SB 772 — Cannabis; definitions, dispensing products, patient registration.
Last action — Left in Health, Welfare and Institutions
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✓Introduced
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✓In Committee
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3Passed Senate
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4Passed House of Delegates
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5To Executive
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6Enacted
This bill died with 2022 Regular Session. It reached “Passed Senate” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.
Summary
Board of Pharmacy; cannabis registration. Eliminates the Board of Pharmacy patient registration requirement for medical cannabis. The bill maintains the requirement that patients obtain a written certification from a health care provider to obtain medical cannabis.
Bill Text
What changed in the latest version
269 added · 280 removedPlain-language change summary
The amendments to SB 772 include clarifications to the definitions of "cannabis oil" and "cannabis product," specifying the requirements for how cannabis oil can be formulated and what it includes. The term "designated caregiver facility" was also added, defining specific types of facilities that provide pharmaceutical services. These changes clarify how cannabis products are regulated and expand the definition of facilities that can assist patients, which could impact access to cannabis-based treatments.
SESSION LEGISLATIONSENATE NOTSUBSTITUTE PREPARED22106018D BY DLS INTRODUCED 22104985D I SENATE BILL NO.
772 OfferedAMENDMENT JanuaryIN 21,THE 2022NATURE NOF A SUBSTITUTE (Proposed by the Senate Committee on Education and Health on February 10, 2022) (Patron Prior to Substitute––Senator Marsden) A BILL to amend and reenact §§ 54.1-3408.3, 54.1-3442.5, 54.1-3442.654.1-3442.6, and 54.1-3442.7 of the CodTCode of Virginia,Be relatingit toenacted by the BoardGeneral Assembly of Pha––––––––––nabisVirginia:nnabis registration.products;
Rpatient Patron––Marsdenregistration. –––––––––– O Referred to Committee on Education and Health D –––––––––– Be it enacted by the General Assembly of Virginia:
U 1.
That §§ 54.1-3408.3, 54.1-3442.5, 54.1-3442.654.1-3442.6, and 54.1-3442.7 of the Code of Virginia are C amended and reenacted as follows:
§ 54.1-3408.3.
Certification for use of cannabis oil for treatment.
As used in this section:nsection: for use of cannabis oil for treatment.
Eof "Botanicalthe cannabis"same meanschemovar of cannabis thatplant.that is composed wholly of usable cannabis from the samesameSparts parts"Cannabis oil" means any formulation of processed Cannabis plant extract, which may include oil from industrial hemp extract acquired by a pharmaceutical processor pursuant to § 54.1-3442.6, or a dilution of the sameresin chemovarof the Cannabis plant that contains at least five milligrams of cannabiscannabidiol plant.(CBD) or tetrahydrocannabinolic acid (THC-A) and no more than 10 milligrams of delta-9-tetrahydrocannabinol per dose.
"Cannabis oil" means any formulation of processed Cannabis plant extract, which may include oil from industrial hemp extract acquired by a pharmaceutical processor pursuant to § 54.1-3442.6, or a dilution of the resin of the Cannabis plant that contains at least five milligrams of cannabidiol (CBD) or tetrahydrocannabinolic acid (THC-A) and no more than 10 milligrams of delta-9-tetrahydrocannabinol per dose.
unless it has been acquired and formulatedformulateA with "Cannabis product" means a product that is (i) produced by a pharmaceutical processor, registeredregisTered with the Board, and compliant with testing requirements and (ii) composed of cannabis oil or botanical cannabis.
2E "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 63.2-1701.ityfacility licensed pursuant to § 63.2-1701, or adult day care center licensed pursuant totoS "Practitioner"§ means63.2-1701. a practitioner of medicine or osteopathy licensed by the Board of Medicine, a physician assistant licensed by the Board of Medicine, or a nurse practitioner jointly licensed by the Board of Medicine and the Board of Nursing.
35U "Registered"Practitioner" means a practitioner of medicine or osteopathy licensed by the Board of MedicBne, a physician assistant licensed by the Board of Medicine, or a nurse practitioner jointly licensed by the Boa"Registered agent" means an individual designated by a patient who has been issued a writtenwrittenS 36 certification, or, if such patient is a minor or an incapacitated adult as defined in § 18.2-369, designated 3736 by such patient's parent or legal guardian, and registered with the Board pursuant to subsection G.
