyl-3-(1-naphthoyl)indole (other name:
1-hexyl-3-(naphthalen-1-oyl)indole (other name:
E 1-[2-(4-morpholinyl)ethyl]-3-(1-naphthoyl)indole (other name:
JWH-019);
1-[2-(4-morpholinyl)ethyl]-3-(1-naphthoyl)indole (other name:
(6aR,10aR)-9-(hydroxymethyl)-6,6-dimethyl-3-(2-methyloctan-2-yl)-6a,7,10,10a-tet of 26 rahydrobenzo[c]chromen-1-ol (other name:
N (6aR,10aR)-9-(hydroxymethyl)-6,6-dimethyl-3-(2-methyloctan-2-yl)-6a,7,10,10a-tet rahydrobenzo[c]chromen-1-ol (other name:
1-pentyl-3-(4-methoxy-1-naphthoyl)indole (other name:
A 1-pentyl-3-(4-methoxy-1-naphthoyl)indole (other name:
E 1-pentyl-3-(4-methyl-1-naphthoyl)indole (other name:
1-pentyl-3-(4-methyl-1-naphthoyl)indole (other name:
1-pentyl-3-(2-chlorophenylacetyl)indole (other name:
T 1-pentyl-3-(4-ethyl-1-naphthoyl)indole (other name:
JWH-203);
JWH-210);;
N 1-pentyl-3-(4-ethyl-1-naphthoyl)indole (other name:
1-pentyl-3-(4-chloro-1-naphthoyl)indole (other name:
JWH-210);
R 1-pentyl-3-(4-chloro-1-naphthoyl)indole (other name:
E 1-(5-fluoropentyl)-3-(2-iodobenzoyl)indole (other name:
AM-694);
O 1-(5-fluoropentyl)-3-(1-naphthoyl)indole (other name:
1-(5-fluoropentyl)-3-(1-naphthoyl)indole (other name:
L 1-[(N-methylpiperidin-2-yl)methyl]-3-(2-iodobenzoyl)indole (other name:
S Pravadolinel(4-methoxyphenyl)-[2-methyl-1-(2-(4-morpholinyl)ethyl)indoll]methanone (other name:
AM-2233);
Pravadoline (4-methoxyphenyl)-[2-methyl-1-(2-(4-morpholinyl)ethyl)indoll]methanone (other L name:
E 1-pentyl-3-(4-methoxybenzoyl)indole (other names:
U 1-pentyl-3-(4-methoxybenzoyl)indole (other names:
1-(2-cyclohexylethyl)-3-(2-methoxyphenylacetyl)indole (other names:
B 1-(2-cyclohexylethyl)-3-(2-methoxyphenylacetyl)indole (other names:
D 1-pentyl-3-(2,2,3,3-tetramethylcyclopropylmethanone)indole (other name:
S 1-pentyl-3-(2,2,3,3-tetramethylcyclopropylmethanone)indole (other name:
1-(5-fluoropentyl)-3-(2,2,3,3-tetramethylcyclopropylmethanone)indole (other names:
5-fluoro-UR-144);tyl)-3-(2,2,3,3-tetramethylcyclopropylmethanone)indole (other names:
XLR-11, 5-fN-adamantyl-1-fluoropentylindole-3-carboxamide (other name:
XLR-11, T N-adamantyl-1-fluoropentylindole-3-carboxamide (other name:
N-adamantyl-1-pentylindazole-3-carboxamide (other names:
I N-adamantyl-1-pentylindazole-3-carboxamide (other names:
View plain text versions (6)

