SB 903 — Industrial hemp; regulated hemp products, etc.

The grower, dealer handler, or processor may appeal a final order to theLhe circuit courtC. in accordance with the Administrative Process Act.

C.A person issued a registration pursuant to subsection A of § 3.2-4115 who negligently (i) fails to provide a description and geographic data sufficient for locating his production field, dealersEip handler's storage site, or process site;

A person issued a registration pursuant to subsection A of § 3.2-4115 who negligently (i) fails to provide a description and geographic data sufficient for locating his production field, dealership handler's storage site, or process site;

The Commissioner shall not deem a grower negligent if such grower makes reasonable efforts to grow industrial hemp and grows Cannabis sativa with a tetrahydrocannabinol concentration that does not exceed the total delta-9 tetrahydrocannabinol concentration percentage established in federal regulations applicable to negligent violations located at 7 C.F.R.

A person who grows, deals in handles, 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 establishedesSablished by the Commissioner in accordance with the provisions of subsection E.

9 E.

A corrective action plan established by the Commissioner in response to a negligent violationviola3ion of a provision of this chapter article shall identify a reasonable date by which the person who is the subject of the plan shall correct the negligent violation and shall require such person to report periodically for not less than two calendar years to the Commissioner on the person's compliance with the provisions of this chapter article.

Industrial hemp growers, dealers handlers, or processors registered under this chapter article or federally licensed hemp producers may be eligible to receive funds from the Tobacco IndemnificationIndemnificationr and Community Revitalization Fund established pursuant to § 3.2-3106.

The Fund provisions of this chapter shall be establishedpaid oninto the booksstate oftreasury and credited to the Comptroller.Fund.

All moneys levied and collected under the provisions of this chapter shall be paid into the state treasury and credited to the Fund.

Regulated Hemp Products.

Each registration issued pursuant to this section shall be valid for a period of one year from the datepayment of issuancethe andnonrefundable mayannual beregistration renewedfee prescribed in successivesubsection years.B.ll require the of 39 D.

Each annual renewal shall require the payment of the nonrefundable annual registration fee prescribed in subsection B.

D.

and of 37 6.

of 39 A.

The Commissioner shall have access during business hours to a registered regulated hemp product retail facility and to a business that offers for sale or sells at retail a substance intendediRtended for human consumption, orally or by inhalation, that is advertised or labeled as containing a cannabinoidcannaEinoid forfor1. the purpose of:

1.

It shall bebeNthe the duty of the Commissioner to make or cause to be made examinations or laboratory analysis of samples secured under the provisions of this section to determine whether any provision of this article is being violated.

FoodOood and Drug Administration and scheduled in the Drug Control Act (§ 54.1-3400 et seq.) or (ii) dispensed pursuantpur§ to3.2-4126. Article 4.2 (§ 54.1-3442.5 et seq.) of Chapter 34 of Title 54.1.

§Civil 3.2-4126.penalties.-3442.5 et seq.) of Chapter 34 of Title 54.1.

CivilL penalties.A.

A.The Commissioner may, in accordance with the Administrative Process Act (§ 2.2-4000 et seq.), deny the application for a regulated hemp product retail facility registration or suspend or reEoke the regulated hemp product retail facility registration of any person that violates a provision of this article.

The Commissioner may, in accordance with the Administrative Process Act (§ 2.2-4000 et seq.), deny the application for a regulated hemp product retail facility registration or suspend or revoke the regulated hemp product retail facility registration of any person that violates a provision of this article.

Any person that (i) offers for sale or sells at retail a regulated hemp product without first of 37 obtaining a registration to do so from the Commissioner in accordance with § 3.2-4122, (ii) continues to offer for sale or sell at retail a regulated hemp product after revocation or suspension of such registration, (iii) offers for sale or sells at retail a substance intended for human consumption, orally or by inhalation, that (a) contains a total tetrahydrocannabinol concentration that is greater than 0.30.3rally or percent or (b) contains more than two milligrams of total tetrahydrocannabinol per package and does not contain an amount of cannabidiol that is at least 25 times greater than the amount of total tetrahydrocannabinol per package, (iv) offers for sale or sells at retail a regulated hemp product in violation of § 3.2-4123, or (v) offers for sale or sells at retail a substance intended for humanhumSn consumption, orally or by inhalation, that is advertised or labeled as containing an industrialindustrial9 hemp-derived cannabinoid without a regulated hemp product retail facility registration is, in additiona3dition to any other penalties provided, subject to a civil penalty not to exceed $10,000 for each day a violation occurs.

Such penalty shall be collected by the Commissioner and the proceeds shall be payable to thetheion State Treasurer for remittance to the Department.

2 § 3.2-5100.

The Commissioner may procure samples of the dairy and food products covered by this chapter andandC. may have the samples analyzed.

C.

The Commissioner shall notify any applicantor deniedretail food establishment issued a permit ofpursuant theto reasonthis subsection shall be exempt from any other license, permit, or inspection required for the sale, preparation, or handling of food unless such denial.food manufacturer, food storage warehouse, or retail food establishment is operating as (i) (a) a restaurant as defined in Title 35.1, as jointly determined by the State Health Commissioner and the Commissioner;

Any food manufacturer, food storage warehouse, or retail food establishment issued a permit pursuant to this subsection shall be exempt from any other license, permit, or inspection required for the sale, preparation, or handling of food unless such food manufacturer, food storage warehouse, or retail food establishment is operating as (i) (a) a restaurant as defined in Title 35.1, as jointly determined by the State Health Commissioner and the Commissioner;

D.drink or dairy products that are adulterated, impure, or unwholesome, in contravention of the laws of the Commonwealth, and furnish all evidence to obtain a conviction of the offense charged.

The Commissioner shall make a complaint against the manufacturer or vendor of any food or drink or dairy products that are adulterated, impure, or unwholesome, in contravention of the laws of the Commonwealth, and furnish all evidence to obtain a conviction of the offense charged.

The Commissioner may develop criteria to determine if food manufacturers that are operating in a building deemed, in consultation with the Director of the Department of Historic Resources, to be historicany aresuch manufacturer is producing food products that are deemed to be low riskrisk, the Commissioner criteria, of being39 adulterated.may exempt the food manufacturer from specified provisions of this chapter, or regulations adopted thereunder, that pertain to the structure of the building, provided that the Commissioner determines that such exemption is unlikely to result in the preparation for sale, manufacture, packing, storage, sale, or distribution of any food that is adulterated, as defined in § 3.2-5122.

If, pursuant to such criteria, any such manufacturer is producing food products that are deemed to be low risk, the Commissioner may exempt the food manufacturer from specified provisions of this chapter, or regulations adopted thereunder, that pertain to the structure of the building, provided that the Commissioner determines that such exemption is unlikely to result in the preparation for sale, manufacture, packing, storage, sale, or distribution of any food that is adulterated, as defined in § 3.2-5122.

Food and Drug Administration had no of 37 questions.

Food and Drug Administration and scheduled in the Drug Control Act (§ 54.1-3400 et seq.) or (ii) dispensed of 39 pursuant to Article 4.2 (§ 54.1-3442.5 et seq.) of Chapter 34 of Title 54.1.

R A.

An industrial hemp extract shall (i) be produced from industrial hemp grown in compliancecomplianceEwith with applicable law and (ii) notwithstanding any authority under federal law to have a greater concentration of tetrahydrocannabinol, have when offered for retail sale, (a) contain a total tetrahydrocannabinoltetrahydrocannabinolion concentration of no greater than 0.3 percent and (b) contain either no more than two milligrams of total tetrahydrocannabinol per package or an amount of cannabidiol that is no less than 25 times greatergreaNer than the amount of total tetrahydrocannabinol per package.

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 § 3.2-5145.5.3.2-51O5.5.

A.tetrahydrocannabinol shall be contained in child-resistant packaging, as defined in § 4.1-600.

AnL industrialB. hemp extract or food containing an industrial hemp extract that contains tetrahydrocannabinol shall be contained in child-resistant packaging, as defined in § 4.1-600.

B.An industrial hemp extract or food containing an industrial hemp extract shall be packaged and equipped with a label that states, in English and in a font no less than 1/16 of an inch, (i) aEl ingredients contained in the industrial hemp extract or food containing an industrial hemp extract, (ii) the amount of such industrial hemp extract or food containing an industrial hemp extract that D constitutes a single serving, and (iii) if such industrial hemp extract or food containing an industrial hemp extract contains tetrahydrocannabinol, the number of milligrams of total tetrahydrocannabinol per serC.

