SB 591 — Marijuana; shape productions, definitions.
Last action — Left in Rehabilitation and Social Services
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✓Introduced
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✓In Committee
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✓Passed Senate
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✓Passed House of Delegates
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✓To Executive
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6Enacted
This bill has been enacted into law. Introduced January 12, 2022. Enacted.
Signed by Governor Glenn Youngkin (Republican) on March 22, 2022.
Prognosis
Where this bill stands today.
Odds of enactment
HighHow often bills like it became law.
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Enacted
Current position in the legislative process.
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2 sponsors
1 primary, 1 co-sponsors signed on.
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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 removedPlain-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.
SESSION ENROLLEDSENATE VIRGINIASUBSTITUTE ACTS22108127D OFSENATE ASSEMBLYBILL ––NO. 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;
shape591 prohibitions;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;
definitionsshape, ofprohibitions; marijuana and6 of the CoRe of tetrahydrocannabinol.
Odefinitions Lof [Smarijuana 591]and Ltetrahydrocannabinol. Approved E Be it enacted by the General Assembly of Virginia:
DBe 54.1-3408.3,it 54.1-3423,enacted 54.1-3442.6,by 54.1-3442.7, 54.1-3446 of the CodeGeneral Assembly of VirginiaVirginia: are amended.1-3401, and reenacted as follows:
§1. 3.2-4113.
ProductionThat of§§ industrial3.2-4113, hemp3.2-4118, lawful.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, Bror 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 Eocatedlocated at 7 C.F.R.
No dealer or his agent or processor or his agent shall be prosecuted under ChapterThapter 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 anyEny 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 7exception, ofexcuse, Titleproviso, 18.2 or theexemption Drugcontained Controlin Actthis (§chapter 54.1-3400or etthe seq.),Drug itControl shallAct, notand betheany necessaryburden toof negateproof of any such exception, excuse, proviso, or exemption containedshall inbe thison chapter or the Drugdefendant.S ControlB. Act, and the burB.
Nothing in this chapter shall be construed to authorize any person to violate any federalfederalUlaw law or regulation.
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.
T 36 § 3.2-4118.
37 A.
The Commissioner shall deny the application, or suspend or revoke the registration, of any person Commissioner38 shallwho, providewith reasonablea noticeculpable ofmental anstate informalgreater fact-findingthan conferencenegligence, pursuantviolates toer.any provision of this chaptTr.
The §39 2.2-4019Commissioner toshall anyprovide personreasonable innotice connectionof withan theinformal denial,fact-finding suspension,conference orpursuant revocationtoU of§ a2B. registration.
B.
The grower, dealer, or processor may appeal a final order to the circuitcircEit 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 provideprocess asite; description and geographic data sufficient for locating his production field, dealership, or greater than that allowed by federal law;
or(ii) (iii)grows, producesdeals ain, or processes Cannabis sativa productwith shalla complytetrahydrocannabinol withionconcentration anygreater correctivethan actionthat planallowed established by thefederal Commissionerlaw; in accordance with the provisions of subsection E.
Theor Commissioner(iii) shallproduces not deem a growerCannabis negligentsativa ifproduct suchshall growercomply makes reasonable efforts to grow industrial hemp and grows Cannabis sativa with aany tetrahydrocannabinolcorrective concentrationaction thatplan doesestablished notby exceed the totalCommissioner delta-9 tetrahydrocannabinol concentration percentage established in federalaccordance regulationswith applicablethe toprovisions negligentof violationssubsection locatedE. at 7 C.F.R.
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.
AE. 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.
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 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.
Show all 500 changed lines (460 more)
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 includeof cultivation30 inc"Marijuana" means any part of a plant of the genus Cannabis, whether growing or testing.not, its seeds or resin;
"Marijuana"and meansevery (i)compound, anymanufacture, partsalt, ofderivative, amixture, plantor preparation of thesuch genusplant, Cannabis,its whetherseeds, growingits resin, or not,any itsextract seedscontaining one or resin;more cannabinoids.
and"Marijuana" everydoes compound,not manufacture,include salt,(i) derivative,the mixture,mature orstalks preparation of such plant, itsfiber seeds,produced itsfrom resin,such orstalk, any extract containing one or moreoil cannabinoids or (ii)cake anymade substancefrom containingthe (a)seed aof totalsuch tetrahydrocannabinolplant, concentrationunless thatsuch exceedsstalks, 0.3fiber, percentoil, or (b)cake moreis thancombined 0.25with milligramother parts of tetrahydrocannabinolplants perof servingthe orgenus moreCannabis. 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"person doesregistered notpursuant includeto (1)subsection theA mature stalks of such§ plant,3.2-4115 fiber produced from such stalk, or oilhis oragent cake made from the seed of such plant, unless such stalks, fiber, oil, or cake(ii); is combined with other parts of plants of the genus Cannabis.
"Marijuana"(iii) doesindustrial nothemp, includeas (i);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)(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 complianceprovisions withof statesubdivision orA federal67 law;of § 59.1-200;
(5)or an(v) industrialany hempdrug extract,product as defined in § 3.2-5145.1, containing a tetrahydrocannabinol concentrationthat 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 offeredapproved for salemarketing atby retailthe thatU.S. is derived from industrial hemp, as defined in § 3.2-4112, grown, dealt, or processed in compliance with state or federal law;
or (6) any drug product containing tetrahydrocannabinol that is approved for marketing by the U.S.
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 marijuanamar"Marijuana plantcultivation isfacility" means a concentratefacility forlicensed purposesunder of this subtitle.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, immatureimmatureAmarijuana marijuana 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 cultivationcultivatTon facilities;sell immature marijuana plants and marijuana seeds to consumers for the purpose of cultivatingilities;
to transfer possession of and sellto retail marijuana toat marijuanahome manufacturingfor faciEities;personal use.
andE to"Marijuana sellestablishment" immaturemeans a marijuana plantscultivation andfacility, a marijuana seedstesting tofacility, consumersa formarijuana themanufacturing purposefacility, ofa cultivating marijuana atwholesaler, homeor fora personalretail use.marijuana store.
N "Marijuana establishment"manufacturing facility" means a marijuanafacility cultivationlicensed facility,under athis marijuanasubtitle testingto faciliRy,manufactSre, alabel, marijuana manufacturingfrom facility, a marijuana wholesaler,cultivation facility or aanother retail marijuana store.manufacturing facility;
and packagetol transfer possession of and sell retail marijuana and retail marijuana products;products to marijuana wholesalers, retail marijuana stores, or other marijuana manufacturing facilities.
toB purchase"Marijuana orparaphernalia" takemeans possessionall equipment, products, and materials of retaillabel,any marijuanakind fromthat aare marijuanaSither cultivationdesigned facilityfor use or anotherare marijuanaintended manufacturingfor facility;use in planting, propagating, cultivating, growing, harvesting, packaging, repackaging, storing, containing, concealing, ingesting, inhaling, or otherwise introducing into the human body marijuana.
andI to"Marijuana transferproducts" possessionmeans of(i) andproducts sellthat retailare composed of marijuana and retailother marijuanaingredientsTand productsare tointended marijuanafor wholesalers,use retailor marijuanaconsumption, stores,ointments, and tinctures or other(ii) marijuana manufacturingconcentrate. facilities.
