Cannabis products; retail sale by certain pharmaceutical processors & industrial hemp processors.
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SB 313 — Cannabis products; retail sale by certain pharmaceutical processors & industrial hemp processors.
Last action — Stricken from Senate calendar (38-Y 2-N)
No card. One bill, free forever — alerts when it moves.
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✓Introduced
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2In 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 “In Committee” 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This bill is no longer active — its legislative session has ended, so there is no live prognosis.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
Retail sale of cannabis products by certain pharmaceutical processors and industrial hemp processors; sunset. Allows certain pharmaceutical processors and industrial hemp processors to sell, under the oversight of the Board of Directors of the Virginia Cannabis Control Authority (the Board), cannabis products at retail to unregistered persons who are 21 years of age or older without the need for a written certification. The bill directs the Board to adopt and enforce regulations governing such sales that shall model certain Board of Pharmacy regulations and comply with other requirements set forth in the bill. The bill requires pharmaceutical processors and industrial hemp processors engaging in such sales to pay a $1 million fee and collect a 21 percent excise tax, both of which shall ultimately be allocated to the Virginia Cannabis Control Authority to be used to assist independent cannabis retailers located in designated rural and urban opportunity zones. The bill also requires such pharmaceutical processors and industrial hemp processors to submit and comply with a plan describing how the processor will educate consumers about responsible consumption of cannabis products and incubate independent cannabis retailers or support and educate persons that wish to participate in the cannabis market. The bill has a delayed effective date of January 1, 2023, and shall expire when pharmaceutical processors and industrial hemp processors engaging in the sale of cannabis products pursuant to the provisions of the bill are authorized by the Virginia Cannabis Control Authority to apply for and be granted licenses to cultivate, manufacture, wholesale, and sell at retail to consumers 21 years of age or older retail marijuana and retail marijuana products.
Bill Text
What changed in the latest version
104 added · 147 removedPlain-language change summary
The recent amendment to SB 313 makes it easier for pharmaceutical and industrial hemp processors in Virginia to sell cannabis products by removing the previous requirement for written certification at the point of sale. Additionally, the amendment clarifies that the processors will need to follow regulations similar to those governing pharmaceutical sales, but with certain exceptions for packaging and reporting. This change is important as it aims to streamline the sales process while still ensuring regulations are upheld, which can enhance consumer safety and access to cannabis products.
SESSION SENATE SUBSTITUTE 22106563D22106562D SENATE BILL NO.
313 FLOOR AMENDMENT IN THE NATURE OF A SUBSTITUTE (Proposed by Senator EbbinMorrissey on February 14, 2022) (Patrons Prior to Substitute––Senators Ebbin and Dunnavant [SB 621]) A BILL to allow certain pharmaceutical processors and industrial hemp processors to sell cannabis Be it enacted by the General Assembly of Virginia:
That, notwithstanding any other provision of law, any pharmaceutical processorsprocessor that holdholds a permit pursuant to § 54.1-3442.6 of the Code of Virginia and any industrial hemp processors,processor, subject to the provisions of § 6, that are registered with the Commissioner of Agriculture and Consumer Services pursuant to Chapter 41.1 (§ 3.2-4112 et seq.) of Title 3.2 of the Code of Virginia shall be authorized to, Code of Virginia to unregisteredsell persons who are 21 years of age or older without the need for a of the written certification.
AllThe Board of Directors of thee Virginia Cannabis Control Authority (the Board) shall adopt, by January 1, 2023, and enforce regulations governing sales and related activities conducted pursuant to this act that shall bemodel, subject to allthe greatest extent practicable, the regulations of the Board of Pharmacy governing pharmaceutical processors set forth in 18VAC110-60 of the Virginia E Administrative Code, subject to the following exceptions and requirements:
1.Administrative Code shall not apply;.) of 18VAC110-60 and 18VAC110-60-310 of the Virginia A 2.
PartPharmaceutical IIprocessors (18VAC110-60-30and etindustrial seq.)hemp ofprocessors 18VAC110-60engaging andin 18VAC110-60-310sales ofpursuant theto VirginiathT Nprovisions Administrativeof Codethis shallact notshall: apply;
provisions of this act shall:rs and industrial hemp processors engaging in sales pursuant to thA a.