Action History

  1. Left in Rehabilitation and Social Services

  2. Rereferred to Rehabilitation and Social Services

  3. Amendments specific and severable (0-Y 40-N)

  4. Reconsideration of Passed by for the day agreed to (40-Y 0-N)

  5. Chair votes yes

  6. Passed by for the day (20-Y 20-N)

  7. Passed by temporarily

  8. Governor's substitute printed 22108127D-S4

  9. Governor's recommendation received by Senate

  10. Impact statement from DPB (SB591ER)

  11. Governor's Action Deadline 11:59 p.m., April 11, 2022

  12. Enrolled Bill Communicated to Governor on March 22, 2022

  13. Signed by Speaker

  14. Signed by President

  15. Enrolled

  16. House amendment agreed to by Senate (33-Y 7-N)

  17. Reconsideration of House amendment agreed to by Senate (40-Y 0-N)

  18. House amendment agreed to by Senate (30-Y 10-N)

  19. VOTE: Passage (89-Y 7-N)

  20. Passed House with amendments (89-Y 7-N)

  21. Engrossed by House as amended

  22. Amendments by Delegate Leftwich agreed to

  23. Substitute by Delegate Freitas withdrawn 22107326D-H1

  24. Passed by temporarily

  25. Read third time

  26. House committee, floor amendments and substitutes offered

  27. Impact statement from DPB (SB591H1)

  28. Passed by for the day

  29. Passed by for the day

  30. Passed by for the day

  31. Passed by for the day

  32. Passed by for the day

  33. Floor substitute printed 22107326D-H1 (Freitas)

  34. Passed by for the day

  35. Read second time

  36. Reported from General Laws (21-Y 1-N)

  37. Subcommittee recommends reporting (8-Y 0-N)

  38. Assigned GL sub: Subcommittee #5

  39. Referred to Committee on General Laws

  40. Read first time

  41. Placed on Calendar

  42. Impact statement from DPB (SB591S3)

  43. Read third time and passed Senate (40-Y 0-N)

  44. Engrossed by Senate - committee substitute SB591S3

  45. Committee substitute agreed to 22106520D-S3

  46. Reading of substitute waived

  47. Committee substitute rejected 22106399D-S2

  48. Committee substitute rejected 22105974D-S1

  49. Read second time

  50. Constitutional reading dispensed (40-Y 0-N)

  51. Impact statement from VCSC (SB591S2)

  52. Impact statement from DPB (SB591S2)

  53. Committee substitute printed 22106520D-S3

  54. Reported from Finance and Appropriations with substitute (15-Y 0-N)

  55. Senate committee, floor amendments and substitutes offered

  56. Impact statement from VCSC (SB591S1)

  57. Rereferred to Finance and Appropriations

  58. Committee substitute printed 22106399D-S2

  59. Reported from Judiciary with substitute (14-Y 0-N)

  60. Senate committee, floor amendments and substitutes offered

  61. Impact statement from DPB (SB591S1)

  62. Rereferred to Judiciary

  63. Committee substitute printed 22105974D-S1

  64. Reported from Rehabilitation and Social Services with substitute (12-Y 0-N 3-A)

  65. Senate committee, floor amendments and substitutes offered

  66. Senate subcommittee amendments and substitutes offered

  67. Assigned Rehab sub: Cannabis

  68. Referred to Committee on Rehabilitation and Social Services

  69. Prefiled and ordered printed; offered 01/12/22 22101413D

Sponsors

Sponsorship breakdown

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1 sponsors · 1 co-sponsors · 146 not signed on · 41 voted No

Sponsors (1)

Co-sponsors (1)

Not signed on (146)

146 members have not signed on to this bill.

Show all 146 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Passed 40 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 40000
Total 40000
% of votes cast 100%0%0%0%
How each member voted (40)
Member Party Vote
McClellan, Jennifer L. — Yea
Morrissey, Joseph D. — Yea
Spruill, Lionell, Sr. — Yea
Barbara A. Favola — Yea
Barker, George L. — Yea
Bell, John J. — Yea
Bill DeSteph — Yea
Bryce E. Reeves — Yea
Chase, Amanda F. — Yea
Cosgrove, John A., Jr. — Yea
David R. Suetterlein — Yea
David W. Marsden — Yea
Dunnavant, Siobhan S. — Yea
Ebbin, Adam P. — Yea
Edwards, John S. — Yea
Hanger, Emmett W., Jr. — Yea
Hashmi, Ghazala F. — Yea
Howell, Janet D. — Yea
Jennifer B. Boysko — Yea
Jeremy S. McPike — Yea
Kiggans, Jennifer A. — Yea
L. Louise Lucas — Yea
Lewis, Lynwood W., Jr. — Yea
Mamie E. Locke — Yea
Mark D. Obenshain — Yea
Mark J. Peake — Yea
Mason, T. Montgomery "Monty" — Yea
Newman, Stephen D. — Yea
Norment, Thomas K., Jr. — Yea
Petersen, J. Chapman — Yea
R. Creigh Deeds — Yea
Richard H. Stuart — Yea
Ruff, Frank M., Jr. — Yea
Ryan T. McDougle — Yea
Saslaw, Richard L. — Yea
Scott A. Surovell — Yea
T. Travis Hackworth — Yea
Todd E. Pillion — Yea
Vogel, Jill Holtzman — Yea
William M. Stanley, Jr. — Yea