L "Marijuana paraphernalia"testing facility" means alla equipment,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 materialsmarijuana ofseeds anyfroE kinda thatmarijuana arecultivation Eitherfacility, designeda formarijuana usemanufacturing facility, or areanother intendedmarijuana forwholesaler useand into planting,transfer propagating,possession cultivating,and growing,sell harvesting,or manufacturing,resell compounding,retail converting,marijuana, producing,retail processing,marijuana preparing,products, strengthimmature testing,marijuana analyzing,plants, packaging,and repackaging,marijuana storing,seeds containing,to concealing,a ingesting,marijuana inhaling,cultivation orfacility, otherwisemarijuana introducingmanufacturing intofacility, theretail humanmar"Non-retail bodymarijuana" marijuana.means marijuana that is not cultivated, manufactured, or sold by a licensed marijuana establishment.
are"Non-retail intendedmarijuana forproducts" usemeans ormarijuana consumption,products ointments,that andare tincturesnot ormanufactured (ii) marijuana concentrate.nts and "Marijuanasold testingby facility" means a facility licensed under this subtitle to develop, research, or test marijuana, marijuana products,establishment. and other substances.
"MarijuanaS wholesaler""Place meansor apremises" facilitymeans licensedthe underreal thisestate, subtitletogether towith purchaseany buildings or takeother posSessionimprovements5thereon, testing of retail marijuana, retail marijuana products,or immatureretail marijuana plants,products andshall marijuanabe seedsperformed, fro5except athat marijuanaportion cultivationof facility,anyr asuch marijuanabuilding manufacturing facility, or anotherother marijuanaimprovement wholes1leractually and toexclusively transferused possessionas and sell or resell retail marijuana, retail marijuana products, immature maRijuana plants, and marijuana seeds to a marijuanaprivate cultivationresidence. facility, marijuana manufacturing facility, retail marijuana store, or another marijuana wholesaler.
"Non-retail4 marijuana""Public place" means marijuanaany thatplace, isbuilding, notor cultivated,conveyance manufactured,to which the public has, or soldis bypermitted ato licensedhave, mar"Non-retailaccess, marijuanaincluding products"restaurants, meanssoda marijuanafountains, productshotel thatdining areareas, notlobbies manufacturedand corridors of hotels, and soldany bypark, aplace licensedof marijuanapublic establishment.resort or amusement, highway, street, lane, or sidewalk adjoining any highway, street, or lane.
"PlaceSB591S4 or4 premises"of means30 the"Residence" realmeans estate, together with any buildingsbuilding or otherpart improvementsof thereon,a designatedbuilding inor thestructure applicationwhere for a licenseperson asresides, thebut placedoes atnot whichinclude theany cultivation,part manufacture,of sale,a orbuilding testingthat ofis retailnot marijuanaactually orand retailexclusively marijuanaused productsas shalla beprivate performed,residence, exceptnor thatany portionpart of anya suchhotel building or club other improvementthan actually and exclusively used as a private residence.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,cultivation immaturefacility, marijuana plants,manufacturing facility, or marijuana seedswholesaler and to consumers.sellsell retail "Sale"marijuana, andretail "sell"marijuana includesproducts, solicitingimmature marijuana plants, or receivingmarijuana anseeds orderto for;consumers.
"Sale" and "sell" includes soliciting or receiving an order for;
"Tetrahydrocannabinol" or "THC" means any naturally occurring or synthetic tetrahydrocannabinol, inc"Totalincluding tetrahydrocannabinolits concentration"salts, meansisomers, theor totalsalts available tetrahydrocannabinol derived from the molar sum of tetrahydrocannabinolisomers. and tetrahydrocannabinolic acid.
"Total tetrahydrocannabinol concentration" means the total available tetrahydrocannabinol derived from the molar sum of 26tetrahydrocannabinol §and 4.1-606.tetrahydrocannabinolic acid.
§ 4.1-606.
Establish criteria by which to evaluate social equity license applicants, which shall be an applicantof who30 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 orori) 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 Aperson or persons who have resided for at least three of §the 18.2-265.3past asfive ityears relatesin a jurisdiction that is a determined by the Board after utilizing census tract data made available by the United States Census Bureau to marijuana;have been disproportionately policed for marijuana crimes;
(iii)(iv) an applicant with at least 66 percent ownership by a person or persons who have resided for at least three of the pastlast five years in a jurisdiction that is determined by the Board after utilizing census tract data made available by the United States Censusa Bureauperson toor havepersons beenwho disproportionatelygraduated policedfrom fora marijuanahistorically crimes;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;
EstablishA standards16. 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;
Establish guidelines, in addition to requirements set forth in this subtitle, for the personal cultivation of 26marijuana 16.that promote personal and public safety, including child protection, aTd dis17.
Establish guidelines,reasonable intime, additionplace, toand requirementsmanner setrestrictions forthon inoutdoor thisadvertising subtitle, for the personal cultivation of marijuanaretailodor; that promote personal and public safety, including child protection, aEd discourage personal cultivation practices that create a nuisance, including a nuisance caused by odor;
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.
EstablishSuch reasonableregulations time,shall place,be andpromulgated mannerin restrictionsaccordance on outdoor advertising of retail marijuana or retail marijuana products, not inconsistent with the§ provisions4.1-1404; of this chapter, sR that such advertising displaces the illicit market and notifies the public of the location of marijuana establishments.
Suc18.18.
Establish restrictions on the number of licenses that a person may be granted to operateoperateSa amar19. marijuana establishment in single locality or region;
and L 19.
Such regulatioEsregulations may limit the amount of products cultivated or manufactured by the pharmaceutical processor or industrialinduStrial hemp processor that such processor may offer for sale in its retail marijuana stores;
and Dare 20.in the shape of a human, animal, vehicle, or fruit.uana and retail marijuana products that Tepict or C.
ProhibitThe theBoard productionmay andpromulgate saleregulations ofthat: retail marijuana and retail marijuana products that depict or are in the shape of a human, animal, vehicle, or fruit.
I 1.
Limit the number of licenses issued by type or class to operate a marijuana establishment;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 5T d.
1E In determining the number of licenses issued pursuant to this subdivision, the Board shall nRtnot 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 Drugand ControlConsumer ActServices orpursuant (ii)to anChapter industrial41.1 hemp(§ processor3.2-4112 registeredet withseq.) theof CommissionerTitle 3.2.ioner of Agriculture and2.2.
S 3.
Limit the allowable square footage of a retail marijuana store, which shall not exceed 1,500 square feet.fee4.
4.
marijuana cultivation facility license, marijuana manufacturing facility license,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.meaningful opportunity to participate in the market.
BoardD. regulations shall be uniform in their application, except those relating to hours of sale for licensees.