3837 "Usable cannabis" means any cannabis plant material, including seeds, but not (i) resin that has been from38 theextracted stalks,from or any otherpart compound,of manufacture,the salt,cannabis orplant, derivative,its mixture,seeds, or preparationits ofresin; theoduced mature stalks;
or(ii) (iii)the oilmature orstalks,Tfiber cakeproduced made39 from the seedsstalks, or any other compound, manufacture, salt, or derivative, mixture, or preparatiUn of the plant.matB.
B.
A written certification shall notEot be issued to a patient by more than one practitioner during any given time period.
The practitioner shall use his professional judgment to determine the manner and frequency of patient care and evaluation and maypatient employ the use of telemedicine, provided that the use of telemedicine includes the delivery of consistent with the standard of care tothrough dispensereal-time botanicalinteractive cannabisaudio-visual totechnology. a minor, the written certification shall specifically authorize such dispensing.
If a practitioner determines it is consistent with the standard of care to dispense botanical cannabis to a minor, the written certification shall specifically authorize such dispensing.
S C.
The written certification shall be on a form provided by the Office of the Executive SecretarySecr7tary of shall contain the Supremename, Courtaddress, developedand intelephone consultationnumber withof the Boardpractitioner, the name and address of Medicine.the patient issued the written certification, the date on which the written certification was made, and the signature or authentic electronic signature of the practitioner.
Such written certification shall contain the name, address, and telephone number of the practitioner, the name and address of the patient issued thepursuant written certification, the date on which the written certification was made, and the to subsection B shall expire no later than one year after its issuance unless the practitioner provides intin SB772 2 of 5 such written certification an earlier expiration.
No practitioner shall be prosecuted under § 18.2-248 or 18.2-248.1 for the issuance of a SB772S1 2 of 5 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.
JI.J.
ARTICLE 4.2.
PERMITTING OF PHARMACEUTICAL PROCESSORS TO PRODUCE AND DISPENSE CANNABIS PRODUCTS.
"Pharmaceutical processor" means a facility that (i) has obtained a permit from the Board pursuant to § 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 products to of 5 a registered patientpatient, 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.
I "Practitioner" has the same meaning as specified in § 54.1-3408.3.
N"Registered 2017,agent" c.has the same meaning as specified in § 54.1-3408.3.
613;of 5 A.
2018,No cc.person shall operate a pharmaceutical processor or a cannabis dispensing facility without first obtaining a permit from the Board.
246, 809;
2019, c.
690;
2020, c.
1278;
2021, Sp.
Sess.
I, cc.
205, 227, 228.
Show all 110 changed lines (70 more)
§ 54.1-3442.6.
Permit to operate pharmaceutical processor or cannabis dispensing facility.
T A.
No person shall operate a pharmaceutical processor or a cannabis dispensing facility withRut first obtaining a permit from the Board.
The Board shall establish an appliDationapplication fee and other general requirements for such application.
Permits shall be displayed in a conspicuous place on the premises of the pharmaceutical processErprocessor and cannabis dispensing facility.
The Board shall adopt regulations establishing health, safety, and security requirements for pharmaceuticalfor processors(i) andphysical cannabisstandards; dispensing facilities.
Such regulations shall include requirements for (i) physical standards;
(iv) minimum cannabisequipment product and theresources; amounts recommended by the practitioner or dispensing pharmacist, andical packaging;
(v) recordkeeping;
(vi) labeling, including the potency of each botanical cannabis product and the amounts recommended by the practitioner or dispensing pharmacist, and S packaging;
(viii) processes for safely and securely dispensing and delivering in person cannabis products to a registered patient, 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;
(ix) dosage limitations for cannabis oil that provide that each dispeSseddispeNsed dose of cannabis oil not exceed 10 milligrams of delta-9-tetrahydrocannabinol;
(x) a process for the wh7lesalewholesale distribution of and the transfer of usable cannabis, botanical cannabis, cannabis oil, and cann2biscannAbis products between pharmaceutical processors, between a pharmaceutical processor and a cannabis dispensing facility, and between cannabis dispensing facilities;
(xi) an allowance for the salesaleTof of devices for administration of dispensed cannabis products and hemp-based CBD products that meet the applicable standards set forth in state and federal law, including the laboratory testing standards set forth in subsection M;
(xiii) a process for acquiring oil from industrial hemp extract and formulating such oil extractextracS with and promotion of the pharmaceutical processor's products and operations, which shall not limit thertising pharmaceutical processor from the provision of educational material to practitioners who issue written certifications and registered patients.