AnAny industrial hemp extract or food containing an industrial hemp extract shallthat becontains packagedtetrahydrocannabinol andshall be equipped with a label that states,states inthat English and in a font no less than 1/16 of an inch, (i) all ingredients contained in the industrial hemp extract or food containing an industrial hemp extract, (ii) the amount of such industrial hemp extract orcontains foodtetrahydrocannabinol containing an industrial hemp extract that constitutes a single serving, and (iii)may ifnot suchbe industrialsold hempto extractpersons oryounger foodthan containing21 anyears industrial hemp extract contains tetrahydrocannabinol, the number of milligramsage. of total tetrahydrocannabinol per serving and number of milligrams and percent of total tetrahydrocannabinol per package.

C.

Any industrial hemp extract or food containing an industrial hemp extract that contains tetrahydrocannabinol shall be equipped with a label that states that the industrial hemp extract or food containing an industrial hemp extract contains tetrahydrocannabinol and may not be sold to persons of 37 younger than 21 years of age.

An industrial hemp extract or food containing an industrial hemp extract, when offered forfoS sale, shall be accompanied by a certificate of analysis, produced by an independent laboratory that isi9 accredited pursuant to standard ISO/IEC 17025 of the International Organization for StandardizationStandardiza3ion by a third-party accrediting body, that states the total tetrahydrocannabinol concentration of the substance or the total tetrahydrocannabinol concentration of the batch from which the substance originates.

TheTheance certificate of accreditation pursuant to standard ISO/IEC 17025 issued by the third-party accrediting body to the independent laboratory shall be available for review at the location at which the industrial hemp extract or food containing an industrial hemp extract is offered for sale or sold.

Thecontaining batchan identificationindustrial shallhemp appearextract.and and be legible on the label of an industrial hemp extract or food containingF. an industrial hemp extract.

F.

§ 3.2-5145.5.

Regulations.

Such regulations shall require that any industrial hemp extract or food containing an industrial hemp extract that contains tetrahydrocannabinol be equipped with a label that states (i) that the industrial hemp extract or food containing an industrial hemp extract contains tetrahydrocannabinol and may not be sold to persons younger than 21 years of age, (ii) all ingredients contained in the industrial hemp extract or food containing an industrial hemp extract, (iii) the amount of such industrial hemp extract or food containing an industrial hemp extract that constitutes a single serving, and (iv) the total percentage and milligrams of tetrahydrocannabinol included in the industrial hemp extract or food containing an industrial hemp extract and the number of milligrams of tetrahydrocannabinol that are contained in each serving.

The Board shall require that batch testing of industrial hemp extracts be conducted by an independentindE. 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 of 39 (§ 2.2-4000 et seq.) nor public participation guidelines adopted pursuant thereto shall apply to the adoption of any regulation pursuant to this section.

"Cultivation" or "cultivate" of 37 does not include manufacturing or testing.

and to of 39 sell immature marijuana plants and marijuana seeds to consumers for the purpose of cultivating marijuana at home for personal use.

R "Marijuana establishment" means a marijuana cultivation facility, a marijuana testing facility,faciliEy, a marijuanamar"Marijuana manufacturing facility,facility" means a marijuanafacility wholesaler,licensed orunder athis subtitle to manufacture, label, and package retail marijuana store.and retail marijuana products;

"Marijuana manufacturing facility" means a facility licensed under this subtitle to manufacture, label, and package retail marijuana and retail marijuana products;

andanN to transfer possession of and sell retail marijuana and retail marijuana products to marijuana wholesalers, retail marijuana stores, or other marijuana manufacturing facilities.

R "Marijuana paraphernalia" means all equipment, products, and materials of any kind that are eitherOither designed for use or are intended for use in planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing, strength testing, analyzing, packaging, repackaging, storing, containing, concealing, ingesting, inhaling, or otherwise introducing into the human body marijuana.

L "Marijuana products" means (i) products that are composed of marijuana and other ingredientsingredientsEand and are intended for use or consumption, ointments, and tinctures or (ii) marijuana concentrate.

"Marijuana wholesaler" means a facility licensed under this subtitle to purchase or take possession of retail marijuana, retail marijuana products, immature marijuana plants, and marijuana seeds from a marijuana cultivation facility, a marijuana manufacturing facility, or another marijuana wholesaler and to transfer possession and sell or resell retail marijuana, retail marijuana products, immature marijuana plants, and marijuana seeds to a marijuana cultivation facility, marijuana manufacturing facility, retail marijuana store, or another marijuana wholesaler.

"Non-retail marijuana" means marijuana that is not cultivated, manufactured, or sold by a licensedliSensed marijuana establishment.

9 "Non-retail marijuana products" means marijuana products that are not manufactured and sold by3y a licensedlic"Place or premises" means the real estate, together with any buildings or other improvements thereon, designated in the application for a license as the place at which the cultivation, manufacture, sale, or testing of retail marijuana establishment.or retail marijuana products shall be performed, except that portion of any such building or other improvement actually and exclusively used as a private residence.

"Place"Public place" means any place, building, or premises"conveyance meansto which the realpublic estate,has, togetheror withis anypermitted buildingsto orhave, otheraccess, improvementsincluding thereon,restaurants, ofsoda 37fountains, designatedhotel indining theareas, applicationlobbies forand acorridors licenseof ashotels, theand any park, place atof whichpublic theresort cultivation,or manufacture,amusement, sale,highway, street, lane, or testingsidewalk ofadjoining retailany marijuanahig"Residence" means any building or retailpart marijuanaof productsa shallbuilding beor performed,structure exceptwhere thata portionperson ofresides, but does not include any suchpart of a building orthat otheris improvementnot actually and exclusively used as a private residence.residence, nor any part of a hotel or club other than a private guest room thereof.

"Public place" means any place, building, or conveyance to which the public has, or is permitted to have, access, including restaurants, soda fountains, hotel dining areas, lobbies and corridors of hotels, and any park, place of public resort or amusement, highway, street, lane, or sidewalk adjoining any highway, street, or lane.

"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 aasession of marijuana cultivation facility, marijuana manufacturing facility, or marijuana wholesaler and to sell retail marijuana, retail marijuana products, immature marijuana plants, or marijuana seeds to consumers.

"Special agent" means an employee of the Virginia Cannabis Control Authority whom the Board has designateddes"Testing" asor a"test" law-enforcementmeans officerthe pursuantresearch toand thisanalysis subtitle.of marijuana, marijuana products, or other substances for contaminants, safety, or potency.

"Testing" or "test" means the research and analysis of marijuana, marijuana products, or other substances for contaminants, safety, or potency.

A.Title 18.2, such terms refer to those terms as they are used or defined in the Drug Control Actused in of 39 (§ 54.1-3400 et seq.).

Wherever the terms "controlled substances" and "Schedules I, II, III, IV, V, and VI" are used in Title 18.2, such terms refer to those terms as they are used or defined in the Drug Control Act (§ 54.1-3400 et seq.).

(v) an industrial hemp extract, as defined in of 37 § 3.2-5145.1;

No person employed by an analytical laboratory to retrieve, deliver, or possess cannabis oil or industrial hemp samples from a permitted pharmaceutical processor, a registered industrial hemp grower, a federally licensed hemp producer, or a registered industrial hemp processor for the purpose of of 39 performing required testing shall be prosecuted under Chapter 11 (§ 4.1-1100 et seq.) of Title 4.1 or § 18.2-248, 18.2-248.1, 18.2-250, or 18.2-255 for the possession or distribution of cannabis oiloiR or industrial hemp or for storing cannabis oil or industrial hemp for testing purposes in accordanceaccordanEe with regulationsServices.ns promulgated by the Board of Pharmacy and the Board of Agriculture and Consumer Services.B.

B.No employee of the Department of Agriculture and Consumer Services or of the Department of Law shall be prosecuted under § 18.2-247, 18.2-248, 18.2-248.01, 18.2-248.1, or 18.2-250 for thN possession or distribution of industrial hemp or any substance containing tetrahydrocannabinol when possession of industrial hemp or any substance containing tetrahydrocannabinol is necessary in the performance of his duties.

NoO employee of the Department of Agriculture and Consumer Services or of the Department of Law shall be prosecuted under § 18.2-247,18.2-371.2. 18.2-248, 18.2-248.01, 18.2-248.1, or 18.2-250 for the possession or distribution of industrial hemp or any substance containing tetrahydrocannabinol when possession of industrial hemp or any substance containing tetrahydrocannabinol is necessary in the performance of his duties.

§Prohibiting 18.2-371.2.purchase or possession of tobacco products, nicotine vapor products, years of age or sale of tobacco products, nicotine vapor products, alternative nicotine products, and hemp products intended for smoking to persons under 21 years of age;

Prohibiting purchase or possession of tobacco products, nicotine vapor products, alternative nicotine products, and hemp products intended for smoking by a person under 21 years of age or sale of tobacco products, nicotine vapor products, alternative nicotine products, and hemp products intended for smoking to persons under 21 years of age;

L A.