Official roll call →

Failed 20 Yea · 20 Nay
Party YeaNayPresentNot Voting
Unaffiliated 202000
Total 202000
% of votes cast 50%50%0%0%
How each member voted (40)
Member Party Vote
McClellan, Jennifer L. — Yea
Morrissey, Joseph D. — Yea
Spruill, Lionell, Sr. — Yea
Barbara A. Favola — Yea
Barker, George L. — Yea
Bell, John J. — Yea
Bill DeSteph — Nay
Bryce E. Reeves — Nay
Chase, Amanda F. — Nay
Cosgrove, John A., Jr. — Nay
David R. Suetterlein — Nay
David W. Marsden — Yea
Dunnavant, Siobhan S. — Nay
Ebbin, Adam P. — Yea
Edwards, John S. — Yea
Hanger, Emmett W., Jr. — Yea
Hashmi, Ghazala F. — Yea
Howell, Janet D. — Yea
Jennifer B. Boysko — Yea
Jeremy S. McPike — Nay
Kiggans, Jennifer A. — Nay
L. Louise Lucas — Yea
Lewis, Lynwood W., Jr. — Yea
Mamie E. Locke — Yea
Mark D. Obenshain — Nay
Mark J. Peake — Nay
Mason, T. Montgomery "Monty" — Nay
Newman, Stephen D. — Nay
Norment, Thomas K., Jr. — Nay
Petersen, J. Chapman — Yea
R. Creigh Deeds — Yea
Richard H. Stuart — Nay
Ruff, Frank M., Jr. — Nay
Ryan T. McDougle — Nay
Saslaw, Richard L. — Yea
Scott A. Surovell — Yea
T. Travis Hackworth — Nay
Todd E. Pillion — Nay
Vogel, Jill Holtzman — Nay
William M. Stanley, Jr. — Nay

Official roll call →

Failed 0 Yea · 40 Nay
Party YeaNayPresentNot Voting
Unaffiliated 04000
Total 04000
% of votes cast 0%100%0%0%
How each member voted (40)
Member Party Vote
McClellan, Jennifer L. — Nay
Morrissey, Joseph D. — Nay
Spruill, Lionell, Sr. — Nay
Barbara A. Favola — Nay
Barker, George L. — Nay
Bell, John J. — Nay
Bill DeSteph — Nay
Bryce E. Reeves — Nay
Chase, Amanda F. — Nay
Cosgrove, John A., Jr. — Nay
David R. Suetterlein — Nay
David W. Marsden — Nay
Dunnavant, Siobhan S. — Nay
Ebbin, Adam P. — Nay
Edwards, John S. — Nay
Hanger, Emmett W., Jr. — Nay
Hashmi, Ghazala F. — Nay
Howell, Janet D. — Nay
Jennifer B. Boysko — Nay
Jeremy S. McPike — Nay
Kiggans, Jennifer A. — Nay
L. Louise Lucas — Nay
Lewis, Lynwood W., Jr. — Nay
Mamie E. Locke — Nay
Mark D. Obenshain — Nay
Mark J. Peake — Nay
Mason, T. Montgomery "Monty" — Nay
Newman, Stephen D. — Nay
Norment, Thomas K., Jr. — Nay
Petersen, J. Chapman — Nay
R. Creigh Deeds — Nay
Richard H. Stuart — Nay
Ruff, Frank M., Jr. — Nay
Ryan T. McDougle — Nay
Saslaw, Richard L. — Nay
Scott A. Surovell — Nay
T. Travis Hackworth — Nay
Todd E. Pillion — Nay
Vogel, Jill Holtzman — Nay
William M. Stanley, Jr. — Nay