The Board shall also adopt regulations for pharmaceutical processors that include requirements for (a) processes for safely and securely cultivating CannabisCannSbis plants intended for producing cannabis products, (b) the secure disposal of agricultural waste, and (c) a process forforD. registering cannabis oil products.
D.The Board shall require that, after processing and before dispensing any cannabis products, a pharmaceutical processor shall make a sample available from each batch of cannabis product for testing by an independent laboratory located in Virginia meeting Board requirements.
TheA Boardvalid shallsample requiresizT that,for aftertesting processingshall andbe beforedetermined dispensingby anyeach cannabislaboratory products,and amay byvary andue independentto laboratorysample locatedmatrix, inanalytical Virginiamethod, meetingand Boardlaboratory-specific requirements.procedures.
A validminimum sample size forngof testing0.5 shallpercent beof determinedindividual byunits eachfor laboratoryrepresentative andcannabis mayoil vary due to sample matrix,for analyticalanalysis. method, and laboratory-specific procedures.
A minimum sample sizesize, ofto 0.5be percentdetermined ofby individualtheT unitscertified fortesting dispensinglaboratory, or distribution from each homogenized batch of botanical cannabis oil is required to achieve a representativereEresentative cannabisbotanical oilcannabis sample for analysis.
ABotanical minimumcannabis sampleproducts size,shall toonly be determinedtested byfor the certifiedfollowing: testing laboratory, from each batch of botanical cannabis is required to achieve a representative botanical cannabis sample for analysis.
Botanicaltotal cannabiscannabidiol products(CBD); shall only be tested for the residue;
total tetrahydrocannabinol (THC);
terpenes;
pesticide chemical residue;
Testing thresholds shall beremediate consistentcannabis withoil generallythat acceptedfails cannabisany industryquality thresholds.testing standard.
The pharmaceutical processor may remediate cannabis oil that fails any quality testing standard.
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, ininSwhich which case the batch shall not be considered usable cannabis and shall not be processed into cannabis oil.oil.7Stability pharmaceutical processor of six months or less from the date of packaging.ion date assigned by 2he E.
StabilityA laboratory testing samples for a pharmaceutical processor ofshall sixobtain monthsa orcontrolled lesssub1tances fromregistration thecertificate datepursuant ofto packaging.ion§ date54.1-3423 assignedand byshall thecomply SB772with 4quality ofstandards 5established E.by the Board in regulation.
A laboratory testing samples for a pharmaceutical processor shall obtain a controlled substances registration certificate pursuant to § 54.1-3423 and shall comply with quality standards established by the Board in regulation.
Every pharmaceutical processor's dispensing area or cannabis dispensing facility shall be under the personal supervision of a licensed pharmacist on the premises of the pharmaceutical processor or SB772S1 4 of 5 cannabis dispensing facility.
A pharmaceutical processor may process and formulate such oil extract with cannabis plant extract into an allowable dosage of cannabis oil.
The legislative review provisions of of 5 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 of Pharmacy shall consider and keep on file allIpublicall comO.public comments received for any regulation adopted pursuant to this section.
O.
2017,§ c.54.1-3442.7.
613;
2018, c.
567;
2019, cc.
417, 681, 690;
2020, cc.
831, 928, 944, 1278;
2021, Sp.
Sess.
I, cc.
205, 227, 228, 550, 551.
T § 54.1-3442.7.
Rof 5 A.
A pharmaceutical processor or cannabis dispensing facility shall dispense or deliver cannObiscannabis 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)A suchcompanion patient'smay accompany a registered agent;patient into a pharmaceutical processor's dispensing area or cannabis dispensing facility.
orPrior (iii)to ifthe suchinitial patientdispensing isof acannabis minoroil orpharmaceutical anprocessor incapacitatedor adultcannabis asdispensing definedfacility inshall §make 18.2-369,and suchmaintain, patient'son parentsite or legalremotely guardianby whoelectronic isUameans, Virginiafor residenttwo oryears temporarilya residespaper inor Virginiaelectronic ascopy madeof evidentthe towritten thecertification Boardthat andprovides isan registeredexact withimage of the Boarddocument pursuantthat tois §clearly 54.1-3408.3.legible;
A companion may accompany a registered patient into a pharmaceuticalC processor's dispensing area or cannabis dispensing facility.