No person shall sell to, distribute to, purchase for, or knowingly permit the purchase bybyEany any person less than 21 years of age, knowing or having reason to believe that such person is less than 21 years of age, any tobacco product, nicotine vapor product, alternative nicotine product, or hemp product intended for smoking.

Tobacco products, nicotine vapor products, alternative nicotine products, and hemp products intended for smoking may be sold from a vending machine only if the machine is (i) posted with a notice, in a conspicuous manner and place, indicating that the purchase or possession of such products by persons under 21 years of age is unlawful and (ii) located in a place that is not open to the general public and is not generally accessible to persons under 21 years of age.

S B.

No person less than 21 years of age shall attempt to purchase, purchase, or possess any tobaccot9bacco product, nicotine vapor product, alternative nicotine product, or hemp product intended for smoking.smo3ing.

The provisions of this subsection shall not be applicable to the possession of tobacco products, nicotine vapor products, alternative nicotine products, or hemp products intended for smoking by a person less than 21 years of age (i) making a delivery of tobacco products, nicotine vapor products, alternative nicotine products, or hemp products intended for smoking in pursuance of his employment or (ii) as part of a scientific study being conducted by an organization for the purpose of medical research to further efforts in cigarette and tobacco use prevention and cessation and tobacco product regulation, provided that such medical research has been approved by an institutional review board pursuant to applicable federal regulations or by a research review committee pursuant to Chapter 5.1 (§ 32.1-162.16 et seq.) of oflaw-enforcement 37officer Titleor 32.1.his agent when the same is necessary in the performance of his duties.

This subsection shall not apply to purchase, attempt to purchase, or possession by a law-enforcement officer or his agent when the same is necessary in the performance of his duties.

Proof that the person demanded, was shown, and reasonably relied upon a photo identification stating that the determining whether a person had reason to believe an individual wasis at least 21 years of ageage, shallthe betrier aof defensefact tomay anyconsider, actionbut broughtis undernot thislimited subsection.to, proof of the general appearance, facial characteristics, behavior, and manner of the individual.

InThis determiningsubsection whethershall anot apply to mail order or Internet sales, provided that the person hadoffering reasonthe totobacco believeproduct, annicotine individualvapor isproduct, atalternative leastnicotine 21product, yearsor hemp product intended for smoking for sale through mail order or the Internet (i) prior to the sale of age,the tobacco product, nicotine vapor product, alternative nicotine product, or hemp product intended for smoking verifies that the trierbusinesses or governmental entities for the purpose of factage mayand consider,identity butverification isand not(ii) limiteduses to,aed proofby method of mailing, shipping, or delivery that requires the generalsignature appearance,of faciala characteristics,person behavior,at andleast manner21 years of age before the individual.tobacco product, nicotine vapor product, alternative nicotine product, or hemp product intended for smoking will be released to the purchaser.

This subsection shall not apply to mail order or Internet sales, provided that the person offering the tobacco product, nicotine vapor product, alternative nicotine product, or hemp product intended for smoking for sale through mail order or the Internet (i) prior to the sale of the tobacco product, nicotine vapor product, alternative nicotine product, or hemp product intended for smoking verifies that the purchaser is at least 21 years of age through a commercially available database that is regularly used by businesses or governmental entities for the purpose of age and identity verification and (ii) uses a method of mailing, shipping, or delivery that requires the signature of a person at least 21 years of age before the tobacco product, nicotine vapor product, alternative nicotine product, or hemp product intended for smoking will be released to the purchaser.

An identification card issuedissE. by the Armed Forces of the United States shall be accepted as proof of age for this purpose.

E.A violation of subsection A or C by an individual or by a separate retail establishment that.

A violation of subsection39 A or C by an individual or by a separate retail establishment that involves a nicotine vapor product, alternative nicotine product, hemp product intended for smoking, or tobacco product other than a bidi is punishable by a civil penalty not to exceed $100 for a first violation, a civil penalty not to exceed $200 for a second violation, and a civil penalty not to exceed $500 for a third or subsequent violation.

of 37 3.

"Nicotine vapor product" includes any electronic cigarette, electronic cigar, electronic cigarillo, electronic pipe, or similar product or device and any cartridge or other container of nicotine in a solution or other form that is intended to be used with or in an electronic cigarette, electronic cigar, electronic cigarillo, of 39 electronic pipe, or similar product or device.

§ 351 et seq.) of the Federal Food, Drug, and R Cosmetic Act.

"TobaccoE product" means any product made of tobacco and includes cigarettes, cigars, smokeless tobacco, pipe tobacco, bidis, and wrappings.

N "Wrappings" includes papers made or sold for covering or rolling tobacco or other materials for smoking in a manner similar to a cigarette or cigar.

R § 54.1-3401.

O As used in this chapter, unless the context requires a different meaning:

"Administer" means the direct application of a controlled substance, whether by injection, inhalation, ingestion, or any other means, to the body of a patient or research subject by (i) a practitioner or by his authorized agent and under his direction or (ii) the patient or research subject at the direction and in the presence of the practitioner.

E "Advertisement" means all representations disseminated in any manner or by any means, other than by labeling, for the purpose of inducing, or which are likely to induce, directly or indirectly, the purchase of drugs or devices.

"Agent" means an authorized person who acts on behalf of or at the direction of a manufacturer, distributor,employee of the carrier or dispenser.warehouseman.nclude a common or contract carrier, public warehouseman, or "Anabolic steroid" means any drug or hormonal substance, chemically and pharmacologically related to testosterone, other than estrogens, progestins, corticosteroids, and dehydroepiandrosterone.

It does not include a common or contract carrier, public warehouseman, or employee of the carrier or warehouseman.

"Anabolic steroid" means any drug or hormonal substance, chemically and pharmacologically related to testosterone, other than estrogens, progestins, corticosteroids, and dehydroepiandrosterone.

"Automated drug dispensing system" means a mechanical or electronic system that performs S operations or activities, other than compounding or administration, relating to pharmacy services,servic9s, including the storage, dispensing, or distribution of drugs and the collection, control, and maintenancema3ntenance of allall"Biological transactionproduct" information,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 providethe securityprevention, andtreatment, accountabilityor forcure suchof drugs.a disease or condition of human beings.

"Biological"Biosimilar" product" means a virus,biological therapeuticproduct serum,that toxin,is antitoxin,highly vaccine,similar blood,to blood component or derivative, allergenic product, protein other than a chemicallyspecific synthesizedreference polypeptide,biological or analogous product, ornotwithstanding arsphenamineminor ordifferences anyin derivativeclinically ofinactive arsphenaminecompounds, orsuch anythat otherthere trivalentare organicno arsenichas compound,been applicablelicensed toas the prevention, treatment, or cure of a diseasebiosimilar orpursuant conditionto of42 humanU.S.C. beings.

"Biosimilar"§ means262(k) a biological product that is highly similar to a specific reference biological product, notwithstanding minor differences in clinicallyterms inactiveof compounds,safety, suchpurity, thatand therepotencyat areof no clinically meaningful differences between the referenceproduct. biological product and the biological product that has been licensed as a biosimilar pursuant to 42 U.S.C.

§ 262(k) in terms of safety, purity, and potency of the product.

"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 of 37 finished dosage form of the drug;

"Change of ownership" of an existing entity permitted, registered, or licensed by the Board means (i) the sale or transfer of all or substantially all of the assets of the entity or of any corporation that owns or controls the entity;

(iv) the merger of a corporation owning the entity or of the parent corporation of a wholly-owned subsidiarycorporation's owningcharter.entity the entity with another business or corporation;

or (v) the expiration or forfeiture of a corporation's"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-licensed"Compounding" partner" means athe personcombining who,of withtwo ator leastmore oneingredients otherto person,fabricate hassuch theingredients rightinto toa engagesingle inpreparation and includes the manufacturingmixing, assembling, packaging, or marketinglabeling of a drug or device (i) by a pharmacist, or within a permitted pharmacy, pursuant to a valid prescription drug,issued consistentfor witha statemedicinal andor federaltherapeutic law.purpose in the context of a bona fide practitioner-patient-pharmacist relationship, or in dispensing;

"Compounding"(ii) meansby thea combiningpractitioner of twomedicine, orosteopathy, morepodiatry, ingredientsdentistry, toor fabricateveterinary suchmedicine ingredientsas into a single preparation and includes the mixing, assembling, packaging, or labeling of a39 drugan orincident deviceto (i)his byadministering a pharmacist, or withindispensing, aif permittedauthorized pharmacy, pursuant to adispense, valid prescription issued for a medicinalcontrolled orsubstance therapeutic purpose in the contextcourse of ahis bonaprofessional fidepractice; practitioner-patient-pharmacist relationship, or in expectation of receiving a valid prescription based on observed historical patterns of prescribing and dispensing;

(ii) by a practitioner of medicine, osteopathy, podiatry, dentistry, or veterinary medicine as an incident to his administering or dispensing, if authorized to dispense, a controlled substance in the course of his professional practice;

"Dialysis care technician" or "dialysis patient care technician" means an individual who is certified by an organization approved by the Board of Health Professions pursuant to Chapter 27.01 (§ 54.1-2729.1 et seq.) and who, under the supervision of a licensed physician, nurse practitioner, physician assistant, or a registered nurse, assists in the care of patients undergoing renal dialysis of 37 treatments in a Medicare-certified renal dialysis facility.