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 (§ 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 establishnestablish 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,Examiners, orand sergeantlocal responsiblemedical forexaminers; law enforcement in the jurisdiction served by him;
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;
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 general30 local government or combinations thereof in Virginia or other states, and with agencies and departments of the Commonwealth;
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.)post-decarboxylation oftesting Titleor 18.2,another equivalent method and §§shall 54.1-3401consider andthe 54.1-3446.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.
§VI," 18.2-247."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: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,whatsoeverS 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 medicinalmedicinalctors, 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 drugdSug 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.
TheU termresin; "marijuana" when As used in this article:
"Counterfeitand controlledevery substance"compound, meansmanufacture, asalt, controlledderivative, substancemixture, that, without authorization, bears, is packaged in a container or wrapperpreparation thatof bears,such orplant, isits otherwiseseeds, labeledits toresin, bear the trademark, trade name, or other identifying mark, imprint, or device or any likenessextract thereofcontaining ofone a drug manufacturer, processor, packer, or distributormore othercannabinoids. than the manufacturer, processor, packer, or distributor that did in fact so manufacture, process, pack, or distribute such drug.
"Marijuana" meansdoes (i)not anyinclude part(i)Ethe mature stalks of asuch plantplant, offiber theproduced genusfrom Cannabis,such whetherstalk, growingoil or not,cake itsmade seedsfrom the seed of such plant, unless such stalks, fiber, oil or resin;cake is combined with other parts of plants of the genus Cannabis.
andMarijuana everydoes compound,not manufacture,include salt,(i); 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"(ii) doesindustrial nothemp, includeas (1)defined thein mature§ stalks3.2-4112, ofthat suchis plant,possessed fiberby produceda fromdefined suchin stalk,§ oil3.2-4112, orthat 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 registeredwho pursuantholds toa subsectionhemp Aproducer oflicense §issued 3.2-4115by orthes hisU.S. agent;
(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;990 or his agent;
or (iii) (4)(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 procesEedprocesSed in compliance with state or federal law;law, provided that the sale of such hemp product complies with5the that is approved for marketing by the U.S.
(5)Food anand industrialDrug hempAdministration extract,and asscheduled defined in §the 3.2-5145.1,Druginol containingControl aAct tetrahydrocannabinol(§ concentration54.1-3400 ofet noseq.) greaterby thanthe 0.3Board percent and no more than 0.25 milligram of tetrahydrocannabinolPharmacy perpursuant servingto or§ more54.1-3443. 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.
Food4 and"Tetrahydrocannabinol" Drugnyor drug"THC" productmeans Administrationany andnaturally scheduledoccurring inor thesynthetic Drugtetrahydrocannabinol, Controlincluding Actits (§salts, 54.1-3400isomers, etor seq.)salts by the Board of Pharmacyisomers. pursuant to § 54.1-3443.
"Tetrahydrocannabinol""Total ortetrahydrocannabinol "THC"concentration" means anythe naturallytotal occurringavailable ortetrahydrocannabinol syntheticderived tetrahydrocannabiSol,from includingthe itsmolar salts,sum isomers,of ortetrahydrocannabinol saltsand oftetrahydrocannabinolic isomers.acid.
5SB591S4 "Total8 tetrahydrocannabinol concentration" means the total available tetrahydrocannabinol de1ived from the molar sum of tetrahydrocannabinol30 andE. tetrahydrocannabinolic acid.
RThe E.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.
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.ssuedglaucoma. by a medical B.
B.
(§A. 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.
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 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 thecalthe 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.
"Biologicalof product"30 means a virus, therapeutic serum, toxin, antitoxin, vaccine, blood, blood component or derivative, allergenic product, protein other than a chemically synthesized polypeptide, or analogous product, or arsphenamine or any derivative of arsphenamine or any other trivalent organic arsenic compound, applicable to the prevention, treatment, or cure of a disease or condition of human beings.
"Biosimilar" means a biological product that is highly similar to a specific reference biological product, notwithstanding minor differences in clinically inactive compounds, such that there are no clinically meaningful differences between the reference biological product and the biological product that has been licensed as a biosimilar pursuant to 42 U.S.C.
"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;
(ii) the creation of a partnership by a sole proprietor, the dissolution of a partnership,of the outstanding shares of voting stock of a corporation owning the entity or changeof 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 partnershipany composition;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 forfeitureforTeiture of a corporation'scor"Co-licensed charter.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-licensedE partner""Compounding" means athe personcombining who,of withtwo ator leastmore oneingredients otherto person,fabricate hassuch ingredients into a single preparation and includes the rightmixing, assembling, packaging, or labeling of a drug or device (i) by a pharmacist, or within a permitted pharmacy, pursuant to engagea invalid theprescription manufacturingissued for a medScinal or marketingexpectation of receiving a valid prescription drug,based consistenton withobserved statehistorical andpatterns federalof law.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,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 persoEperson 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 subdivisionsubdivTsion 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.
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 regulatoryregulaEory 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) Ehichwhich 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 aaar 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 substanceicsubsta5ce 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.
§ 355) or that is generally recognized as safe and effective pursuant to §§ 501, 502, and 503 of the federal Food, Drug, anSan4 Cosmetic Act (21 U.S.C.
(b) with respect to a par5icularparticular person, any substance for which an exemption is in effect for investigational use for that pers1nperson under § 505 of the federal Food, Drug, and Cosmetic Act to the extent that the conduct with respect tRto that substance is pursuant to such exemption;
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"agency. 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.
"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.
"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 27.01who27.01 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.
"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 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;
"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 natural30 origin, or independently by means of chemical synthesis, or by a combination of extraction and chemicalchemicaltural 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;
and every compound, manufacture, salt, derivative, mixture, or preparation of such plant, its seeds, its resin, or any extract containing one or more cannabinoidscannabinoids. 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"Marijuana" does not include (1)(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)(ii) industrial hemp, as defined in § 3.2-4112, that is possessed by a persondefined registeredin pursuant§ to3.2-4112, subsectionthat Ais ofpossessed §by 3.2-4115a orperson hiswho agent,holds (ii);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);(iii) or his agent;
(4)(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;law, provided that the sale of such hemp product complies with the that is approved for marketing by the U.S.
(5)Food anand industrialDrug hempAdministration extract,and asscheduled defined in §the 3.2-5145.1,DrNginol containingControl aAct tetrahydrocannabinol(§ concentration54.1-3400 ofet noseq.) greaterby thanthe 0.3Board percent and no more than 0.25 milligram of tetrahydrocannabinolPharmacy perpursuant servingto 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 § 3.2-4112,54.1-3443. grown, dealt, or processed in compliance with state or federal law;
or"Medical (6)equipment supplier" means any drugperson, productas containingdefined tetrahydrocannabinolin that§ is1-230, approvedengaged 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 marketingirrigation.ning byof medical equipment, solutions for "Narcotic drug" means any of the U.S.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 preparationEthereofpreparationSthereof which is chemically equivalent or identical with any of the substances referred to in clause (i), but not including the isoquinoline alkaloids of opium;
(iv) coca leaves andandnot any salt, compound, derivative, or preparation of coca leaves, and any salt, compound, isomer, RU derivative, or preparation thereof which is chemically equivalent or identical with any of these cocainesubstances, orbut ecgonine.includingnot including decocainized coca leaves or extraction of coca leaves which do noOnoS contain "Newcocaine drug" means (i) any drug, except a new animal drug or anecgonine. 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.