Sell cannabis products only in opaque, child-resistant, tamper-evident, and resealable paTkaging;paEkaging;
Report quarterly to the Board of Pharmacy data regarding all sales conducted pursuant to this act, including information regarding violations, errors, and omissions;
Eprocessor c.or industrial hemp processor, necessary to serve the demand for sales created by this act;
Ind. the case of pharmaceutical processors, be permitted to cultivate in no more than 150,000 square feet of canopy the number of cannabis plants, as determined by the pharmaceutical processor, necd.
In the case of industrialpharmaceutical hemp processors, bededicate permitteda tosufficient cultivatenumber in no more than 75,000 square feet of canopyregisters theat numbereach offacility cannabisto plants,registered aspatient determinedsales byand themaintain industrialsufficient hempinventory processor,of necessarycannabis products to servesatisfy thetUe demanddemands forof salessuch createdpatients; by this act;
UB e.
InSubmit to the caseBoard ofand, pharmaceuticalupon processors,approval dedicateby the Board, comply with a sufficientplan numberdescribing ofhow registersthe atdetermined eaBhby facilitythe toBoard, registered(i) patienteducate salesconsumers about responsible consumption of cannabis productsrea and maintain(ii) sufficientincubate inventoryno ofmore than five independent cannabis productsretailers for a period of six months or support 36 and educate persons that wish to satisfyparticipate in the demandscannabis ofmarket; f.
Submit to the Board of Directors of the Virginia Cannabis Control Authority and, upon approval by the Board of Directors, comply with a diversity, equity, and inclusion plan describing how the 36 pharmaceutical processor or industrial hemp processor will, in its health service area or other area 37 determinedf. by the Board of Directors, (i) educate consumers about responsible consumption of cannabis 38 products and (ii) incubate five qualified social equity applicant retailers for a period of sixTmonths or 39 support and educate qualified social equity applicants that wish to participate in the cannabisUmarket;
Pay a one-time $1 million fee to the Department of Taxation prior to engaging in sales pursuant 38 to this act;
andeT $639 million3. fee to the Department of h.
InPharmaceutical theprocessors caseand of industrial hemp processors,processors pay a one-time $3 million fee to the Department of Taxation prior to engaging in sales pursuant to thisthU act;proa.
EIn 3.the case of pharmaceutical processors, deliver cannabis products or sell cannabis products at any location other than the pharmaceutical processor and cannabis dispensing facilities for which the pharmaceutical processor holds a permit pursuant to § 54.1-3442.6 of the Code of Virginia;
PharmaceuticalE processorsb. and industrial hemp processors engaging in sales pursuant to the provisions of this act shall not:
pharmaceuticalIn processors, the pharmaceuticalcase processorof andindustrial cannabishemp dispensingprocessors, facilitiesdeliver forcannabis whichproducts theor pharmaceuticalsell processorcannabis holdsproducts aat permitany pursuantlocation toother §than 54.1-3442.6 of the Code of Virginia or, in the case of industrial hemp processors, the industrial hemp processing facility for which the industrial hemp processor is registered with the Commissioner of Agriculture and Consumer Services pursuant to Chapter 41.1 (§ 3.2-4112 et seq.) of Title 3.2 of the Code of Virginia and up to twofive additionalSretailadditional retail locations, as determined by the BoardBoard; of Pharmacy in a manner that ensures geographic dispersio3 of processor facility or industrial hemp processing facility is located within one-half mile of a public or private elementary or secondary school, the pharmaceutical processor or industrial hemp processor may exercise its retail privileges for such facility at another location that is within a 10-mile radius and has been approved by the Board of Pharmacy;
b.
Advertise cannabis products to persons younger than 21 years of age;
SellAdvertise to a person in a single transaction more than (i) one ounce of botanical cannabis products, SB313S3 2 of 3 (ii) five grams of cannabis concentrate products, or (iii) a quantity of infused cannabis products thatto containspersons moreyounger than 50021 milligramsyears of tetrahydrocannabinol;age;
Sell anyto nonbotanicala person in a single transaction more than (i) one ounce of botanical cannabis productproducts, with(ii) anfive individualgrams unitof dosecannabis containingconcentrate products, or (iii) a quantity of infused cannabis produSts that contains more than 10500 milligrams of tetrahydrocannabinol;
or3 e.milligrams of tetrahydrocannabinol;s product with an individual unit dose containing more than 30 f.