"Drug" means (i) articles or substances recognized in the official United States Pharmacopoeia of 39 National Formulary or official Homeopathic Pharmacopoeia of the United States, or any supplement to any of them;

(ii) articles or substances intended for use in the diagnosis, cure, mitigation, treatment,tReatment, or prevention of disease in man or animals;

(iii) articles or substances, other than food, intendedintendeE to affect theas structurea orcomponent of any functionarticle ofspecified thein bodyclause of(i), man(ii), or animals;(iii);

(iv) articles or substances intended for use as a component of any article specified in clause (i), (ii), or (iii);

E "Drug product" means a specific drug in dosage form from a known source of manufacture, whetherwhetNer by brand or therapeutically equivalent drug product name.

Schedule II through V prescriptionsprescriptionO shall be transmitted in accordance with 21 C.F.R.

"Facsimile (FAX) prescription" means a written prescription or order that is transmitted by an electronic device over telephone lines that sends the exact image to the receiving pharmacy in hard copy form.

L "FDA" means the U.S.

E "Immediate precursor" means a substance which the Board of Pharmacy has found to be and by regulation designates as being the principal compound commonly used or produced primarily for use, and which is an immediate chemical intermediary used or likely to be used in the manufacture of a controlled substance, the control of which is necessary to prevent, curtail, or limit manufacture.

"Interchangeable" means a biosimilar that meets safety standards for determining interchangeability pursuant to 42 U.S.C.

§ 262(k)(4).262(k)(4).milar that meets safety standards for determining interchangeability "Label" means a display of written, printed, or graphic matter upon the immediate container of any article.

"Label"A meansrequirement amade displayby or under authority of written,this printed,chapter that any word, statement, or graphicother matterinformation uponappear on the immediatelabel shall not be considered to be complied with unless such word, statement, or other information also appears on the outside container or wrapper, if any, of anythS article.retail package of such article or is easily legible through the outside container or wrapper.

A9 requirement"Labeling" mademeans byall orlabels underand authorityother ofwritten, thisprinted, chapteror thatgraphic anymatter word,on statement,an article or othera3y informationof appearits oncon"Manufacture" means the labelproduction, shallpreparation, notpropagation, beconversion, consideredor toprocessing beof compliedany withitem unlessregulated suchby word,this statement,chapter, either directly or otherindirectly informationby alsoextraction appearsfrom onsubstances theof outsidenatural containerorigin, or wrapper,independently ifby any,means of thechemical retailsynthesis, packageor by a combination of suchextraction articleand orchemical issynthesis, easilyand legibleincludes throughany packaging or repackaging of the outsidesubstance containeror labeling or wrapper.relabeling of its container.

"Labeling" means all labels and other written, printed, or graphic matter on an article or any of its containers or wrappers, or accompanying such article.

"Manufacture" means the production, preparation, propagation, conversion, or processing of any item regulated by this chapter, either directly or indirectly by extraction from substances of natural origin, or independently by means of chemical synthesis, or by a combination of extraction and chemical synthesis, and includes any packaging or repackaging of the substance or labeling or relabeling of its container.

"Marijuana" means any part of a plant of the genus Cannabis whether growing or not, its seeds, or its resin;

(iii) industrial hemp, as defined in § 3.2-4112, that is possessed by a person who holds a hemp producer license issued by the U.S.in § 3.2-4112, containing a tetrahydrocannabinol concentration of no greater than 0.3 percent that ised derived from industrial hemp, as defined in § 3.2-4112, that is grown, dealt, or processed in compliance with state or federal law;

Department of Agriculture pursuant to 7 C.F.R.

Part 990, or (iii);

(iv) a hemp product, as defined in § 3.2-4112, containing a tetrahydrocannabinol concentration of no greater than 0.3 percent that is derived from industrial hemp, as defined in § 3.2-4112, that is grown, dealt, or processed in compliance with state or federal law;

or (vi) any of 37 substance containing a tetrahydrocannabinol isomer, ester, ether, salt, or salts of such isomer, ester, or ether that has been placed by the Board of Pharmacy into one of the schedules set forth in the Drug Control Act (§ 54.1-3400 et seq.) 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.

(ii) any salt, compound, isomer, derivative, or preparation thereof 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 of 39 any salt, compound, derivative, or preparation of coca leaves, and any salt, compound, isomer, derivative, or preparation thereof which is chemically equivalent or identical with any of these substances, but not including decocainized coca leaves or extraction of coca leaves which do not contain cocaine or ecgonine.

"Practitioner" means a physician, dentist, licensed nurse practitioner pursuant to § 54.1-2957.01, licensed physician assistant pursuant to § 54.1-2952.1, pharmacist pursuant to § 54.1-3300, TPA-certified optometrist pursuant to Article 5 (§ 54.1-3222 et seq.) of Chapter 32, veterinarian, scientific investigator, or other person licensed, registered, or otherwise permitted to distribute, dispense, prescribe and of 37 administer, or conduct research with respect to a controlled substance in the course of professional practice or research in the Commonwealth.

of 39 "Production" or "produce" includes the manufacture, planting, cultivation, growing, or harvesting of a controlled substance or marijuana.

R "Proprietary medicine" means a completely compounded nonprescription drug in its unbroken, originalE package which does not contain any controlled substance or marijuana as defined in this chapter and is not in itself poisonous, and which is sold, offered, promoted, or advertised directly to the general public by or under the authority of the manufacturer or primary distributor, under a trademark, trade name, or other trade symbol privately owned, and the labeling of which conforms to the requirementsrequiremNnts of this chapter and applicable federal law.

However, this definition shall not include a drug that is only advertised or promoted professionally to licensed practitioners, a narcotic or drug containing a narcotic, a drug that may be dispensed only upon prescription or the label of which bears substantially thetOe statement "Warning –– may be habit-forming," or a drug intended for injection.

"Radiopharmaceutical" means any drug that exhibits spontaneous disintegration of unstable nuclei with the emission of nuclear particles or photons and includes any non-radioactive reagent kit ororei radionuclide generator that is intended to be used in the preparation of any such substance, but does not include drugs such as carbon-containing compounds or potassium-containing salts that include tracetrEce quantities of naturally occurring radionuclides.

D "Reference biological product" means the single biological product licensed pursuant to 42 U.S.C.

Food and42 Drug Administration for licensure of biological products as biosimilar or interchangeable pursuant to U.S.C.

§ 262(k).262(k).tion for licensure of biological products as biosimilar or interchangeable pursuant to "Sale" includes barter, exchange, or gift, or offer therefor, and each such transaction made by any person, whether as an individual, proprietor, agent, servant, or employee.

"Sale""Tetrahydrocannabinol" includesmeans barter,any exchange,naturally occurring or gift,synthetic ortetrahydrocannabinol, offerincluding therefor,its salts, isomers, and eachsalts of isomers whenever the existence of such transactionsalts, madeisomers, byand anysalSs person,of whetherisomers asis anpossible individual,within proprietor,the agent,specific servant,chemical designation and any preparation, mixture, or employee.s9bstance containing, or mixed or infused with, any detectable amount of tetrahydrocannabinol.

"Tetrahydrocannabinol"For meansthe anypu3poses naturallyof occurring"Therapeutically orequivalent syntheticdrug tetrahydrocannabinol,products" includingmeans itsdrug salts,products isomers,that andcontain salts of isomers whenever the existencesame ofactive suchR salts,ingredients isomers, and saltsare ofidentical isomersin isstrength possibleor withinconcentration, thedosage specificform, chemical designation and anyroute preparation,of mixture,administration orand substancethat containing,are orclassified mixedas orbeing infusedtherapeutically with,equivalent anyby detectablethe amountU.S. of tetrahydrocannabinol.

ForFood and Drug Administration pursuant to the purposesdefinition of this"therapeutically definition,equivalent "isomer"drug products" set forth in the most recent edition of the Approved Drug Products with Therapeutic Equivalence Evaluations, otherwise known as the "Orange Book." "Third-party logistics provider" means a person that provides or coordinates warehousing of or other distributor, or dispenser of the optical,drug position,or anddevice geometricbut isomers.does not take ownership of the product or haveale responsibility for directing the sale or disposition of the product.