"Nuclearnew medicineanimal technologist"drug, meansthe ancomposition individualof whowhich holdsis 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 currentdrug certificationnot withso tSerecognized Americanshall Registrynot be deemed to be a "new drug" if at any time prior to the enactment of Radiologicalthis Technologistschapter 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 Nuclearcomposition Medicineof Technologywhich Certificatio5is Board.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.
1American "OfficialRegistry compendium" means the official United States Pharmacopoeia National Formulary, offRcial Homeopathic Pharmacopoeia of theRadiological UnitedTechnologists States, or anythe supplementNuclear toMedicine anyTechnology ofCertificatione them.Board.
"Official writtencompendium" order" means anthe orderofficial writtenUnited onStates aPharmacopoeia formNational providedFormulary, forofficial thatHomeopathic purposePharmacopoeia byof the U.S.United States, or any supplement to any of them.
DrugS Enforcement"Official Administration,written underorder" anymeans lawsan oforder thewritten Unitedon Statesa making provision therefor, if such an official form provided for that purpose by the BoardU5S. 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.
ItDrug doesorder notforms include,are unlessauthorized specificallyand designatedrequired asby controlledfederal underlaw, Articleand 4if (§no 54.1-3437such etorder seq.),form theis dextrorotatoryprovided isomerthen ofon 3-methoxy-n-methylmorphinanan andofficial itsform saltsprovided (dextromethorphan).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"Outsourcingfor facility"use means a facility that is engaged in the compoundingdelivery ofor steriledisplay drugsof andsuch isarticle. currently registered as an outsourcing facility with the U.S.
"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 anddispensing 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 thecontrolled opiumsubstances; poppy, after mowing.
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.
"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 licensedylicensed word physician, dentist, veterinarian, or other practitioner authorized by law to prescribe and administer such of 26 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 theof "Orange30 Book."the"Third-party "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 fromfro"USP-NF" means the molarcurrent sumedition of tetrahydrocannabinolthe andUnited tetrahydrocannabinolicStates acid.Pharmacopeia-National Formulary.
"USP-NF" means the current edition of the United States Pharmacopeia-National Formulary.
No person shall be subjectsub"Wholesale distribution" means (i) distribution of prescription drugs to anypersons stateother than consumers or localpatients taxand by(ii) reasondelivery of thisSchedule definition.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"distributor" means (i)any distributionperson ofother prescriptionthan drugsa tomanufacturer, personsa othermanufacturer's thanco-licensed consumersparThe orwords patients"drugs" and (ii)"devices" deliveryas ofused Schedulein VIChapter prescription33 devices(§ to54.1-3300 theet ultimateseq.) userand orin consumerthis pursuantchapNer toshall §not 54.1-3415.1,include subjectsurgical toor thedental exemptionsinstruments, setphysical forththerapy inequipment, theX-ray federalapparatus, Drugor Supplyglasses Chainor Securitylenses Act.for the eyes.
"WholesaleA distributor"The meansterms any"pharmacist," person"pharmacy," otherand than"practice aof manufacturer,pharmacy" aas manufacturer'sused co-licensedin partner,this achapter third-partyshall logisticsbe provider,defined oras aprovided repackagerin thatChapter engages33 in(§ wholesale54.1-3300 distribution.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: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.
"Cannabis oil" means any formulation of processed Cannabis plant extract, which may include Eiloil from industrial hemp extract acquired by a pharmaceutical processor pursuant to § 54.1-3442.6, orSr 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-tetrahydrocannabiRoldelta-9-tetrahydrocannabinol(CBD) or tetrahydrocannabinol per dose.
"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,S unless Ot has been "Cannabis product" means a product that is (i) produced by a pharmaceutical processor, registered withcannabis.Board, the Board, and compliant with testing requirements and (ii) composed of cannabis oil or botanicalboTanical cannabis."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"Registered "Designatedagent" caregiver facility" means anyan hospiceindividual ordesignated hospiceby facilitya licensedpatient pursuantwho tohas Ebeen §issued 32.1-162.3,a orwritten homeby caresuch organizationpatient's asparent defined in § 32.1-162.7 that provides pharmaceutical services or homelegal healthguardian, services,and privateregistered providerwith licensed by the DepartmentBoard of Behavioral Health and D Developmental Services pursuant to Articlesubsection 2G.esignated (§"Usable 37.2-403cannabis" etmeans seq.)any ofcannabis Chapterplant 4material, ofincluding Titleseeds, 37.2,but assistednot living(i) facilityresin licensedthat pursuanthas tobeen §extracted 63.2-1701,from orany adultpart day care center licensed pursuant to § 6"Practitioner" means a practitioner of medicine or osteopathy licensed by the Boardcannabis ofplant, Medicine,its aseeds, physician assistant licensed by the Board of Medicine, or aits nurseresin; practitioner jointly licensed by the Board of Medicine and the Board of Nursing.
"Registered(ii) agent"the meansmature anstalks, individualfiber designatedproduced byfrom athe patientstalks, whoor hasany beenother issuedcompound, amanufacture, writtenSsalt, certification, or, if such patient is a minor or anderivative, incapacitatedmixture, adult as defined in § 18.2-365, designated by such patient's parent or legalpreparatiSn guardian,of and registered with the Boardmature pursuantstalks; to subsectio1 G.
"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;
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 hishis4 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 SB591S4 14 of 30 specifically authorize such dispensing.
theC. Supreme Court developed in consultation with the Board of Medicine.
SuchThe written certificationrycertification of shall containbe theon name,a address,form andprovided telephoneby number of the practitioner,Office the name and address of the patientExecutive issuedSecretary theof written certification, the dateSupreme onCourt whichdeveloped thein writtenconsultation certificationwith was made, and the signatureBoard or authentic electronic signature of theMedicine. practitioner.
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.
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 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 orannabisor cannabis dispensing facility maintains an electronic copy of the written certification.
of 26 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 thethe5. applicant's establishment of effective controls against diversion;
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 evidenceE ofeviD. that federal registration.
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 mayshall registerconsider, otherat persons or entities to possess controlled substances listed on Schedules II through VI upon a determinationminimum, that (i) there is a documented need, (ii) the issuancefactors oflisted thein registrationsubsection isA consistent with the public interest, (iii) the possession and subsequent use of thethis controlledsection substancesin compliesdetermining withwhether applicable state and federal laws and regulations, and (iv) the subsequentregistration storage,shall use, and recordkeeping of the controlled substances will be underissued. the general supervision of a licensed pharmacist, practitioner of medicine, osteopathy, podiatry, dentistry, or veterinary medicine as specified in the Board's regulations.