Official roll call →

Passed 30 Yea · 10 Nay
Party YeaNayPresentNot Voting
Unaffiliated 301000
Total 301000
% of votes cast 75%25%0%0%
How each member voted (40)
Member Party Vote
McClellan, Jennifer L. — Yea
Morrissey, Joseph D. — Yea
Spruill, Lionell, Sr. — Yea
Barbara A. Favola — Yea
Barker, George L. — Yea
Bell, John J. — Yea
Bill DeSteph — Nay
Bryce E. Reeves — Nay
Chase, Amanda F. — Nay
Cosgrove, John A., Jr. — Yea
David R. Suetterlein — Nay
David W. Marsden — Yea
Dunnavant, Siobhan S. — Yea
Ebbin, Adam P. — Yea
Edwards, John S. — Yea
Hanger, Emmett W., Jr. — Yea
Hashmi, Ghazala F. — Yea
Howell, Janet D. — Yea
Jennifer B. Boysko — Yea
Jeremy S. McPike — Nay
Kiggans, Jennifer A. — Nay
L. Louise Lucas — Yea
Lewis, Lynwood W., Jr. — Yea
Mamie E. Locke — Yea
Mark D. Obenshain — Yea
Mark J. Peake — Nay
Mason, T. Montgomery "Monty" — Yea
Newman, Stephen D. — Nay
Norment, Thomas K., Jr. — Nay
Petersen, J. Chapman — Yea
R. Creigh Deeds — Yea
Richard H. Stuart — Yea
Ruff, Frank M., Jr. — Yea
Ryan T. McDougle — Yea
Saslaw, Richard L. — Yea
Scott A. Surovell — Yea
T. Travis Hackworth — Nay
Todd E. Pillion — Yea
Vogel, Jill Holtzman — Yea
William M. Stanley, Jr. — Yea

Official roll call →

Passed 40 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 40000
Total 40000
% of votes cast 100%0%0%0%
How each member voted (40)
Member Party Vote
McClellan, Jennifer L. — Yea
Morrissey, Joseph D. — Yea
Spruill, Lionell, Sr. — Yea
Barbara A. Favola — Yea
Barker, George L. — Yea
Bell, John J. — Yea
Bill DeSteph — Yea
Bryce E. Reeves — Yea
Chase, Amanda F. — Yea
Cosgrove, John A., Jr. — Yea
David R. Suetterlein — Yea
David W. Marsden — Yea
Dunnavant, Siobhan S. — Yea
Ebbin, Adam P. — Yea
Edwards, John S. — Yea
Hanger, Emmett W., Jr. — Yea
Hashmi, Ghazala F. — Yea
Howell, Janet D. — Yea
Jennifer B. Boysko — Yea
Jeremy S. McPike — Yea
Kiggans, Jennifer A. — Yea
L. Louise Lucas — Yea
Lewis, Lynwood W., Jr. — Yea
Mamie E. Locke — Yea
Mark D. Obenshain — Yea
Mark J. Peake — Yea
Mason, T. Montgomery "Monty" — Yea
Newman, Stephen D. — Yea
Norment, Thomas K., Jr. — Yea
Petersen, J. Chapman — Yea
R. Creigh Deeds — Yea
Richard H. Stuart — Yea
Ruff, Frank M., Jr. — Yea
Ryan T. McDougle — Yea
Saslaw, Richard L. — Yea
Scott A. Surovell — Yea
T. Travis Hackworth — Yea
Todd E. Pillion — Yea
Vogel, Jill Holtzman — Yea
William M. Stanley, Jr. — Yea

Official roll call →

Passed 33 Yea · 7 Nay
Party YeaNayPresentNot Voting
Unaffiliated 33700
Total 33700
% of votes cast 83%18%0%0%
How each member voted (40)
Member Party Vote
McClellan, Jennifer L. — Yea
Morrissey, Joseph D. — Yea
Spruill, Lionell, Sr. — Yea
Barbara A. Favola — Yea
Barker, George L. — Yea
Bell, John J. — Yea
Bill DeSteph — Nay
Bryce E. Reeves — Nay
Chase, Amanda F. — Yea
Cosgrove, John A., Jr. — Yea
David R. Suetterlein — Yea
David W. Marsden — Yea
Dunnavant, Siobhan S. — Yea
Ebbin, Adam P. — Yea
Edwards, John S. — Yea
Hanger, Emmett W., Jr. — Yea
Hashmi, Ghazala F. — Yea
Howell, Janet D. — Yea
Jennifer B. Boysko — Yea
Jeremy S. McPike — Nay
Kiggans, Jennifer A. — Nay
L. Louise Lucas — Nay
Lewis, Lynwood W., Jr. — Yea
Mamie E. Locke — Nay
Mark D. Obenshain — Yea
Mark J. Peake — Nay
Mason, T. Montgomery "Monty" — Yea
Newman, Stephen D. — Yea
Norment, Thomas K., Jr. — Yea
Petersen, J. Chapman — Yea
R. Creigh Deeds — Yea
Richard H. Stuart — Yea
Ruff, Frank M., Jr. — Yea
Ryan T. McDougle — Yea
Saslaw, Richard L. — Yea
Scott A. Surovell — Yea
T. Travis Hackworth — Yea
Todd E. Pillion — Yea
Vogel, Jill Holtzman — Yea
William M. Stanley, Jr. — Yea