Be subjectrequired to administrativecomply action,with liability,any Board regulation, requirement, or otherrestriction penaltythat baseddoes onnot model, to the actsgreatest orextent omissionspracticable, the regulations of anythe independentBoard cannabisof retailer;Pharmacy or exceptions thereto set forth in this act unless such regulation, requirement, or restriction is adopted by the General Assembly;
or g.
Be subject to administrative action, liability, or other penalty based on the acts or omissions of SB313S2 2 of 2 any independent cannabis retailer;
For the purposes of this act, "canopy" means any area dedicated to live marijuana plant cultivation, including areas in which plants are grown, propagated, cloned, or maintained.
If any such areas are stacked vertically, each level of space shall be measured and included in the total canopy square footage.
The Board of PharmacyDirectors of the Virginia Cannabis Control Authority may suspend the privileges of a pharmaceutical processor or industrial hemp processor to engage in sales under this act for substantial and repeated violations of the provisions of this act.
The Department of Taxation shall deposit tax revenues from the 21 percent excise tax, as well as the fees received from pharmaceutical processors and industrial hemp processors pursuant to § 1, into the account of the Virginia Cannabis Control Authority to be used to provideassist loansindependent tocannabis qualifiedretailers sociallocated equityin applicantsrural whoand areurban inopportunity needzones ofdesignated capitalby for the start-upBoard of aDirectors licensedof cannabisthe business.Virginia Cannabis Control Authority.
Any locality may by ordinance levy a three percent tax on the sale of cannabis products by pharmaceutical processors or industrial hemp processors pursuant to this act.
Such local tax shall be in addition to any local sales tax imposed under Chapter 6 (§ 58.1-600 et seq.) of Title 58.1 of the Code of Virginia, any food and beverage tax imposed under Article 7.1 (§ 58.1-3833 et seq.) of Chapter 38 of Title 58.1 of the Code of Virginia, and any excise tax imposed on meals under § 58.1-3840 of the Code of Virginia.
If a town imposes a tax under this section, any tax imposed by its surrounding county under this section shall not apply within the limits of the town.
Nothing in this section shall be construed to prohibit a locality from imposing any tax authorized by law on a person or property regulated under this act.
Any locality that enacts an ordinance pursuant to this section shall, within 30 days, notify the Board of Pharmacy, the Virginia Cannabis Control Authority, and any pharmaceutical processor or industrial hemp processor in such locality of the ordinance's enactment.
The ordinance shall take effect on the first day of the second month following its enactment.
Any local tax levied under this section shall be remitted to Department of Taxation in the same manner as the 21 percent state excise tax and, thereafter, disbursed to the applicable locality.
Show all 54 changed lines (14 more)
The Board of PharmacyDirectors of the Virginia Cannabis Control Authority and the Department of Taxation may assess and collect fees from each pharmaceutical processor and industrial hemp processor that sells cannabis products pursuant to this act in an amount sufficient to recover the costs associated with the implementation of the provisions of this act.
The Board of Pharmacy shall, after consultation with the Board of Directors of the Virginia Cannabis Control Authority,Authority shall determine which industrial hemp processors shall be permitted to conduct sales and related activities pursuant to the provisions of this act and develop criteria for making such determinations.
(i) no more than 10five industrial hemp processors shall be permitted to conduct sales and related activities pursuant to the provisions of this actact; and (ii) an industrial hemp processor may not conduct sales and related activities pursuant to the provisions of this act unless the industrial hemp processor was registered with the Commissioner of Agriculture and Consumer Services pursuant to Chapter 41.1 (§ 3.2-4112 et seq.) of Title 3.2 of the Code of Virginia prior to March 31, 2021, and has processed no less than 40,000 pounds of hemp.
(ii) an industrial hemp processor may not conduct sales and related activities pursuant to the provisions of this act unless the industrial hemp processor was registered with the Commissioner of Agriculture and Consumer Services pursuant to Chapter 41.1 (§ 3.2-4112 et seq.) of Title 3.2 of the Code of Virginia prior to March 31, 2021;
and (iii) the industrial hemp processor has processed no less than 40,000 pounds of hemp.
