Pharmaceutical processors; amends the definition of 'cannabis oil.'
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SB 671 — Pharmaceutical processors; amends the definition of 'cannabis oil.'
Last action — Approved by Governor-Chapter 392 (effective 7/1/22)
No card. One bill, free forever — alerts when it moves.
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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 20, 2022. Enacted.
Signed by Governor Glenn Youngkin (Republican) on April 11, 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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1 sponsor
1 primary, 0 co-sponsors signed on.
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Cleared a recorded vote
Passed 7 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
Pharmaceutical processors. Amends the definition of "cannabis oil" by removing the requirement that only oil from industrial hemp be used in the formulation of cannabis oil. The bill removes the Board of Pharmacy patient registration requirement for medical cannabis but maintains the requirement that patients obtain written certification from a health care provider for medical cannabis. The bill directs the Board to promulgate numerous regulations related to pharmaceutical processors by September 15, 2022. This bill is identical to HB 933.
Bill Text
What changed in the latest version
372 added · 366 removedPlain-language change summary
The amendments to the bill redefine "cannabis oil" and clarify its components, specifying that it does not include industrial hemp unless processed by a registered industrial hemp processor in Virginia. The term "botanical cannabis" is maintained, and there's additional clarity around the definitions of "cannabis product" and "designated caregiver facility." These changes help ensure that cannabis products meet the defined criteria for treatment while establishing clearer guidelines for the certification and processing of cannabis oils.
SESSION ENROLLED VIRGINIA ACTS OF ASSEMBLY ––-- 2022 SESSION CHAPTER E392 An Act to amend and reenact §§ 54.1-3408.3, 54.1-3442.5, 54.1-3442.6, and 54.1-3442.7 of the Code of Virginia, relating to pharmaceutical processors.
R O [S 671] Approved LApril L11, 2022 Be it enacted by the General Assembly of Virginia:
That §§ 54.1-3408.3, 54.1-3442.5, 54.1-3442.6, and 54.1-3442.7 of the Code of Virginia are E amended and reenacted as follows:
D§ A.54.1-3408.3.
AsCertification used in this section:n for use of cannabis oil for treatment.
A.
As used in this section:
"Cannabis oil" means any formulation of processed Cannabis plant extract, which may include oil from industrial hemp extract extracts, including isolates and distillates, acquired by a pharmaceutical processor pursuant to § 54.1-3442.6, or a dilution of the resin of the Cannabis plant that contains at least five milligrams of cannabidiol (CBD) or tetrahydrocannabinolic acid (THC-A) and no more than 10B10 milligrams of delta-9-tetrahydrocannabinol per dose.
"Cannabis oil" does not include industrial7hemp,industrial hemp, as defined in § 3.2-4112, that is grown, dealt, or processed in compliance with state or federal law, unless it has been grown and processed in the Commonwealth by a registered industrial hemp processor aEd,and unless acquired and formulated with cannabis plant extract by a pharmaceutical processor.
R "Cannabis product" means a product that is (i) produced by a pharmaceutical processor, registered with the Board, and compliant with testing requirements and (ii) composed of cannabis oil or botanical cannabis.
"Designated caregiver facility" means any hospice or hospice facility licensed pursuant to § 32.1-162.3, or home care organization as defined in § 32.1-162.7 that provides pharmaceutical services or home health services, private provider licensed by the Department of Behavioral Health and Developmental Services pursuant to Article 2 (§ 37.2-403 et seq.) of Chapter 4 of Title 37.2, assisted living facility licensed pursuant to § 63.2-1701, or adult day care center licensed pursuant tossistedto § 63.2-1701.
"Usable cannabis" means any cannabis plant material, including seeds, but not (i) resin that has been extracted from any part of the cannabis plant, its seeds, or its resin;
The practitioner shall use his professional judgment to determine the manner and frequency of patient care and evaluation and may employ the use of telemedicine, provided that the use of telemedicine includes the delivery of patient with the standard of care tothrough dispensereal-time botanicalinteractive cannabisaudio-visual totechnology. a minor, the written certification shallstent specifically authorize such dispensing.
If a practitioner determines it is consistent with the standard of care to dispense botanical cannabis to a minor, the written certification shall specifically authorize such dispensing.
the date on which the written certification was issuedmade,; pursuant to subsection B shall expire no later than one year after its issuance unless theification practitioner provides in such written certification an earlier expiration.
Aand writtenthe certificationsignature shallor notauthentic beelectronic signature of 7the issuedpractitioner. to a patient by more than one practitioner during any given time period.
Such written certification issued pursuant to subsection B shall expire no later than one year after its issuance unless the practitioner provides in such written certification an earlier expiration.
A written certification shall not be issued to a patient by more than one practitioner during any given time period.