Official roll call →

VOTE: Passage (89-Y 7-N)

Passed 88 Yea · 7 Nay · 4 Other
Party YeaNayPresentNot Voting
Unaffiliated 88704
Total 88704
% of votes cast 89%7%0%4%
How each member voted (99)
Member Party Vote
Greenhalgh, Karen S. — Not Voting
March, Marie E. — Nay
Adams, Dawn M. — Yea
Adams, Les R. — Yea
Alfonso H. Lopez — Yea
Angelia Williams Graves — Yea
Anne Ferrell Tata — Yea
Avoli, G. "John" — Yea
Batten, Amanda E. — Yea
Bell, Robert B. — Yea
Betsy B. Carr — Yea
Bill Wiley — Yea
Bourne, Jeffrey M. — Yea
Briana D. Sewell — Yea
Bulova, David L. — Yea
Byron, Kathy J. — Yea
C.E. Cliff Hayes, Jr. — Yea
Campbell, Jeffrey L. — Yea
Campbell, Ronnie R. — Yea
Charniele L. Herring — Yea
Chris S. Runion — Yea
Christopher T. Head — Yea
Convirs-Fowler, Kelly K. — Yea
Cordoza, A.C. — Nay
Coyner, Carrie E. — Yea
Dan I. Helmer — Yea
Danica A. Roem — Yea
David A. Reid — Yea
Davis, Glenn R. — Yea
Delores L. McQuinn — Yea
Don Scott — Yea
Edmunds, James E., II — Nay
Elizabeth B. Bennett-Parker — Yea
Emily M. Jordan — Yea
Fariss, C. Matthew — Yea
Filler-Corn, Eileen — Yea
Fowler, Hyland F."Buddy," Jr. — Yea
Freitas, Nicholas J. — Nay
Gooditis, Wendy W. — Yea
Guzman, Elizabeth R. — Yea
H. Otto Wachsmann, Jr. — Yea
Hudson, Sally L. — Yea
Irene Shin — Yea
Israel D. O'Quinn — Yea
Jackie H. Glass — Yea
James A. "Jay" Leftwich — Yea
James W. Morefield — Not Voting
Jason S. Ballard — Nay
Jeion A. Ward — Yea
Jenkins, Clinton L. — Yea
Jessica L. Anderson — Yea
Joseph P. McNamara — Yea
Karrie K. Delaney — Yea
Kathy K.L. Tran — Yea
Keam, Mark L. — Yea
Knight, Barry D. — Yea
Kory, Kaye — Yea
LaRock, Dave A. — Yea
Lamont Bagby — Yea
Luke E. Torian — Yea
M. Keith Hodges — Yea
Maldonado, Michelle Lopes — Yea
Marcia S. "Cia" Price — Yea
Marcus B. Simon — Yea
Marshall, Daniel W., III — Yea
McGuire, John J., III — Yea
Michael J. Webert — Yea
Mike A. Cherry — Yea
Mullin, Michael P. — Not Voting
Mundon King, Candi — Yea
Murphy, Kathleen — Yea
Nadarius E. Clark — Yea
Orrock, Robert D., Sr. — Yea
Patrick A. Hope — Yea
Paul E. Krizek — Yea
Phillip A. Scott — Not Voting
Plum, Kenneth R. — Yea
R. Lee Ware — Yea
Ransone, Margaret B. — Yea
Richard C. "Rip" Sullivan, Jr. — Yea
Robert S. Bloxom, Jr. — Yea
Robinson, Roxann L. — Yea
Rodney T. Willett — Yea
Sam Rasoul — Yea
Schuyler T. VanValkenburg — Yea
Scott A. Wyatt — Yea
Shelly A. Simonds — Yea
Sickles, Mark D. — Yea
Subramanyam, Suhas — Yea
Tara A. Durant — Yea
Taylor, Kim A. — Yea
Terry G. Kilgore — Yea
Terry L. Austin — Yea
Thomas C. Wright, Jr. — Nay
Tony O. Wilt — Yea
Vivian E. Watts — Yea
Wampler, William C., III — Nay
Wendell S. Walker — Yea
Wren M. Williams — Yea