No agent or employee of a pharmaceutical processor, cannabis dispensing facility, or industrial hemp processor shall be prosecuted under Chapter 11 (§ 4.1-1100 et seq.) of Title 4.1 or § 18.2-248, 18.2-248.1, or 18.2-250 of the Code of Virginia for possession or manufacture of marijuana or for possession, manufacture, or distribution of cannabis products, subject to any civil penalty, denied any right or privilege, or subject to any disciplinary action by a professional licensing board if such agent or employee (i) possessed or manufactured such marijuana for the purposes of producing cannabis products in accordance with the provisions of this act or (ii) possessed, manufactured, or distributed of 3 such cannabis products that are consistent with generally accepted cannabis industry standards in accordance with the provisions of this act.
governing§ sales,8. cultivation, extraction, processing, manufacturing, wholesaling, and other relatedons activities conducted pursuant to this act that shall model, to the greatest extent practicable, the regulations of the Board of Pharmacy governing pharmaceutical processors set forth in 18VAC110-60 of The Board of Directors of the Virginia Cannabis Control Authority's initial adoption of regulationsis act.
The Board of Directors of the Virginia Cannabis Control Authority's (the Board) initial adoption of regulations necessary to implement the provisions of this act shall be exempt from the Administrative Process Act (§ 2.2-4000 et seq.
of the Code of Virginia), except that the Board of Directors shall provide an regulationsopportunity adoptedfor bypublic thecomment Boardon of Directors of the Virginiaregulations Cannabisprior Control Authority, (i) oversight of all sales, cultivation, extraction, processing, manufacturing, wholesaling, and other related activities conducted pursuant to thisadoption. act shall transfer from the Board of Pharmacy to the Board of Directors of the Virginia Cannabis Control Authority and (ii) the Board of Directors of the Virginia CannabiS pursuant to this act.ll be vested with all powers and duties conferred upon the Board of Pharmacy § 9.
That§ the9. provisions of this act shall not become effective unless an act is passed during the 2022 Regular Session of the General Assembly that becomes law that establishes a comprehensive, statewide Commonwealth under the oversight of the Virginia Cannabis Control Authority.
IfThat such contingency isn the met, the provisions of this act shall become effective on SeptemberJanuary 15,1, 2022.2023.
A § 10.
That the provisions of this act shall expire when thepharmaceutical Virginiaprocessors Cannabisand Control Authority industrial hemp processors engaging in the sale of cannabis products pursuant to the provisions of this act are authorized by the Virginia Cannabis Control Authority to apply for and be granted licenEeslicenses to cultivate, manufacture, wholesale, orand sell at retail to consumers 21 years of age or older retail marijuana and retail marijuana products at, in the case of pharmaceutical processors, the pharmaceutical processor and cannabis dispensing facilities for which the pharmaceutical processor holds a permit pursuant to § 54.1-3442.6 of the Code of Virginia or, in the case of industrial hemp processors, at the industrial hemp processing facility for which the industrial hemp processor is registered with the Commissioner of Agriculture and Consumer Services pursuant to Chapter 41.1 (§ 3.2-4112 et seq.) of Title 3.2 of the Code of Virginia and any additional retail locations approved by the Board of Directors of the Virginia Cannabis Control Authority.
B S T I T U T E S S 3
Show all 54 changed rows (14 more)
View plain text versions (4)
- SB313S2 View text pdf February 14, 2022
- SB313S3 View text Current pdf February 14, 2022
- Committee Substitute Committee substitute printed 22105965D-S1 pdf February 04, 2022
- Prefiled Prefiled and ordered printed; offered 01/12/22 22104291D pdf January 11, 2022
Action History
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Stricken from Senate calendar (38-Y 2-N)
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Reconsideration of Passed by for the day agreed to (40-Y 0-N)
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Passed by for the day (21-Y 19-N)
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Read second time
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Passed by for the day
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Amendment by Senator Morrissey agreed to
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Reading of amendment waived
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Title replaced 22106562D-S2
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Substitute by Senator Morrissey agreed to (21-Y 18-N)
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Reading of substitute waived
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Ebbin floor substitute ruled out of order
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Committee substitute rejected 22105965D-S1
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Read second time