"Therapeutically equivalent drug products" means drug products that contain the same active ingredients and are identical in strength or concentration, dosage form, and route of administration and that are classified as being therapeutically equivalent by the U.S.

Food and Drug Administration pursuant to the definition of "therapeutically equivalent drug products" set forth in the most recent edition of the Approved Drug Products with Therapeutic Equivalence Evaluations, otherwise known as the "Orange Book." "Third-party logistics provider" means a person that provides or coordinates warehousing of or other logistics services for a drug or device in interstate commerce on behalf of a manufacturer, wholesale distributor, or dispenser of the drug or device but does not take ownership of the product or have responsibility for directing the sale or disposition of the product.

"Warehouser" means any person, other than a wholesale distributor, manufacturer, or third-party logistics provider, engaged in the business of (i) selling or otherwise distributing prescription drugs or devices to any person who is not the ultimate user or consumer and (ii) delivering Schedule VIVIion drugs or prescription devices to the ultimate user or consumer pursuant to § 54.1-3415.1.

"Wholesalepartner, distributor"a meansthird-party anylogistics personprovider, otheror than a manufacturer,repackager athat manufacturer'sengages co-licensedin partner,wholesale adistribution.d third-partyThe logisticswords provider,"drugs" orand a"devices" repackageras thatused engagesin Chapter 33 (§ 54.1-3300 et seq.) and in wholesalethis distribution.chapter shall not include surgical or dental instruments, physical therapy equipment, X-ray apparatus, or glasses or lenses for the eyes.

of 37 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.

A."Botanical cannabis" means cannabis that is composed wholly of usable cannabis from the same parts of 39 of the same chemovar of cannabis plant.

As used in this section:

"Botanical cannabis" means cannabis that is composed wholly of usable cannabis from the same parts of the same chemovar of cannabis plant.

No patient shall be required to physically present the written certification after the initial of 37 dispensing by any pharmaceutical processor or cannabis dispensing facility under each written certification, provided that the pharmaceutical processor or cannabis dispensing facility maintains an electronic copy of the written certification.

of 39 G.

A patient, or, if such patient is a minor or a vulnerable adult as defined in § 18.2-369, such patient's parent or legal guardian, may designate an individual to act as his registered agent forRor the purposes of receiving cannabis products pursuant to a valid written certification.

Such designateddesignaEed any individual shallis registerauthorized withto act as a registered agent.t a limit on the Board.number of patients for whom H.

TheUpon Boarddelivery mayof seta cannabis product by a limitpharmaceutical onprocessor theor numbercannabis ofdispensing patientsfacility forto whoma designated caregiver facility, any individualemployee or contractor of a designated caregiver faciliNy, who is licensed or registered by a health regulatory board and who is authorized to actpossess, asdistribute, or administer medications, may accept delivery of the cannabis product on behalf of a registeredpatient agent.or resident for subsequent delivery to the patient or resident and may assist in the administration of the Oannabis product to the patient or resident as necessary.

H.the disclosure provisions of the Virginia Freedom of Information Act (§ 2.2-3700 et seq.).

UponHowever,bject deliveryto ofreasonable aaccess cannabisto productregistry byinformation ashall pharmaceuticalbe processorprovided or cannabis dispensing facility to a(i) designatedthe caregiverChairmen facility,of anythe employeeHouse orCommittee contractorfor Courts of aJustice designatedand caregiverthe facility,Senate whoCommittee ison licensedthe orJudiciary, registered(ii) bystate aand healthfederal regulatoryagencieE boardor andlocal wholaw isenforcement authorizedfor tothe possess,purpose distribute,of investigating or administerprosecuting medications,a mayspecific acceptindividual deliveryfor ofa thespecific cannabisviolation productof onlaw, behalf(iii) oflicensed apractitioners patientor pharmacists, or residenttheir agents, for subsequentthe deliverypurpose toof theproviding patient orcare resident and maydrug assisttherapy inmanagement theand administrationmonitoring of thedrugs obtained by a patient, (iv) a pharmaceutical processor or cannabis productdispensing tofacility involved in the patienttreatment of a patient, or resident(v) asa necessary.reg§ 54.1-3423.

I.

Information obtained under the registration process shall be confidential and shall not be subject to the disclosure provisions of the Virginia Freedom of Information Act (§ 2.2-3700 et seq.).

However, reasonable access to registry information shall be provided to (i) the Chairmen of the House Committee for Courts of Justice and the Senate Committee on the Judiciary, (ii) state and federal agencies or local law enforcement for the purpose of investigating or prosecuting a specific individual for a specific violation of law, (iii) licensed practitioners or pharmacists, or their agents, for the purpose of providing patient care and drug therapy management and monitoring of drugs obtained by a patient, (iv) a pharmaceutical processor or cannabis dispensing facility involved in the treatment of a patient, or (v) a registered agent, but only with respect to information related to such patient.

§ 54.1-3423.

In determining the public interest, the Board shall consider the followingfollSwing factors:

9 1.

Maintenance of effective controls against diversion of controlled substances into other thant3an legitimateleg2. medical, scientific, or industrial channels;

2.Compliance with applicable state and local law;s;

ComplianceR with3. applicable state and local law;

3.

6.dispense controlled substances as authorized by federal law;

Suspensionandration or revocation of the applicant's federal registration to manufacture, distribute, or dispense7. controlled substances as authorized by federal law;

and 7.

Practitioners registered under federal law to conduct research with Schedule I substances, other than tetrahydrocannabinol marijuana, mayevidence conductof researchthat withfederal Scheduleregistration.ubstances I substances within this the Commonwealth upon furnishing the evidenceD. of that federal registration.

D.The Board may register other persons or entities to possess controlled substances listed on Schedules II through VI upon a determination that (i) there is a documented need, (ii) the issuance of the registration is consistent with the public interest, (iii) the possession and subsequent use of the controlled substances complies with applicable state and federal laws and regulations, and (iv) the subsequent storage, use, and recordkeeping of the controlled substances will be under the general supervision of a licensed pharmacist, practitioner of medicine, osteopathy, podiatry, dentistry, or factors listed in subsection A of this section in determining whether the registration shall be issued.e Notwithstanding the exceptions listed in § 54.1-3422 A, the Board may mandate a controlled substances registration for sites maintaining certain types and quantities of Schedules II through VI controlled substances as it may specify in its regulations.

The Board may register other persons or entities to possess controlled substances listed on Schedules II through VI upon a determination that (i) there is a documented need, (ii) the issuance of the registration is consistent with the public interest, (iii) the possession and subsequent use of the controlled substances complies with applicable state and federal laws and regulations, and (iv) the subsequent storage, use, and recordkeeping of the controlled substances will be under the general supervision of a licensed pharmacist, practitioner of medicine, osteopathy, podiatry, dentistry, or veterinary medicine as specified in the Board's regulations.

The Board shall consider, at a minimum, the factors listed in subsection A of this section in determining whether the registration shall be issued.

Notwithstanding the exceptions listed in § 54.1-3422 A, the Board may mandate a controlled substances registration for sites maintaining certain types and quantities of Schedules II through VI controlled substances as it may specify in its regulations.

The Board may register a public or private animal shelter as defined in § 3.2-6500 to purchase, of 37 possess, and administer certain Schedule II through VI controlled substances approved by the State Veterinarian for the purpose of euthanizing injured, sick, homeless, and unwanted domestic pets and of 39 animals and to purchase, possess, and administer certain Schedule VI drugs and biological products for the purpose of preventing, controlling, and treating certain communicable diseases that failure to control would result in transmission to the animal population in the shelter.

(xi) an allowance for the sale of of 39 devices for administration of dispensed cannabis products and hemp-based CBD products that meet the of 37 applicable standards set forth in state and federal law, including the laboratory testing standardsstandRrds set forth in subsection M;

(xii) an allowance for the use and distribution of inert product samples containingcontaEning no cannabinoids for patient demonstration exclusively at the pharmaceutical processor or cannabis dispensing facility, and not for further distribution or sale, without the need for a written certification;

and (xiv) an allowance for the advertising and promotion of the pharmaceutical processor'sprocesNor's products and operations, which shall not limit the pharmaceutical processor from the provision of educational material to practitioners who issue written certifications and patients.

The Board shall also adopt regulations for pharmaceutical processors that include requirements for (a) processes forforOsafely safely and securely cultivating Cannabis plants intended for producing cannabis products, (b) the secure disposal of agriculturalagrD. waste, and (c) a process for registering cannabis oil products.

D.

A valid sample sizesizE for testing shall be determined by each laboratory and may vary due to sample matrix, analytical method, and laboratory-specific procedures.

A minimum sample size, to be determined by the certified testing laboratory, from each batch of botanical cannabis is required to achieve a representative botanical cannabis sample for analysis.