No practitioner shall be prosecuted under § 18.2-248 or 18.2-248.1 for the issuance of a of 6 certification for the use of cannabis products for the treatment or to alleviate the symptoms of a patient's diagnosed condition or disease pursuant to a written certification issued pursuant to subsection B.
"Pharmaceutical processor" means a facility that (i) has obtained a permit from the Board pursuant to of 7 § 54.1-3408.3 and (ii) cultivates Cannabis plants intended only for the production of cannabis oil, botanical cannabis, and usable cannabis, produces cannabis products, and dispenses cannabis proEuctsproducts to a registered patient pursuant to a written certification, his registered agent, or, if such patient is a minor or an incapacitated adult as defined in § 18.2-369, such patient's parent or legal guardian.
N "Practitioner" has the same meaning as specified in § 54.1-3408.3.
Rof 6 "Registered agent" has the same meaning as specified in § 54.1-3408.3.
§ 54.1-3442.6.
Permit to operate pharmaceutical processor or cannabis dispensing facility.
E B.
Permits shall be displayed in a conspicuous place on the premises of the pharmaceutical processor and canC.cannabis dispensing facility.
C.
(vi) labeling, including the potency of each botaniSalbotanical cannabis product and the amounts recommended by the practitioner or dispensing pharmacist, and 6 packaging;
(viii) processes fo1for safely and securely dispensing and delivering in person cannabis products to a registered patient, hisRregisteredhis registered agent, or, if such patient is a minor or an incapacitated adult as defined in § 18.2-369, such patient's parent or legal guardian;
(x) a process for the wholesale distribution of and the transfer of usable cannabis, botanical cannabis, cannabis oil, and cannabis products between pharmaceutical processors, between a pharmaceutical processor and a cannabisnnabiscannabis dispensing facility, and between cannabis dispensing facilities;
(xiii) a process for acquiring oil from industrial hemp extract and formulating such oil extract with Cannabis plant extract into allowable dosages of cannabis oil extracts and formulating such extracts into processor'scannabis productsproducts; and operations, which shall not limit the pharmaceutical processor from thel provision of educational material to practitioners who issue written certifications and registered patients.
and (xiv) an allowance for the advertising and promotion of the pharmaceutical processor's products and operations, which shall not limit the pharmaceutical processor from the provision of educational material to practitioners who issue written certifications and registered patients.
A valid sample size for testing shall be determined by each laboratory and may vary due to sample matrix, analytical method, dispensingand orlaboratory-specific distributionprocedures. from each homogenized batch of cannabis oil is required to achieve ar representative cannabis oil sample for analysis.
A minimum sample size of 0.5 percent of individual units for dispensing or distribution from each homogenized batch of cannabis oil is required to achieve a representative cannabis oil sample for analysis.
Following remediation, all remediated botanical cannabis or cannabis oil shall be subject to laboratory testing and approved upon satisfaction of applicable testing standards applied to cannabis oil generally, cannabis fails retesting after remediation, it shall be considered usable cannabis and may be processedl into cannabis oil, unless the failure is related to pesticide requirements, in which case the batch shall not of 7 be consideredmore usablestringent cannabisthan andinitial shalltesting notprior beto processedremediation. into cannabis oil.
If the a batch of botanical cannabis fails retesting after remediation, it shall be considered usable cannabis and may be processed into cannabis oil, unless the failure is related to pesticide requirements, in which case the batch shall not be considered usable cannabis and shall not be processed into cannabis oil.
A laboratory testing samples for a pharmaceutical processor shall obtain a controlled substances registration certificate pursuant to § 54.1-3423 and shall comply with quality standards established by the of 6 Board in regulation.
With the exception of § 2.2-4031, neither the provisions of the Administrative Process Act of 7 (§ 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 Eoto this section, the Board of Pharmacy shall publish a notice of opportunity to comment in the Virginia Register of Regulations and post the action on the Virginia Regulatory Town Hall.
(ii) the text ofRtheof the proposed regulation;
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and (iii) the name, address, and telephone number of the agency contact person lastresponsible date prescribed in such notice for submittalsreceiving of public comment.comments.
TheSuch legislativenotice reviewshall provisionsbe ofmade subsectionsat Aleast and60 Bdays ofin §advance 2.2-4014of shall apply to the promulgationlast ordate finalprescribed adoptionin processsuch forLnotice regulationsfor pursuantsubmittals toof thispublic section.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.
Lof 6 O.
The Board shall register all cannabis products that meet testing, labeling, and packagingEstandards.packaging standards.