TheNotwithstanding Boardthe shallexceptions consider,listed atin a§ minimum,54.1-3422 A, the ofBoard 26may factorsmandate listeda incontrolled subsectionsubstances Aregistration for sites maintaining certain types and quantities of thisSchedules sectionII inthrough determiningVI whethercontrolled thesubstances registrationas shallit bemay issued.specify in its regulations.
NotwithstandingThe the exceptions listed in § 54.1-3422 A, the Board mayshall mandatepromulgate aregulations controlledrelatedSto subsEancessupervision, registration for sites maintaining certain types and quantitiesrecordkeeping.e issuance of Schedulessuch II through VI controlled substances asregistration, itstorage, maysecurity, specifyE. in its regulations.
The Board shallmay promulgateregister regulationsa relatedpublic or private animal shelter as defined in § 3.2-6500 to requirementspurchase, orpossess, criteriaand administer certain Schedule II through VI controlled substances approved by the State Veterinarian for the issuancepurpose of sucheuthanizing controlledinjured, substancessick, registration,homeless, storage,and Recurity,unwanted supervision,domestic petsSand animals and recordkeeping.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,Controlled and administer certain Schedule II through VI controlled substances approvedused byforontrol theeuthanasia Statese,shall Veterinarianbe foradministered theonly purposein ofaccordance euthanizingwith injured,protocols sick,established homeless,by and unwanted domestic pets and animals and to purchase, possess, and administer certain Schedule VI drugs and biological products for the purposeState ofVeterinarian preventing, controlling, and treatingonly certainby communicablepersons diseasestrained that failure to control would result in transmissionaccordance towith theinstructions animalby population in the shelter.State Veterinarian.
ControlledThe substanceslistTof useESchedule VI drugs and biological products used for euthanasiatreatment and prevention of communicable diseases within the shelter shall be administereddetermined onlyby inthe accordancesupervising withveterinarian protocolsof establishedthe byshelter and the Statedrugs Veterinarianand the supervising veterinarian of the shelter and only by persons who have been trained in accordanceaccordanced by with instructions established or approved by the Statesupervising Veterinarian.veterinarian.
The list of Schedule VI drugs and biological products used for treatment and prevention of communicable diseases within the shelter shall bemaEntain determineda bycopy the supervising veterinarian of the shelterapproved andlist theof drugs and thebiological supervisingproducts, veterinarianwritten ofprotocols thefor shelteradministering, and onlytraining byrecords personsof whothose havepersons beenadministering traineddrugs inand accordancedbiological byproducts withon instructionsthe establishedpremises orof approved by the supervisingshelter. veterinarian.
Theand shelterlicensed shallby the Department of Behavioral Health and Developmental Services to maintain a copystock ofof01 theSchedule approvedVI listcontrolled substances necessary for immediate treatment of drugspatients andadmitted biologicalto products,the writtencrisis protocolsstabilization forunit, administering,which may be accessed and trainingadministered recordsby ofa thosenurse personspursuant administeringto drugsa andwritten biologicalor productsoral onorder theof premisesa oSprescriber in the shelter.absence of a prescriber.
5Schedule F.II through Schedule V controlled substSnces shall only be maintained if so authorized by federal law and Board regulations.
The5 Boarddiagnostic mayequipment registerthrough awhich crisisimages stabilizationand unitmedical establishedrecords pursuantmay tobe §transmitted 37.2-500electronically orforand 17.2-601 and licensed by the Departmentpurpose of Behavioralestablishing Healtha andbona Developmentalfide Servicespractitioner-patient torelationship maintainand ais stRckprescribed ofSch4dule ScheduleII through VI controlled substances necessarywhen forsuch immediateprescribing treatmentis ofin patientscompliance admittedwith tofederal therequirements crisisfor stabilizationthe unit,practice whichof maytelemedicine be accessed and administeredthe bypatient ais nursenot pursuantin tothe aphysical writtenpresence or oral order of a prescriberpractitioner inregistered with the absenceU.S. of a prescriber.
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 SB591S4 16 of 30 for such registration, and (iii) whether the issuance of the registration is consistent with the public interest.
onH. a form prescribed by the Board and such applications shall be accompanied by a fee in an amount tomade be determined by the Board.
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.
obtainingA. a permit from the Board.
TheNo applicationperson for such permit shall beoperate made on a formpharmaceutical providedfirstprocessor byor the Board and signed by a pharmacistcannabis whodispensing willfacility bewithout infirst fullobtaining anda actualpermit chargefrom of the pharmaceuticalBoard. processor's dispensing area or cannabis dispensing facility.
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 forpharmaceutical (i)processors physicaland standards;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;
Following remediation, all remediated cannabis oil shall be subject to laboratory testing and approved upon satisfaction of testing standards appliedof 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 oiland generally.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 registrationBoard certificatein regulation.cate pursuant to § 54.1-3423 and shall comply with quality standards established by the BoardF. in regulation.
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 concurrentconEvery responsibilitypharmaceutical forprocessor preventingshall diversiondesignate froma person who shall have oversight of the dispensingcultivation area.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 ExchangeExNhange 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 recordAecord 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 governmentalgovernmTntal entity.employees and delivery agents of the pharmaceutical processor.
ACriminal pharmaceuticalbackground processorchecks shallof maintainall evidenceemployees ofand criminaldelivery backgroundagents checksmay forbe allconducted ofby 26any employeesservice andsufficient deliveryto agentsdisclose ofany thefederal pharmaceuticaland processor.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 dRtiesdSties underplants theor supervisiona ofcertification anrecognized individualby whothe hasBoard receivedor awho degreehas inat aleast fieldtwo relatedyears toof theexperience cultivationcultivating 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 certificationcSrtification as a pharmacy technician.
Lfive I.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.
AEach pharmaceutical processor to whom a permit has been issued by the Board may establish upEto five cannabis dispensingI facilities for the dispensing offacility cannabisshall productsbe thatlocated havewithin been cultivated and produced on the premisessame ofhealth aservice pharmaceuticalarea processoras permitted by the Board.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 processorjurisdiction orwithin cannabisthe dispensinglast facility.allfive years shall be employed by or act as an agent of a pharmaceutical K.proK.
Every pharmaceutical processor or cannabis dispensing facility shall adopt policies for T pre-employment drug screening and regular, ongoing, random drug screening of employees.
E L.
A pharmacist at the pharmaceutical processor's dispensing area and the cannabis dispensinSdispensing facility shall determine the number of pharmacy interns, pharmacy technicians, and pharmacy technician t5aineestrainees who can be safely and competently supervised at one time;
however, no pharmacist shall supervis1supervise more thanprocessor's sixdispensing personsarea performingor thecannabis dutiesdispensing offacility.ian a pharmacy technician at one time in the pharmaceuticRlpharmaceutical processor'sM. dispensing area or cannabis dispensing facility.
M.