Official roll call →

Passed 21 Yea · 1 Nay
Party YeaNayPresentNot Voting
Unaffiliated 21100
Total 21100
% of votes cast 95%5%0%0%
How each member voted (22)

Official roll call →

Passed 40 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 40000
Total 40000
% of votes cast 100%0%0%0%
How each member voted (40)
Member Party Vote
McClellan, Jennifer L. — Yea
Morrissey, Joseph D. — Yea
Spruill, Lionell, Sr. — Yea
Barbara A. Favola — Yea
Barker, George L. — Yea
Bell, John J. — Yea
Bill DeSteph — Yea
Bryce E. Reeves — Yea
Chase, Amanda F. — Yea
Cosgrove, John A., Jr. — Yea
David R. Suetterlein — Yea
David W. Marsden — Yea
Dunnavant, Siobhan S. — Yea
Ebbin, Adam P. — Yea
Edwards, John S. — Yea
Hanger, Emmett W., Jr. — Yea
Hashmi, Ghazala F. — Yea
Howell, Janet D. — Yea
Jennifer B. Boysko — Yea
Jeremy S. McPike — Yea
Kiggans, Jennifer A. — Yea
L. Louise Lucas — Yea
Lewis, Lynwood W., Jr. — Yea
Mamie E. Locke — Yea
Mark D. Obenshain — Yea
Mark J. Peake — Yea
Mason, T. Montgomery "Monty" — Yea
Newman, Stephen D. — Yea
Norment, Thomas K., Jr. — Yea
Petersen, J. Chapman — Yea
R. Creigh Deeds — Yea
Richard H. Stuart — Yea
Ruff, Frank M., Jr. — Yea
Ryan T. McDougle — Yea
Saslaw, Richard L. — Yea
Scott A. Surovell — Yea
T. Travis Hackworth — Yea
Todd E. Pillion — Yea
Vogel, Jill Holtzman — Yea
William M. Stanley, Jr. — Yea

Official roll call →

Passed 40 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 40000
Total 40000
% of votes cast 100%0%0%0%
How each member voted (40)
Member Party Vote
McClellan, Jennifer L. — Yea
Morrissey, Joseph D. — Yea
Spruill, Lionell, Sr. — Yea
Barbara A. Favola — Yea
Barker, George L. — Yea
Bell, John J. — Yea
Bill DeSteph — Yea
Bryce E. Reeves — Yea
Chase, Amanda F. — Yea
Cosgrove, John A., Jr. — Yea
David R. Suetterlein — Yea
David W. Marsden — Yea
Dunnavant, Siobhan S. — Yea
Ebbin, Adam P. — Yea
Edwards, John S. — Yea
Hanger, Emmett W., Jr. — Yea
Hashmi, Ghazala F. — Yea
Howell, Janet D. — Yea
Jennifer B. Boysko — Yea
Jeremy S. McPike — Yea
Kiggans, Jennifer A. — Yea
L. Louise Lucas — Yea
Lewis, Lynwood W., Jr. — Yea
Mamie E. Locke — Yea
Mark D. Obenshain — Yea
Mark J. Peake — Yea
Mason, T. Montgomery "Monty" — Yea
Newman, Stephen D. — Yea
Norment, Thomas K., Jr. — Yea
Petersen, J. Chapman — Yea
R. Creigh Deeds — Yea
Richard H. Stuart — Yea
Ruff, Frank M., Jr. — Yea
Ryan T. McDougle — Yea
Saslaw, Richard L. — Yea
Scott A. Surovell — Yea
T. Travis Hackworth — Yea
Todd E. Pillion — Yea
Vogel, Jill Holtzman — Yea
William M. Stanley, Jr. — Yea