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, and has been issued a valid written certification, and is registered with the an incapacitated adult as defined in § 18.2-369, such patient's parent or legal guardian who is a Virginia or resident or temporarily resides in Virginia as made evident to the Board and is registered with the Board pursuant to § 54.1-3408.3.54.1-3408.3;
(ii) such patient's registered agent;
or (iii) if such patient is a minor or an incapacitated adult as defined in § 18.2-369, such patient's parent or legal guardian who is a Virginia resident or temporarily resides in Virginia as made evident to the Board and is registered with the Board pursuant to § 54.1-3408.3.
Prior to the initial dispensing ofScannabisof cannabis oil products pursuant to each written certification, a pharmacist or pharmacy technician employed b6by the pharmaceutical processor or cannabis dispensing facility shall make and maintain, on site or re1otelyremotely by electronic means, for two years a paper or electronic copy of the written certification that prRvidesprovides an exact image of the document that is clearly legible;
and shall verify current board registration of the practitioner and the corresponding patient, registered agent, parent, or agent, parent, legal guardian,guardian orif designatedapplicable. caregiver facility.
PriorThereafter, toan anyinitial subsequent dispensing ofteredmay cannabisbe oildelivered products pursuant to each written certification, an employee or delivery agent shall view a current photo identification of the patient, registered agent, parent, or legal guardianguardian, and the current board registration issued to the patient, registered agent, parent, or legaldesignated guardiancaregiver iffacility. applicable.
Prior to any subsequent dispensing of cannabis oil products pursuant to each written certification, an employee or delivery agent shall view a current photo identification of the patient, registered agent, parent, or legal guardian and the current board registration issued to the patient, registered agent, parent, or legal guardian if applicable.
determiningA the appropriate amount of a cannabis product to be dispensed to a patient, a pharmaceutical processor or cannabis dispensing facility shallmay considerdispense allless cannabisthan productsa dispensed90-day tosupply. the patient and adjust the amount dispensed accordingly.
In determining the appropriate amount of a cannabis product to be dispensed to a patient, a pharmaceutical processor or cannabis dispensing facility shall consider all cannabis products dispensed to the patient and adjust the amount dispensed accordingly.
The Board shall report annually by December 1 to the Chairmen of the House Committee for Health, Welfare and Institutions and the Senate Committee on Education and Health on the operation of pharmaceutical processors and cannabis dispensing facilities issued a permit by the Board, including the number of practitioners, patients, registered agents, and parents or legal guardians of patients who have registered with the Board and the number of written certifications issued pursuant to § 54.1-3408.3.
The concentration of delta-9-tetrahydrocannabinol in any cannabis product on site may be up to 10 percent greater than or less than the level of delta-9-tetrahydrocannabinol measured for labeling.
That the Board of Pharmacy shall amend its regulations, including subsection A of 18VAC110-60-280 of the Virginia Administrative Code, to permit the use of hydrocarbon-based manufacturingsolvents, processand ofany cannabisother products.technology,generally accepted technology, in the cultivation, extraction, production, or 3.manufacturing process of cannabis products.
That3. the Board of Pharmacy shall amend its regulations, including subsection B of of 7 18VAC110-60-330 of the Virginia Administrative Code, to (i) require only the presence of a pharmacist or the responsible party to witness destruction and disposal of green waste, extracts, and cannabis oil, as applicable;
That the Board of Pharmacy shall amend its regulations, including subsection B of 18VAC110-60-330 of the Virginia Administrative Code, to (i) require only the presence of a pharmacist or the responsible party to witness destruction and disposal of green waste, extracts, and cannabis oil, as applicable;
The regulations shall state that wholesale cannabis oil, botanical cannabis, and usable cannabis shall be packaged in a tamper-evident container and labeled with (a) the of 6 seller's name and address;
of 7 12.
That the Board of Pharmacy's initial adoption of regulations necessary to implement the theprovisions Code of Virginia),this exceptact that the Board of Pharmacy shall providebe anexempt opportunityfrom for publicf comment on the regulationsAdministrative priorProcess toAct adoption(§ of2.2-4000 suchet regulations.seq.
Nof actthe byCode Septemberof 15,Virginia), 2022.macyexcept shallthat amendthe andBoard promulgateof regulationsPharmacy inshall accordanceprovide witRan thisopportunity Ofor Lpublic Lcomment Eon Dthe Sregulations Eprior Rto adoption of such regulations.
13.
That the Board of Pharmacy shall amend and promulgate regulations in accordance with this act by September 15, 2022.