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 processorprocesso5 is subjectshall tobe theperformed sameby third-partya testinglaboratory requirementslocated thatin mayVirginia applyand toin cannabiscompliance plantwith extract.state law.
TestingThe industrial hemp dealer or processor shall beprovide performedsuch bythird-party atesting laboratoryresults locatedto inthe Virginiapharmaceutical andp4ocessor inbefore complianceindustrial withhemp stateextract law.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 SB591S4 18 of 30 section, the Board of Pharmacy shall publish a notice of opportunity to comment in the Virginia opportunityRegister toof commentRegulations shalland containpost (i)the aaction summaryon of the proposedVirginia regulation;Regulatory Town Hall.
Such notice of opportunity to comment shall contain (i) a summary of the proposed regulation;
productsA. 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 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 currentexact photoimage identification of the patient,document registeredthat agent,is parent,clearly orlegible; legal guardian;
and shall verifyview, currentin boardperson registrationor ofby theaudiovisual practitionermeans, anda thecurrent correspondingphoto identification of the patient, registered agent, parent, or of 26 legal guardian.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-propionoxypiperidineof (other30 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;
S Betaprodine;
Dextromoramide;E Diampromide;de;
Diampromide;N Diethylthiambutene;
Diethylthiambutene;
A Dimenoxadol;
ofT 26Dioxaphetylbutyrate; Dimethylthiambutene;
Dioxaphetylbutyrate;Dipipanone;
E Dipipanone;Ethylmethylthiambutene;
Ethylmethylthiambutene;Etonitazene;
NEtoxeridine; Etonitazene;
RS Etoxeridine;Hydroxypethidine;
Hydroxypethidine;Ketobemidone;
OU Ketobemidone;Levomoramide;
LB Levomoramide;Levophenacylmorphan;
Levophenacylmorphan;S Morpheridine;
L Morpheridine;
E MT-45 (1-cyclohexyl-4-(1,2-diphenylethyl)piperazine);
alpha-methylthiofentanyl);enyl)ethyl]-4-piperidyl]-N-phenylpropanamideT N-[1-[1-methyl-2-(2-thienyl)ethyl]-4-piperidyl]-N-phenylpropanamide (other name:
N-[1-(1-methyl-2-phenylethyl)-4-piperidyl]-N-phenylacetamidealpha-methylthiofentanyl); (other name:
acetyl-alpha-methylfentanyl);U acetyl-alpha-methylfentanyl);yl)-4-piperidyl]-N-phenylacetamide (other name:
T N-{1-[2-hydroxy-2-(2-thienyl)ethyl]-4-piperidinyl}-N-phenylpropanamide (other name:
SE beta-hydroxythiofentanyl);
5 N-[1-(2-hydroxy-2-phenyl)ethyl-4-piperidyl]-N-phenylpropanamide (other name:
1 beta-hydroxyfentanyl);
R1-(1-methyl-2-phenylethyl)-4-(N-propanilido) N-[1-(alpha-methyl-beta-phenyl)ethyl-4-piperidyl]propionanilidepiperidine, (otheralpha-methylfentanyl);: names:
1-(1-methyl-2-phenylethyl)-4-(N-propanilido) piperidine, alpha-methylfentanyl);
2-fluorofentanyl, ortN-(3-fluorophenyl)-N-[1-(2-phenylethyl)-4-piperidinyl]-propanamideortho-fluorofentanyl); (other name:
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:
4 3-methylthiofentanyl);
parN-(4-fluorophenyl)-N-1-(2-phenylethyl)-4-piperidinyl]-propanamideSB591S4 (other20 name: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-(otherN,N-diethyl-2-(2-(4-isopropoxybenzyl)-5-nitro-1H-benzimidazol-1-yl)ethan-1-a(other name:
Norpipanone;
Properidine;;Proheptazine;
Properidine;
of 26 Racemoramide;
N-phenyl-N-[1-(2-phenylethyl)-4-piperidinyl]-cyclopentanecarbox(otherN-phenyl-N-[1-(2-phenylethyl)-4-piperidinyl]-cyclopentanecarboxa(other name:
Heroin;of 30 Hydromorphinol;
Hydromorphinol;
Morphine-N-Oxide;Myrophine;-Oxide;
Myrophine;
Thebacon.
Alpha-ethyltryptamineE (some3-2-aminobutyl] tradeindole; or other names:
a-ET;
AET);e or other names:
3-2-aminobutyl]N indole;4-Bromo-2,5-dimethoxyphenethylamine (some trade or other names:
a-ET;
AET);
4-Bromo-2,5-dimethoxyphenethylamine (some trade or other names:
A 3,4-methylenedioxy amphetamine;
of 26 5-methoxy-3,4-methylenedioxy amphetamine;
3,4,5-trimethoxyT amphetamine;Alpha-methyltryptamine (other name:
E Alpha-methyltryptamine (other name:
NE Diethyltryptamine;
R Dimethyltryptamine;
2,5-dimethoxy-4-ethylamphetamine4-methyl-2,5-dimethoxyamphetamine; (DOET);
OS 4-fluoro-N-ethylamphetamine;4-fluoro-N-ethylamphetamine;mine (DOET);
L 2,5-dimethoxy-4-(n)-propylthiophenethylamine (other name:
U Ibogaine;
LB 5-methoxy-N,N-diisopropyltryptamine (other name:
ES Lysergic acid diethylamide;
Mescaline;Parahexyl;
D Parahexyl (some trade or other names:
T 3-Hexyl-1-hydroxy-7,8,9,10-tetrahydro-6,6,9-trimethyl-6H-dibenzo [b,d] pyran;
N-ethyl-3-piperidylI benzilate;Peyote;
T N-ethyl-3-piperidyl benzilate;
Psilocybin;U Psilocyn;n;
Psilocyn;T Salvinorin A;
SE Salvinorin3-heptyl-1-hydroxy-6a,7,8,10a-tetrahydro-6,6,9-trimethyl-6H-dibenzo[b,d]pyran A;(other names:
5delta-9-Tetrahydrocannabiphorol, 3-heptyl-1-hydroxy-6a,7,8,10a-tetrahydro-6,6,9-trimethyl-6H-dibenzo[b,d]pyranTHCP, (otherdelta-9-THC-C7); names:
11-acetoxy-3-pentyl-6a,7,8,10a-tetrahydro-6,6,9-trimethyl-6H-dibenzo[b,d]pyran delta-9-Tetrahydrocannabiphorol,(other THCP,names: delta-9-THC-C7);
RdelTetrahydrocannabinols, 1-acetoxy-3-pentyl-6a,7,8,10a-tetrahydro-6,6,9-trimethyl-6H-dibenzo[b,d]pyranexcept (otheras names: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(ii) Acetate,a THC-O-Acetate,hemp THC-O);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 encapsulatedenc5psulated industrial hemp, as defined in a§ soft3.2-4112, gelatinthat capsuleis inpossessed by a drugperson productwho approvedholds 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.