Official roll call →

Passed 15 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 15000
Total 15000
% of votes cast 100%0%0%0%
How each member voted (15)
Member Party Vote
McClellan, Jennifer L. — Yea
Barker, George L. — Yea
David W. Marsden — Yea
Ebbin, Adam P. — Yea
Edwards, John S. — Yea
Hanger, Emmett W., Jr. — Yea
Howell, Janet D. — Yea
L. Louise Lucas — Yea
Mamie E. Locke — Yea
Newman, Stephen D. — Yea
Petersen, J. Chapman — Yea
R. Creigh Deeds — Yea
Ruff, Frank M., Jr. — Yea
Saslaw, Richard L. — Yea
Vogel, Jill Holtzman — Yea

Official roll call →

Passed 14 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 14000
Total 14000
% of votes cast 100%0%0%0%
How each member voted (14)
Member Party Vote
McClellan, Jennifer L. — Yea
Morrissey, Joseph D. — Yea
Edwards, John S. — Yea
Jennifer B. Boysko — Yea
L. Louise Lucas — Yea
Mark J. Peake — Yea
Norment, Thomas K., Jr. — Yea
Petersen, J. Chapman — Yea
R. Creigh Deeds — Yea
Richard H. Stuart — Yea
Ryan T. McDougle — Yea
Saslaw, Richard L. — Yea
Scott A. Surovell — Yea
William M. Stanley, Jr. — Yea

Official roll call →

Passed 12 Yea · 0 Nay · 3 Other
Party YeaNayPresentNot Voting
Unaffiliated 12003
Total 12003
% of votes cast 80%0%0%20%
How each member voted (15)
Member Party Vote
Spruill, Lionell, Sr. — Yea
Morrissey, Joseph D. — Yea
Barbara A. Favola — Yea
Bill DeSteph — Not Voting
Bryce E. Reeves — Not Voting
Cosgrove, John A., Jr. — Not Voting
Hanger, Emmett W., Jr. — Yea
Jennifer B. Boysko — Yea
Jeremy S. McPike — Yea
Kiggans, Jennifer A. — Yea
Mamie E. Locke — Yea
Mason, T. Montgomery "Monty" — Yea
Ryan T. McDougle — Yea
Scott A. Surovell — Yea
Todd E. Pillion — Yea

Official roll call →

Subjects

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Frequently asked questions

What does SB 591 do?
Marijuana; shape prohibitions; definitions of marijuana and tetrahydrocannabinol. Modifies the definition of "marijuana" in several Code sections to (i) include any substance containing a total tetrahydrocannabinol concentration that exceeds 0.3 percent or more than 0.25 milligram of tetrahydrocannabinol per serving or more than one milligram per package and (ii) exclude industrial hemp that is possessed by a person who holds a hemp producer license issued by the U.S. Department of Agriculture or his agent; an industrial hemp extract that contains a tetrahydrocannabinol concentration of no greater than 0.3 percent and no more than 0.25 milligram of tetrahydrocannabinol per serving or more than one milligram per package at the time such industrial hemp extract is offered for retail sale and is derived from industrial hemp grown, dealt, or processed in compliance with state or federal law; and any drug product containing tetrahydrocannabinol that is approved for marketing by the U.S. Food and Drug Administration and scheduled in the Drug Control Act by the Board of Pharmacy. The bill defines "tetrahydrocannabinol" to include any naturally occurring or synthetic tetrahydrocannabinol, including its salts, isomers, or salts of isomers. The bill removes references in the Code to delta-9 tetrahydrocannabinol and amends numerous sections to accommodate for the definitional changes described above. The bill requires the Board of Directors of the Virginia Cannabis Control Authority to promulgate regulations that prohibit the production and sale of retail marijuana and retail marijuana products that depict or are in the shape of a human, animal, vehicle, or fruit. The bill has staggered effective dates.
Who sponsors SB 591?
SB 591 is sponsored by William M. Stanley, Jr. and Hanger, Emmett W., Jr..
What is the current status of SB 591?
This bill has been enacted into law. Introduced January 12, 2022. Enacted.
Where can I track SB 591?
Track SB 591 free on One Click Politics — get push/email alerts when it moves.

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