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View plain text versions (5)
- CHAP0392 View text Current pdf April 11, 2022
- SB671ER View text pdf March 04, 2022
- Committee Substitute Committee substitute printed 22106881D-H1 pdf February 22, 2022
- Committee Substitute Committee substitute printed 22106025D-S1 pdf February 10, 2022
- Presented and ordered printed 22103789D View text pdf January 20, 2022
Action History
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Approved by Governor-Chapter 392 (effective 7/1/22)
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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 11, 2022
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Signed by Speaker
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Impact statement from DPB (SB671ER)
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Signed by President
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Enrolled
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Title replaced 22106881D-H1
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House substitute agreed to by Senate (40-Y 0-N)
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VOTE: Passage (94-Y 4-N)
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Passed House with substitute (94-Y 4-N)
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Engrossed by House - committee substitute SB671H1
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Committee substitute agreed to 22106881D-H1
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Read third time
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Read second time
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Impact statement from DPB (SB671H1)
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Reported from Health, Welfare and Institutions with substitute (19-Y 1-N)
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Committee substitute printed 22106881D-H1
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Referred to Committee on Health, Welfare and Institutions
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Read first time
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Placed on Calendar
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Impact statement from DPB (SB671S1)
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Passed Senate (40-Y 0-N)
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Constitutional reading dispensed (40-Y 0-N)
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Engrossed by Senate - committee substitute SB671S1
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Committee substitute agreed to 22106025D-S1
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Reading of substitute waived
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Read second time
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Constitutional reading dispensed (40-Y 0-N)
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Committee substitute printed 22106025D-S1
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Reported from Education and Health with substitute (15-Y 0-N)
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Impact statement from DPB (SB671)
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Senate subcommittee amendments and substitutes offered
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Assigned Education sub: Health Professions
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Referred to Committee on Education and Health
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Presented and ordered printed 22103789D
Sponsors
- Siobhan S. Dunnavant · Primary
Sponsorship breakdown
Export CSV (upgrade) →1 sponsors · 0 co-sponsors · 147 not signed on · 4 voted No
Sponsors (1)
Co-sponsors (0)
None.
Not signed on (147)
147 members have not signed on to this bill.
Show all 147 →"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
| 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 | 93 | 4 | 0 | 2 |
| Total | 93 | 4 | 0 | 2 |
| % of votes cast | 94% | 4% | 0% | 2% |
How each member voted (99)
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 19 | 1 | 0 | 2 |
| Total | 19 | 1 | 0 | 2 |
| % of votes cast | 86% | 5% | 0% | 9% |
How each member voted (22)
| Member | Party | Vote |
|---|---|---|
| March, Marie E. | — | Yea |
| Adams, Dawn M. | — | Not Voting |
| Bell, Robert B. | — | Yea |
| C.E. Cliff Hayes, Jr. | — | Yea |
| Christopher T. Head | — | Yea |
| Edmunds, James E., II | — | Yea |
| Fariss, C. Matthew | — | Not Voting |
| Guzman, Elizabeth R. | — | Yea |
| H. Otto Wachsmann, Jr. | — | Yea |
| Hudson, Sally L. | — | Yea |
| Karrie K. Delaney | — | Yea |
| Kathy K.L. Tran | — | Yea |
| M. Keith Hodges | — | Yea |
| Marcia S. "Cia" Price | — | Nay |
| Mike A. Cherry | — | Yea |
| Orrock, Robert D., Sr. | — | Yea |
| Patrick A. Hope | — | Yea |
| Phillip A. Scott | — | Yea |
| Robinson, Roxann L. | — | Yea |
| Rodney T. Willett | — | Yea |
| Sickles, Mark D. | — | 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 | 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 |
|---|---|---|
| Barker, George L. | — | Yea |
| Cosgrove, John A., Jr. | — | Yea |
| David R. Suetterlein | — | Yea |
| Dunnavant, Siobhan S. | — | Yea |
| Edwards, John S. | — | Yea |
| Hashmi, Ghazala F. | — | Yea |
| Howell, Janet D. | — | Yea |
| L. Louise Lucas | — | Yea |
| Lewis, Lynwood W., Jr. | — | Yea |
| Mamie E. Locke | — | Yea |
| Mark J. Peake | — | Yea |
| Newman, Stephen D. | — | Yea |
| Petersen, J. Chapman | — | Yea |
| Saslaw, Richard L. | — | Yea |
| Todd E. Pillion | — | Yea |
Subjects
Frequently asked questions
- What does SB 671 do?
- Pharmaceutical processors. Amends the definition of "cannabis oil" by removing the requirement that only oil from industrial hemp be used in the formulation of cannabis oil. The bill removes the Board of Pharmacy patient registration requirement for medical cannabis but maintains the requirement that patients obtain written certification from a health care provider for medical cannabis. The bill directs the Board to promulgate numerous regulations related to pharmaceutical processors by September 15, 2022. This bill is identical to HB 933.
- Who sponsors SB 671?
- SB 671 is sponsored by Dunnavant, Siobhan S..
- What is the current status of SB 671?
- This bill has been enacted into law. Introduced January 20, 2022. Enacted.
- Where can I track SB 671?
- Track SB 671 free on One Click Politics — get push/email alerts when it moves.
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