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Floor substitute printed 22106563D-S3 (Ebbin)
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Floor substitute printed 22106562D-S2 (Morrissey)
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Constitutional reading dispensed (40-Y 0-N)
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Reported from Finance and Appropriations (11-Y 3-N 2-A)
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Impact statement from DPB (SB313S1)
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Incorporates SB621 (Dunnavant)
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Committee substitute printed 22105965D-S1
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Rereferred to Finance and Appropriations
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Reported from Rehabilitation and Social Services with substitute (8-Y 7-N)
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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 22104291D
Sponsors
- Adam P. Ebbin · Primary
Sponsorship breakdown
Export CSV (upgrade) →1 sponsors · 0 co-sponsors · 147 not signed on · 33 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 | 21 | 19 | 0 | 0 |
| Total | 21 | 19 | 0 | 0 |
| % of votes cast | 53% | 48% | 0% | 0% |
How each member voted (40)
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 38 | 2 | 0 | 0 |
| Total | 38 | 2 | 0 | 0 |
| % of votes cast | 95% | 5% | 0% | 0% |
How each member voted (40)
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 21 | 18 | 0 | 1 |
| Total | 21 | 18 | 0 | 1 |
| % of votes cast | 53% | 45% | 0% | 3% |
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 | 11 | 3 | 0 | 2 |
| Total | 11 | 3 | 0 | 2 |
| % of votes cast | 69% | 19% | 0% | 13% |
How each member voted (16)
| 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. | — | Nay |
| Howell, Janet D. | — | Yea |
| L. Louise Lucas | — | Yea |
| Mamie E. Locke | — | Yea |
| Newman, Stephen D. | — | Nay |
| Norment, Thomas K., Jr. | — | Not Voting |
| Petersen, J. Chapman | — | Not Voting |
| R. Creigh Deeds | — | Yea |
| Ruff, Frank M., Jr. | — | Nay |
| Saslaw, Richard L. | — | Yea |
| Vogel, Jill Holtzman | — | Yea |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 8 | 7 | 0 | 0 |
| Total | 8 | 7 | 0 | 0 |
| % of votes cast | 53% | 47% | 0% | 0% |
How each member voted (15)
| Member | Party | Vote |
|---|---|---|
| Spruill, Lionell, Sr. | — | Yea |
| Morrissey, Joseph D. | — | Yea |
| Barbara A. Favola | — | Yea |
| Bill DeSteph | — | Nay |
| Bryce E. Reeves | — | Nay |
| Cosgrove, John A., Jr. | — | Nay |
| Hanger, Emmett W., Jr. | — | Nay |
| Jennifer B. Boysko | — | Yea |
| Jeremy S. McPike | — | Yea |
| Kiggans, Jennifer A. | — | Nay |
| Mamie E. Locke | — | Yea |
| Mason, T. Montgomery "Monty" | — | Yea |
| Ryan T. McDougle | — | Nay |
| Scott A. Surovell | — | Yea |
| Todd E. Pillion | — | Nay |
Subjects
Frequently asked questions
- What does SB 313 do?
- Retail sale of cannabis products by certain pharmaceutical processors and industrial hemp processors; sunset. Allows certain pharmaceutical processors and industrial hemp processors to sell, under the oversight of the Board of Directors of the Virginia Cannabis Control Authority (the Board), cannabis products at retail to unregistered persons who are 21 years of age or older without the need for a written certification. The bill directs the Board to adopt and enforce regulations governing such sales that shall model certain Board of Pharmacy regulations and comply with other requirements set forth in the bill. The bill requires pharmaceutical processors and industrial hemp processors engaging in such sales to pay a $1 million fee and collect a 21 percent excise tax, both of which shall ultimately be allocated to the Virginia Cannabis Control Authority to be used to assist independent cannabis retailers located in designated rural and urban opportunity zones. The bill also requires such pharmaceutical processors and industrial hemp processors to submit and comply with a plan describing how the processor will educate consumers about responsible consumption of cannabis products and incubate independent cannabis retailers or support and educate persons that wish to participate in the cannabis market. The bill has a delayed effective date of January 1, 2023, and shall expire when pharmaceutical processors and industrial hemp processors engaging in the sale of cannabis products pursuant to the provisions of the bill are authorized by the Virginia Cannabis Control Authority to apply for and be granted licenses to cultivate, manufacture, wholesale, and sell at retail to consumers 21 years of age or older retail marijuana and retail marijuana products.
- Who sponsors SB 313?
- SB 313 is sponsored by Adam P. Ebbin.
- What is the current status of SB 313?
- This bill died with 2022 Regular Session. It reached “In Committee” 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 313?
- Track SB 313 free on One Click Politics — get push/email alerts when it moves.
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