4 2,5-dimethoxyamphetamine (some trade or other names:
3,4-methylenedioxymethamphetamine (MDMA), its optical, positional and geometric isomers, salts and3,4-methylenedioxy-N-ethylamphetamineand (alsosalts knownof asisomers; N-ethyl-alpha-methyl-3,4 (methylenedioxy)phenethylamine, N-ethyl MDA, MDE, MDEA);
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(1-phenylcyclohexyl) analogethylamine, ofN-(1-phenylcyclohexyl) phencyclidineethylamine, (somecyclohexamine, otherPCE); names:
Pyrrolidine analog of phencyclidine (some other names:
Ethcathinone4-methoxymethcathinone (other name:names:
N-ethylcathinone);one;methedrone;
Ethcathinone (other name:
N-ethylcathinone);
of 26 Beta-keto-N-methyl-3,4-benzodioxolylbutanamine (other name:
3,4-methylenedioxy-N,N-dimethylcathinoneof 30 4-bromomethcathinone (other names: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);
S 1-(1,3-benzodioxol-5-yl)-2-(dimethylamino)-1-pentan(other names:
1-(4-methoxyphenyl)-2-(pyrrolidin-1-yl)octan-1-oneE 3,4-tetramethylene-alpha-pyrrolidinovalerophenone (other name:
4-methoxy-PV9);TH-PVP);xy-PV9);
3,4-tetramethylene-alpha-pyrrolidinovalerophenoneN 4-allyloxy-3,5-dimethoxyphenethylamine (other name:
TH-PVP);
4-allyloxy-3,5-dimethoxyphenethylamine (other name:
ofA 26 4-chloro-alpha-methylamino-valerophenone (other name:
ET 4-fluoro-alpha-Pyrrolidinoheptiophenone4-hydroxy-N,N-diisopropyltryptamine (other name:
4-fluoro-PV8);4-OH-DIPT);o-PV8);
4-hydroxy-N,N-diisopropyltryptamine4-methyl-alpha-ethylaminopentiophenone; (other name:
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);
OS 6-ethyl-6-nor-lysergic6-allyl-6-nor-lysergic acid diethylamide (other name:
ETH-LAD);AL-LAD);;
L 6-allyl-6-nor-lysergic acid diethylamide (other name:
AL-LAD);
LU 2-(methylamino)-2-phenyl-cyclohexanone (other name:
EB 2-(ethylamino)-2-phenyl-cyclohexanone (other name:
S 2-methyl-1-(4-(methylthio)phenyl)-2-morpholinopropiophenone (other name:
D Alpha-ethylaminohexanophenone (other name:
N-ethylhexedrone);
N-ethyl-1,2-diphenylethylamineT 4-fluoro-alpha-pyrrolidinohexiophenone (other name:
Ephenidine);uoro-alpha-PHP);4-fluoro-alpha-PHP);
2,5-dimethoxy-4-chloroamphetamineI N-ethyl-1,2-diphenylethylamine (other name:
Ephenidine);
T 2,5-dimethoxy-4-chloroamphetamine (other name:
Alpha-pyrrolidinoisohexiophenoneU 1-[1-(3-hydroxyphenyl)cyclohexyl]piperidine (other name:
alpha-PiHP);
S 1-[1-(3-hydroxyphenyl)cyclohexyl]piperidine (other name:
5T 4-acetyloxy-N,N-diallyltryptamine (other name:
1E 4-hydroxy-N,N-methylisopropyltryptamine (other name:
R 3,4-Methylenedioxy-alpha-pyrrolidinohexanophenone (other name:
1-(1,3-benzodioxol-5-yl)-2-(ethylamino)-1-butanone1-(1,3-benzodioxol-5-yl)-2-(butylamino)-1-pentanone (other names:name:
Eutylone,N-butylpentylone);; bk-EBDB);
N-benzyl-3,4-DMA);N-butylpentylone);N-benzyl-3,4-DMA);
S 2-(ethylamino)-1-phenylheptan-1-one (other name:
(2-ethylaminopropyl)benzofuran5 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:
1 2-fluoro-Deschloroketamine (other name:
4 4-hydroxy-N-ethyl-N-propyltryptamine (other name:
N-Isobutyl Hexedrone, alp1-(4-methoxyphenyl)-N-methylpropan-2-aminealpha-isobutylaminohexanphenone); (other names:
para-Methoxymethamphetamine,1-(4-methoxyphenyl)-N-methylpropan-2-amine PMMA);(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-methylmorpholinecentral (othernervous name: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);
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-adamantoylindoleN-(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;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);
S 1-butyl-3-(1-naphthoyl)indole (other name:
1-hexyl-3-(naphthalen-1-oyl)indoleE 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-tetN of(6aR,10aR)-9-(hydroxymethyl)-6,6-dimethyl-3-(2-methyloctan-2-yl)-6a,7,10,10a-tet 26 rahydrobenzo[c]chromen-1-ol (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-(2-chlorophenylacetyl)indoleT 1-pentyl-3-(4-ethyl-1-naphthoyl)indole (other name:
JWH-203);JWH-210);;
N1-pentyl-3-(4-chloro-1-naphthoyl)indole 1-pentyl-3-(4-ethyl-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:
LS 1-[(N-methylpiperidin-2-yl)methyl]-3-(2-iodobenzoyl)indolePravadolinel(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:
EU 1-pentyl-3-(4-methoxybenzoyl)indole (other names:
B 1-(2-cyclohexylethyl)-3-(2-methoxyphenylacetyl)indole (other names:
DS 1-pentyl-3-(2,2,3,3-tetramethylcyclopropylmethanone)indole (other name:
1-(5-fluoropentyl)-3-(2,2,3,3-tetramethylcyclopropylmethanone)indole5-fluoro-UR-144);tyl)-3-(2,2,3,3-tetramethylcyclopropylmethanone)indole (other names:
XLR-11, 5-fN-adamantyl-1-fluoropentylindole-3-carboxamideT N-adamantyl-1-fluoropentylindole-3-carboxamide (other name:
I N-adamantyl-1-pentylindazole-3-carboxamide (other names:
Show all 500 changed rows (460 more)
View plain text versions (6)
- Substitute Governor's substitute printed 22108127D-S4 Current pdf April 11, 2022
- SB591ER View text pdf March 21, 2022
- Substitute Floor substitute printed 22107326D-H1 (Freitas) pdf March 02, 2022
- Committee Substitute Committee substitute printed 22106520D-S3 pdf February 10, 2022
- Committee Substitute Committee substitute printed 22106399D-S2 pdf February 09, 2022
- Committee Substitute Committee substitute printed 22105974D-S1 pdf February 04, 2022
Action History
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Left in Rehabilitation and Social Services
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Rereferred to Rehabilitation and Social Services
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Amendments specific and severable (0-Y 40-N)
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Reconsideration of Passed by for the day agreed to (40-Y 0-N)
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Chair votes yes
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Passed by for the day (20-Y 20-N)
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Passed by temporarily
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Governor's substitute printed 22108127D-S4
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Governor's recommendation received by Senate
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Impact statement from DPB (SB591ER)
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Governor's Action Deadline 11:59 p.m., April 11, 2022
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Enrolled Bill Communicated to Governor on March 22, 2022
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Signed by Speaker
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Signed by President
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Enrolled
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House amendment agreed to by Senate (33-Y 7-N)
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Reconsideration of House amendment agreed to by Senate (40-Y 0-N)
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House amendment agreed to by Senate (30-Y 10-N)
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VOTE: Passage (89-Y 7-N)
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Passed House with amendments (89-Y 7-N)
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Engrossed by House as amended
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Amendments by Delegate Leftwich agreed to
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Substitute by Delegate Freitas withdrawn 22107326D-H1
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Passed by temporarily
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Read third time
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House committee, floor amendments and substitutes offered
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Impact statement from DPB (SB591H1)