Prior to the initial dispensing ofEcannabis products oil pursuant to each written certification, a pharmacist or pharmacy technician employed by the electronic means, for two years a paper or electronic copy of the written certification that provides an exact image of the document that is clearly legible;
and shall verify current board registration of the practitioner and the corresponding patient, registered agent, parent, or legal guardian if applicable.
Prior to any subsequent dispensing of cannabis oil 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 issuedprocessor toor thecannabis patient,dispensing registeredfacility parent,shall dispense more than a 90-day supply of a cannabiNcal product, as determined by the dispensing pharmacist or legalcertifying guardianpractitioner, iffor applicable.any patient during any 90-day period;
Nohowever, a pharmaceutical processor or cannabis dispensing facility shallmay dispensedispenseAmore morebe thandispensed afor 90-dayeach supply,30-day ofperiod a cannabis product, as determined by the dispensing pharmacist or certifying practitioner, for anywhich patientbotanical duringcannabis anyis 90-daydispensed. period.
A pharmaceuticalpharmaceuticalbis shall processor or cannabis dispensing facility may dispense less than a 90-day supplysupply. of a cannabis product for any patient during any 90-day period;
however,In determining the appropriate amount of a cannabis product to be dispensed to a patient, a pharmaceutical processorprocessEr or cannabis dispensing facility mayshall dispenseconsider moreall than one cannabis productproducts 30-daydispensed periodto forthe whichpatient botanicaland cannabisadjust isthe dispensed.amoB.
A pharmaceutical processor or cannabis each dispensing facility mayshall dispense lessonly thancannabis products produced on the premises of a 90-daypharmaceutical supply.processor permitted by the Board or cannabis oil that has been formulated with oil from industrial hemp acquired by a pharmaceutical processor from a registered industrial hemp dealer or processor pursuant to § 54.1-3442.6.
TheA Boardpharmaceutical shallprocessor establishmay inbUgin regulationculC. an amount of cannabis oil that constitutes a 90-day supply to treat or alleviate the symptoms of a patient's diagnosed condition or disease.
InThe determiningBoard theshall appropriatereport amountannually by December 1 to the Chairmen of athe cannabisHouse productCommittee tofor beB dispensedHealth, toWelfare aand patient,Institutions aand the Senate Committee on Education and Health on the operatSon of pharmaceutical processorprocessors orand cannabis dispensing facilityfacilities shallissued considera allpermit cannabisby productsthe dispensedBoard, toincluding the patientnumber of practitioners, patients, and adjustregistered theagents, amountand dispensedparents accordingly.or legal guardians of patTents who havD.
producedThe onconcentration the premises of adelta-9-tetrahydrocannabinol pharmaceuticalin processorany permitted by the Board or cannabis oilproduct thaton hassite beenmay formulatedbe withup oilto08.3. from industrial hemp acquired by a pharmaceutical processor from a registered industrial hemp dealer or processor pursuant to § 54.1-3442.6.
A10 pharmaceuticalpercent processorgreater maythan beginor cultivationless uponthan beingthe issuedlevel aof permitdelta-9-tetrahydrocannabinol bymeasured thefor Board.labTling.
C.
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 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.
D.
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.
T E B S 1
Show all 110 changed rows (70 more)
View plain text versions (2)
- Committee Substitute Committee substitute printed 22106018D-S1 Current pdf February 10, 2022
- Presented and ordered printed 22104985D View text pdf January 21, 2022
Action History
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Left in Health, Welfare and Institutions
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Assigned HWI sub: Subcommittee #3
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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 (SB772S1)
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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 SB772S1
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Committee substitute agreed to 22106018D-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 22106018D-S1
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Reported from Education and Health with substitute (15-Y 0-N)
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Impact statement from DPB (SB772)
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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 22104985D
Sponsors
- David W. Marsden · Primary
Sponsorship breakdown
Export CSV (upgrade) →1 sponsors · 0 co-sponsors · 147 not signed on
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
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 | 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 772 do?
- Board of Pharmacy; cannabis registration. Eliminates the Board of Pharmacy patient registration requirement for medical cannabis. The bill maintains the requirement that patients obtain a written certification from a health care provider to obtain medical cannabis.
- Who sponsors SB 772?
- SB 772 is sponsored by David W. Marsden.
- What is the current status of SB 772?
- This bill died with 2022 Regular Session. It reached “Passed Senate” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
- Where can I track SB 772?
- Track SB 772 free on One Click Politics — get push/email alerts when it moves.
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