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Passed by for the day
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Passed by for the day
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Passed by for the day
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Passed by for the day
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Passed by for the day
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Floor substitute printed 22107326D-H1 (Freitas)
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Passed by for the day
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Read second time
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Reported from General Laws (21-Y 1-N)
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Subcommittee recommends reporting (8-Y 0-N)
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Assigned GL sub: Subcommittee #5
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Referred to Committee on General Laws
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Read first time
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Placed on Calendar
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Impact statement from DPB (SB591S3)
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Read third time and passed Senate (40-Y 0-N)
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Engrossed by Senate - committee substitute SB591S3
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Committee substitute agreed to 22106520D-S3
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Reading of substitute waived
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Committee substitute rejected 22106399D-S2
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Committee substitute rejected 22105974D-S1
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Read second time
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Constitutional reading dispensed (40-Y 0-N)
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Impact statement from VCSC (SB591S2)
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Impact statement from DPB (SB591S2)
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Committee substitute printed 22106520D-S3
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Reported from Finance and Appropriations with substitute (15-Y 0-N)
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Senate committee, floor amendments and substitutes offered
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Impact statement from VCSC (SB591S1)
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Rereferred to Finance and Appropriations
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Committee substitute printed 22106399D-S2
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Reported from Judiciary with substitute (14-Y 0-N)
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Senate committee, floor amendments and substitutes offered
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Impact statement from DPB (SB591S1)
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Rereferred to Judiciary
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Committee substitute printed 22105974D-S1
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Reported from Rehabilitation and Social Services with substitute (12-Y 0-N 3-A)
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Senate committee, floor amendments and substitutes offered
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Senate subcommittee amendments and substitutes offered
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Assigned Rehab sub: Cannabis
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Referred to Committee on Rehabilitation and Social Services
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Prefiled and ordered printed; offered 01/12/22 22101413D
Sponsors
- Jr. William M. Stanley · Cosponsor
- Hanger, Emmett W., Jr. · Primary
Sponsorship breakdown
Export CSV (upgrade) →1 sponsors · 1 co-sponsors · 146 not signed on · 41 voted No
Sponsors (1)
- Hanger, Emmett W., Jr. Voted No
Co-sponsors (1)
- William M. Stanley, Jr. Voted No
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.
Votes
Roll call published as PDF — view source.
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 40 | 0 | 0 | 0 |
| Total | 40 | 0 | 0 | 0 |
| % of votes cast | 100% | 0% | 0% | 0% |
How each member voted (40)
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 20 | 20 | 0 | 0 |
| Total | 20 | 20 | 0 | 0 |
| % of votes cast | 50% | 50% | 0% | 0% |
How each member voted (40)
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 0 | 40 | 0 | 0 |
| Total | 0 | 40 | 0 | 0 |
| % of votes cast | 0% | 100% | 0% | 0% |
How each member voted (40)
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 30 | 10 | 0 | 0 |
| Total | 30 | 10 | 0 | 0 |
| % of votes cast | 75% | 25% | 0% | 0% |
How each member voted (40)
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 40 | 0 | 0 | 0 |
| Total | 40 | 0 | 0 | 0 |
| % of votes cast | 100% | 0% | 0% | 0% |
How each member voted (40)
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 33 | 7 | 0 | 0 |
| Total | 33 | 7 | 0 | 0 |
| % of votes cast | 83% | 18% | 0% | 0% |
How each member voted (40)
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 88 | 7 | 0 | 4 |
| Total | 88 | 7 | 0 | 4 |
| % of votes cast | 89% | 7% | 0% | 4% |
How each member voted (99)
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 21 | 1 | 0 | 0 |
| Total | 21 | 1 | 0 | 0 |
| % of votes cast | 95% | 5% | 0% | 0% |
How each member voted (22)
| Member | Party | Vote |
|---|---|---|
| Adams, Dawn M. | — | Yea |
| Betsy B. Carr | — | Yea |
| Bulova, David L. | — | Yea |
| Campbell, Jeffrey L. | — | Yea |
| Chris S. Runion | — | Yea |
| Coyner, Carrie E. | — | Yea |
| Danica A. Roem | — | Yea |
| Emily M. Jordan | — | Yea |
| Fowler, Hyland F."Buddy," Jr. | — | Yea |
| James A. "Jay" Leftwich | — | Yea |
| James W. Morefield | — | Yea |
| Jenkins, Clinton L. | — | Yea |
| Knight, Barry D. | — | Yea |
| Luke E. Torian | — | Yea |
| Marcia S. "Cia" Price | — | Yea |
| Murphy, Kathleen | — | Yea |
| Paul E. Krizek | — | Yea |
| Robinson, Roxann L. | — | Yea |
| Schuyler T. VanValkenburg | — | Yea |
| Thomas C. Wright, Jr. | — | Yea |
| Wampler, William C., III | — | Nay |
| Wendell S. Walker | — | Yea |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 8 | 0 | 0 | 1 |
| Total | 8 | 0 | 0 | 1 |
| % of votes cast | 89% | 0% | 0% | 11% |
How each member voted (9)
| Member | Party | Vote |
|---|---|---|
| Adams, Dawn M. | — | Yea |
| Bulova, David L. | — | Yea |
| Campbell, Jeffrey L. | — | Yea |
| Chris S. Runion | — | Yea |
| Emily M. Jordan | — | Yea |
| James A. "Jay" Leftwich | — | Not Voting |
| Paul E. Krizek | — | Yea |
| Thomas C. Wright, Jr. | — | Yea |
| Wendell S. Walker | — | Yea |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 40 | 0 | 0 | 0 |
| Total | 40 | 0 | 0 | 0 |
| % of votes cast | 100% | 0% | 0% | 0% |
How each member voted (40)
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 40 | 0 | 0 | 0 |
| Total | 40 | 0 | 0 | 0 |
| % of votes cast | 100% | 0% | 0% | 0% |
How each member voted (40)
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 15 | 0 | 0 | 0 |
| Total | 15 | 0 | 0 | 0 |
| % 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 |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 14 | 0 | 0 | 0 |
| Total | 14 | 0 | 0 | 0 |
| % 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 |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 12 | 0 | 0 | 3 |
| Total | 12 | 0 | 0 | 3 |
| % 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 |
Subjects
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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