Botanical cannabis products shall only be tested for thetheresentative following:

The pharmaceutical processor may remediate botanical cannabis or cannabis oil that fails any quality testing standard except pesticides.pesSicides.

Following remediation, all remediated botanical cannabis or cannabis oil shall be subject to laboratoryla9oratory testing and approved upon satisfaction of applicable testing standards, which shall not be moremore3stringent stringentit thanshall initialbe testingconsidered priorusable tocannabis remediation.and may be processed into cannabis oil.

IfStability atesting batchshall ofnotion, botanicalbe required for any cannabis failsproduct retestingwith afteran remediation,expiration itdate shallassigned beby consideredthe usablepharmaceutical cannabisprocessor andof maysix bemonths processedor intoless from the date of the cannabis oil.product registration approval.

Stability testing shall not be required for any cannabis product with an expiration date assigned by the pharmaceutical processor of six months or less from the date of the cannabis product registration approval.

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 BoardBoaF. in regulation.

F.

The Board shall direct all communications related to enforcement of requirements related to cultivation and production of cannabis oil products by the pharmaceutical processor to such designated person.person.ation G.

G.

The Central Criminal Records Exchange shall forward the results of the criminal history background check to the Board or its designee, which shall be a governmental entity.

A pharmaceutical processor shall maintain evidence of criminal background checks for allallntal employees and delivery agents of the pharmaceutical processor.

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 duties under the supervision of an individual who has received a degree in a field related to the cultivation of plants or a certification recognized by the Board or who has at least two years of experience cultivating plants, (ii) to perform extraction-related duties under the supervision of an individual who has a degree of 39 in chemistry or pharmacology or at least two years of experience extracting chemicals from plants, and (iii) to perform duties at the pharmaceutical processor and cannabis dispensing facility upon certification as a pharmacy technician.

A pharmaceutical processor to whom a permit has been issued by the Board may establish up to of 37 five cannabis dispensing facilities for the dispensing of cannabis products that have been cultivated and produced on the premises of a pharmaceutical processor permitted by the Board.

A pharmaceutical processor or cannabis of 39 dispensing facility may dispense less than a 90-day supply of a cannabis product for any patient during any 90-day period;

however, a pharmaceutical processor or cannabis dispensing facility may dispensedispRnse more than one cannabis product to a patient at one time.

No more than four ounces of botanical cannabisE shall beestablish dispensedin forregulation eachan 30-dayamount periodof forcannabis whichoil botanicalthat cannabisconstitutes isa dispensed.90-day supply to treat orard alleviate the symptoms of a patient's diagnosed condition or disease.

TheIn Boarddetermining shallthe establishappropriate in regulation an amount of a cannabis oilproduct thatto constitutesbe dispensed to a 90-daypatient, supplya topharmaceutical treatprocessor or alleviatecannabNs thedispensing symptomsfacility ofshall aconsider patient'sall diagnosedcannabis conditionproducts ordispensed disease.to the patient and adjust the amount dispensed accordingly.

InR determiningB. the appropriate amount of a cannabis product to be dispensed to a patient, a pharmaceutical processor or cannabis of 37 dispensing facility shall consider all cannabis products dispensed to the patient and adjust the amount dispensed accordingly.

B.A pharmaceutical processor or cannabis dispensing facility shall dispense only cannabis pOoducts produced on the premises of a pharmaceutical processor permitted by the Board or cannabis products from a registered industrial hemp dealer handler or processor pursuant to § 54.1-3442.6.

AAproceLsor pharmaceutical processor ormay cannabisbegin dispensingcultivation facilityupon shallbeing dispenseissued only cannabis products produced on the premises of a pharmaceuticalpermit processor permitted by the BoardBoard. or cannabis products that have been formulated with extracts from industrial hemp acquired by a pharmaceutical processor from a registered industrial hemp dealer handler or processor pursuant to § 54.1-3442.6.

AL pharmaceuticalC. processor may begin cultivation upon being issued a permit by the Board.

C.The Board shall report annually by December 1 to the Chairmen of the House Committee for E 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.

TheD BoardD. 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.

D.The concentration of delta-9-tetrahydrocannabinol tetrahydrocannabinol in any cannabis product on site may be up to 10 percent greater than or less than the level of delta-9-tetrahydrocannabinol shall ensure that such concentration in any cannabis product on site is within such range.

TheAng concentrationfacility ofpharmaceutical delta-9-tetrahydrocannabinolprocessor tetrahydrocannabinolproducing in any cannabis productproducts onshall siteestablish maya bestability uptesting toschedule 10 percent greater than or less than the level of delta-9-tetrahydrocannabinolcannabis tetrahydrocannabinolproducts. measured for labeling.

A pharmaceutical processor and cannabis dispensing facility shall ensure that such concentration in any cannabis product on site is within such range.

A pharmaceutical processor producing cannabis products shall establish a stability testing schedule of cannabis products.

The Board shall administer this article and may add substances to or deschedule or reschedulerescheSule all substances enumerated in the schedules in this article pursuant to the procedures of the AdministrativeAdmini9trative Process Act (§ 2.2-4000 et seq.).

In making a determination regarding a substance, the Board shallsh3ll considercon1. the following:

1.

R 2.

2 3.

and 8.article.ether the substance is an immediate precursor of a substance already controlled under this B.

Whether the substance is an immediate precursor of a substance already controlled under this article.

B.

If the Board, in consultation with the Department of Forensic Science, determines the substance shall be placed into Schedule I or II pursuant to § 54.1-3445 or 54.1-3447, the Board may amend its regulations pursuant to Article 2 (§ 2.2-4006 et seq.) of the Administrative Process Act.

Any substance added to Schedule I or II pursuant to18-month thisperiod, subsectionsuch substance shall remainbe ondescheduled Scheduleunless Ia orgeneral IIlaw foris aenacted periodadding ofsuchf 18such months.substance to Schedule I or II.

Upon expiration of such 18-month period, such substance shall be descheduled unless a general law is enacted adding such substance to Schedule I or II.

If any substance is designated, rescheduled, or descheduled as a controlled substance under federal law and notice of such action is given to the Board, the Board may similarly control the substance under this chapter after the expiration of 30 days from publication in the Federal Register of a final or interim final order or rule designating a substance as a controlled substance or rescheduling or descheduling a substance by amending its regulations in accordance with the requirements of Article 2 (§ 2.2-4006 et a of 39 seq.) of the Administrative Process Act.

Any tetrahydrocannabinol isomer, ester, ether, salt, or salts of such isomer, ester, or ether of 37 scheduled pursuant to this section shall not be included in the definition of marijuana set forth in § 4.1-600, 18.2-247, or 54.1-3401.

2-methoxy-N-phenyl-N-[1-(2-phenylethyl)-4-piperidinyl]-acetamide2-methoxy-N-phenyl-N-[1-(2-phenylethyl)-4-piperidinyl]-acetam(other (other name:

of 39 N-(1-phenethylpiperidin-4-yl)-N-phenyltetrahydrofuran-2-carboxamide (other name:

R N-[1-[1-methyl-2-(2-thienyl)ethyl]-4-piperidyl]-N-phenylpropanamide (other name:

alpha-methylthiofentanyl);E alpN-[1-(1-methyl-2-phenylethyl)-4-piperidyl]-N-phenylacetamide (other name:

N-[1-(1-methyl-2-phenylethyl)-4-piperidyl]-N-phenylacetamide (other name:

E N-{1-[2-hydroxy-2-(2-thienyl)ethyl]-4-piperidinyl}-N-phenylpropanamide (other name:

N beta-hydroxythiofentanyl);

R beta-hydroxyfentanyl);

O N-[1-(alpha-methyl-beta-phenyl)ethyl-4-piperidyl]propionanilide (other names:

1-(1-methyl-2-phenylethyl)-4-(N-propanilido)1-(N-(2-fluorophenyl)-N-[1-(2-phenylethyl)-4-piperidinyl]-propanamide piperidine,(other alpha-methylfentanyl);names:

N-(2-fluorophenyl)-N-[1-(2-phenylethyl)-4-piperidinyl]-propanamide2-fluorofentanyl, (otherortho-fluorofentanyl); names:

2-fluorofentanyl,L ofN-(3-fluorophenyl)-N-[1-(2-phenylethyl)-4-piperidinyl]-propanamide 37(other ortho-fluorofentanyl);name:

N-(3-fluorophenyl)-N-[1-(2-phenylethyl)-4-piperidinyl]-propanamide3-fluorofentEnyl); (other name:

3-fluorofentanyl);

D N-[3-methyl-1-(2-phenylethyl)-4-piperidyl]-N-phenylpropanamide (other name:

3-methylthiofentanyl);3-mN-(4-chlorophenyl)-N-[1-(2-phenylethyl)-4-piperidinyl]-propanamide (other names:

N-(4-chlorophenyl)-N-[1-(2-phenylethyl)-4-piperidinyl]-propanamide (other names:

S para-fluorobutyrylfentanyl);

9 N-(4-fluorophenyl)-N-1-(2-phenylethyl)-4-piperidinyl]-propanamide (other name:

para-fluorofentanyl);para-fluorofe3tanyl);

N,N-diethyl-2-(2-(4-isopropoxybenzyl)-5-nitro-1H-benzimidazol-1-yl)ethan-1-amineIsotonitazene);2-(2-(4-isopropoxybenzyl)-5-nitro-1H-benzimidazol-1-yl)ethan-1-(other (other name:

Isotonitazene);R N,N-diethyl-2-{[(4-ethoxyphenyl) methyl]-1H-benzimidazol-1-yl}-ethan-1-amine (other names:

N,N-diethyl-2-{[(4-ethoxyphenyl)2 methyl]-1H-benzimidazol-1-yl}-ethan-1-amineEtazene, (otherDesnitroetonitazene); names:

Etazene, Desnitroetonitazene);

N-phenyl-N-(4-piperidinyl)-propanamideNoracymethadol;iperidinyl)-propanamide (other name:

Noracymethadol;

N-phenyl-N-[1-(2-phenylethyl)-4-piperidinyl]-pentanamide (other name:

Pentanoyl fentanyl);

thiofentanyl);thiofentanyl);nyl);

Properidine;Propiram;ne;

Propiram;

2-(2,4-dichlorophenyl)-N-[2-(dimethylamino)cyclohexyl]-N-methyl acetamide (other name:

U-48800);

of 39 N-(2-fluorophenyl)-2-methoxy-N-[1-(2-phenylethyl)-4-piperidinyl]-acetamide (other name:

N-phenyl-N-[1-(2-phenylethyl)-4-piperidinyl]-cyclopentanecarboxamideN-phenyl-N-[1-(2-phenylethyl)-4-piperidinyl]-cyclopentanecarbox(other (other name:

Isopropyl of 37 U-47700).

of 39 4-fluoro-N-ethylamphetamine;

R Ibogaine;

LysergicE acidMescaline;cid diethylamide;

Mescaline;E Parahexyl (some trade or other names:

ParahexylN (some3-Hexyl-1-hydroxy-7,8,9,10-tetrahydro-6,6,9-trimethyl-6H-dibenzo trade[b,d] orpyran; other names:

3-Hexyl-1-hydroxy-7,8,9,10-tetrahydro-6,6,9-trimethyl-6H-dibenzo [b,d] pyran;

R N-ethyl-3-piperidyl benzilate;

O N-methyl-3-piperidyl benzilate;

L Psilocyn;

SalvinorinL A;Tetrahydrocannabinols, except as present in (i) industrial hemp, as defined in § 3.2-4112, that is possessed by a person registered pursuant to subsection A of § 3.2-4115 or his agent;

Tetrahydrocannabinols, except as present in (i) industrial hemp, as defined in § 3.2-4112, that is possessed by a person registered pursuant to subsection A of § 3.2-4115 or his agent;

(iv) dronabinol in sesame oil and encapsulated of 37 in a soft gelatin capsule in a drug product approved by the U.S.

2,5-dimethoxyamphetamine2,5-DMA);methoxyamphetamine (some trade or other names:

2,5-DMA);

B 3,4-methylenedioxy-N-ethylamphetamine (also known as N-ethyl-alpha-methyl-3,4 0 (methylenedioxy)phenethylamine, N-ethyl MDA, MDE, MDEA);

E N-hydroxy-3,4-methylenedioxyamphetamine (some other names:

2 N-hydroxy-alpha-methyl-3,4(methylenedioxy)phenethylamine, and N-hydroxy MDA);

4-bromo-2,5-dimethoxy-a-methylphenethylamine;4-b4-methoxyamphetamine (some trade or other names:

4-bromo-2,5-DMA);

4-methoxyamphetamine (some trade or other names:

1-1-(2-thienyl)cyclohexyl]pyrrolidine (other name:

TCPy);

TCPy);

Beta-keto-N-methyl-3,4-benzodioxolylbutanamine (other name:

butylone);

metamfepramone);metamfepramone);er name:

butylone);

4-Iodo-2,5-dimethoxyphenethylamine (other name:

2C-I);

name:

2C-I);

of 39 N,N-diallyl-5-methoxytryptamine (other name:

of 37 4-bromo-2,5-dimethoxy-N-[(2-methoxyphenyl)methyl]-benzeneethanamine (other names:

1-(1,3-benzodioxol-5-yl)-2-(dimethylamino)-1-pentanone1-(1,3-benzodioxol-5-yl)-2-(dimethylamino)-1-pentan(other (other names:

of 39 2-(ethylamino)-2-phenyl-cyclohexanone (other name:

R Alpha-ethylaminohexanophenone (other name:

N-ethyl-1-(3-methoxyphenyl)cyclohexylamineE 4-fluoro-alpha-pyrrolidinohexiophenone (other name:

3-methoxy-PCE);

4-fluoro-alpha-pyrrolidinohexiophenone (other name:

E 2,5-dimethoxy-4-chloroamphetamine (other name:

N 3,4-methylenedioxy-N-tert-butylcathinone;

R 1-[1-(3-hydroxyphenyl)cyclohexyl]piperidine (other name:

O 4-acetyloxy-N,N-diallyltryptamine (other name:

4-hydroxy-N,N-methylisopropyltryptamine (other name:

4-hydroxy-MiPT);

L 5-methoxy-N,N-dibutyltryptamine (other name:

L 1-(1,3-benzodioxol-5-yl)-2-(ethylamino)-1-butanone (other names:

E 1-(1,3-benzodioxol-5-yl)-2-(butylamino)-1-pentanone (other name:

D 1-(benzo[d][1,3]dioxol-5-yl)-2-(sec-butylamino)pentan-1-one (other name:

2-(ethylamino)-1-phenylheptan-1-one (other name:

N-ethylheptedrone);

EAPB);EAPB);-ethylheptedrone);

N-Isobutyl Hexedrone, ofS 37 alpha-isobutylaminohexanphenone);

9 1-(4-methoxyphenyl)-N-methylpropan-2-amine (other names:

para-Methoxymethamphetamine, PMMA);3 PMMN-ethyl-1-(3-hydroxyphenyl)cyclohexylamine (other name:

N-ethyl-1-(3-hydroxyphenyl)cyclohexylamine (other name:

R N-heptyl-3,4-dimethoxyamphetamine (other name:

2 N-hexyl-3,4-dimethoxyamphetamine (other name:

Alpha-pyrrolidinocyclohexanophenone (other name:

alpha-PCYP);

Meclonazepam);Mec7-chloro-5-(2-fluorophenyl)-1,3-dihydro-1,4-benzodiazepin-2-one (other name:

7-chloro-5-(2-fluorophenyl)-1,3-dihydro-1,4-benzodiazepin-2-one (other name:

Flubromazolam;

2-(3-fluorophenyl)-3-methylmorpholine (other name:

3-fluorophenmetrazine);

of 39 4,5-dihydro-5-phenyl-2-oxazolamine);

3-(1-naphthoyl)indole or 1H-indol-3-yl-(1-naphthyl)methane 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 of 37 substituted on the naphthoyl or naphthyl ring to any extent;

(6aR,10aR)-9-(hydroxymethyl)-6,6-dimethyl-3-(2-methyloctan-2-yl)-6a,7,10,10a-tet of 39 rahydrobenzo[c]chromen-1-ol (other name:

R 1-pentyl-3-(4-methyl-1-naphthoyl)indole (other name:

1-pentyl-3-(4-ethyl-1-naphthoyl)indoleE 1-pentyl-3-(4-chloro-1-naphthoyl)indole (other name:

JWH-210);

1-pentyl-3-(4-chloro-1-naphthoyl)indole (other name:

E 1-(5-fluoropentyl)-3-(2-iodobenzoyl)indole (other name:

N 1-((N-methylpiperidin-2-yl)methyl)-3-(1-naphthoyl)indole (other name:

R 1-[(N-methylpiperidin-2-yl)methyl]-3-(2-iodobenzoyl)indole (other name:

O Pravadoline (4-methoxyphenyl)-[2-methyl-1-(2-(4-morpholinyl)ethyl)indol-3-yl]methanone(4-methoxyphenyl)-[2-methyl-1-(2-(4-morpholinyl)ethyl)indol-3-yl]meth(other (other name:

L 1-pentyl-3-(4-methoxybenzoyl)indole (other names:

1-(2-cyclohexylethyl)-3-(2-methoxyphenylacetyl)indoleL 1-pentyl-3-(2,2,3,3-tetramethylcyclopropylmethanone)indole (other names:name:

RCS-8,UR-144);); SR-18);

1-pentyl-3-(2,2,3,3-tetramethylcyclopropylmethanone)indole (other name:

UR-144);

XLR-11, E 5-fluoro-UR-144);

D N-adamantyl-1-fluoropentylindole-3-carboxamide (other name:

(8-quinolinyl)(1-cyclohexylmethyl-indol-3-yl)carboxylate (other name:

BB-22);

B 1-(5-fluoropentyl)-3-(1-naphthoyl)indazole (other name:

0 N-(1-amino-3,3-dimethyl-1-oxobutan-2-yl)-1-pentylindazole-3-carboxamide (other name:

E ADB-PINACA);

N-(1-amino-3-methyl-1-oxobutan-2-yl)-1-(cyclohexylmethyl)indazole-3-carboxamide2 (otherN-(1-amino-3-methyl-1-oxobutan-2-yl)-1-(cyclohexylmethyl)indazole-3-carboxa(other name:

of5-fluoro-AB-PINACA);yl-1-oxobutan-2-yl)-1-(5-fluoropentyl)indazole-3-carboxamide 37 N-(1-amino-3-methyl-1-oxobutan-2-yl)-1-(5-fluoropentyl)indazole-3-carboxamide (other name:

5-fluoro-AB-PINACA);

N-(1-Amino-3,3-dimethyl-1-oxobutan-2-yl)-1-[(4-fluorophenyl)methyl]-1H-indazole-3-carboxamide (other name:

ADB-FUBINACA);ADB-FUBINACA);1-oxobutan-2-yl)-1-[(4-fluorophenyl)methyl]-1H-indazole-3-carboxamide Methyl 2-[1-[(4-fluorophenyl)methyl]-1H-indazole-3-carboxamido]-3,3-dimethylbutanoate (other name:

Methyl 2-[1-[(4-fluorophenyl)methyl]-1H-indazole-3-carboxamido]-3,3-dimethylbutanoate (other name:

Methyl 2-({1-[(4-fluorophenyl)methyl]-1H-indazole-3-carbonyl}amino)-3-methylbutanoat(other2-({1-[(4-fluorophenyl)methyl]-1H-indazole-3-carbonyl}amino)-3-methylbuta(other names:

N-(adamantan-1-yl)-1-(4-fluorobenzyl)-1H-indazole-3-carboxamid(otherN-(adamantan-1-yl)-1-(4-fluorobenzyl)-1H-indazole-3-carboxam(other names:

FUB-AKB48, 5F-APINACA);5F-N-(adamantan-1-yl)-1-(5-fluoropentyl)-1H-indazole-3-carboxamide (other name:

N-(adamantan-1-yl)-1-(5-fluoropentyl)-1H-indazole-3-carboxamide (other name:

N-(1-amino-3,3-dimethyl-1-oxobutan-2-yl)-1-(5-fluoropentyl)indazole-3-carboxam(other5-fluoro-ADB-PINACA);ethyl-1-oxobutan-2-yl)-1-(5-fluoropentyl)indazole-3-carbo(other name:

5-fluoro-ADB-PINACA);

4-cyano of 39 CUMYL-BUTINACA);

of 37 Methyl 2-(1-(cyclohexylmethyl)-1H-indole-3-carboxamido)-3,3-dimethylbutanoate2-(1-(cyclohexylmethyl)-1H-indole-3-carboxamido)-3,3-dimethylbutan(other (other names:

This paragraph shall not apply when it is clearly and conspicuously stated in the advertisement or offer by which such goods or services are advertised or offered for sale, that the supplier or offeror has a limited quantity or of 39 amount of such goods or services for sale, and the supplier or offeror at the time of such advertisement or offer did in fact have or reasonably expected to have at least such quantity or amount for sale;sRle;

Making false or misleading statements of fact concerning the reasons for, existence of, oroE amounts of price10. reductions;

10.

E 11.

Misrepresenting by the use of any written or documentary material that appears to be an invoiceNnvoice or bill for merchandise or services previously ordered;

Notwithstanding any other provision of law, using in any manner the words "wholesale," R "wholesaler," "factory," or "manufacturer" in the supplier's name, or to describe the nature ofofOthe the supplier's business, unless the supplier is actually engaged primarily in selling at wholesale or in manufacturingman13. the goods or services advertised or offered for sale;

13.Using in any contract or lease any liquidated damage clause, penalty clause, or waiver of defense, or attempting to collect any liquidated damages or penalties under any clause, waiver, damages, or penalties that are void or unenforceable under any otherwise applicable laws of the CommonweElth, or under federal statutes or regulations;

Using in any contract or lease any liquidated damage clause, penalty clause, or waiver of defense, or attempting to collect any liquidated damages or penalties under any clause, waiver, damages, or penalties that are void or unenforceable under any otherwise applicable laws of the Commonwealth, or under federal statutes or regulations;

Failing to provide to a consumer, or failing to use or include in any written document or material provided to or executed by a consumer, in connection with a consumer transaction any statement, disclosure, notice, or other information however characterized when the supplier is required byinformation 16in C.F.R.connection with the consumer transaction;

Part 433 to so provide, use, or include the statement, disclosure, notice, or other information14. in connection with the consumer transaction;

14.

S 16.

9 a.

Such disclosure shall be by means ofof3a a sign attached to the goods, or placed in a conspicuous public area of the premises of the supplier, so as to be readily noticeable and readable by the person obtaining the goods from the supplier.

If the supplier doesdoese not permit a refund, exchange, or credit for return, he shall so state on a similar sign.

This subdivision does not apply to sale merchandise that is obviously distressed, out of date, post season, or otherwise reduced for clearance;

nor does this subdivision apply to special order purchases where the purchaserpurchaserse of 37 has requested the supplier to order merchandise of a specific or unusual size, color, or brand not ordinarily carried in the store or the store's catalog;

Such disclosure shall be furnished to the consumer (i) in writing at the time of the layaway agreement, or (ii) by means of a sign placed in a conspicuous public area of the premises of the supplier, so as to be readily noticeable and readable by the consumer, or (iii) on the bill of sale.

Disclosure shall include the conditions, charges, or fees in the event that a consumer breachesbreachesill the agreement;

17.connection with a consumer transaction, failing to adhere to the terms and conditions of such anrises in agreement;

If a supplier enters into a written agreement with a consumer to resolve a dispute that arises in connection with a consumer transaction, failing to adhere to the terms and conditions of such an agreement;

21.(§ 59.1-207.17 et seq.);vision of the Virginia Lease-Purchase Agreement Act, Chapter 17.4 of 39 22.

Violating any provision of the Virginia Lease-Purchase Agreement Act, Chapter 17.4 (§ 59.1-207.17 et seq.);

22.

of 37 50.

of 39 63.

R 65.

66.E 67.

Violating any provision of Chapter 54 (§ 59.1-586 et seq.);

67.

et seq.);

N 69.

As used in this subdivision, "synthetic derivative" means a chemical compound produced by man through a chemical transformationtransformatOon to turn a compound into a different compound by adding or subtracting molecules to or from the originalthe compound.U.S.

ThisFood subdivisionand shallDrug notAdministration (i)and applyscheduled in the Drug Control Act (§ 54.1-3400 et seq.) orby (ii) be construed to productsprohibit thatany areconduct approvedpermitted forunder marketingArticle by4.2 the(§ U.S.54.1-3442.5 et seq.) of Chapter 34 of Title 54.1.

FoodE and70. Drug Administration and scheduled in the Drug Control Act (§ 54.1-3400 et seq.) or (ii) be construed to prohibit any conduct permitted under Article 4.2 (§ 54.1-3442.5 et seq.) of Chapter of Title 54.1.

70.

Food and Drug Administration and scheduled in the Drug Control Act (§ 54.1-3400 et seq.) or (ii) be construed to prohibit any conduct permittedper70. under Article 4.2 (§ 54.1-3442.5 et seq.) of Chapter 34 of Title 54.1 of the Code of Virginia;

70.

Selling or offering for sale any substance intended for human consumption, orally or bybyginia; inhalation, that contains tetrahydrocannabinol, unless such substance is (i) contained in child-resistant packaging, as defined in § 4.1-600;

(ii)inhalation, equipped with a label that states, in English and in a font no less than 1/16 of an inch, (a) that the substance contains tetrahydrocannabinoltetrahydrocannabinol, andunless may not be sold to persons younger than 21 years of age, (b) all ingredients contained in the substance, (c) the amount of such substance thatis constitutes(i) acontained single serving, and (d) the total percentage and milligrams of tetrahydrocannabinol included in thechild-resistant substancepackaging, andas thedefined number of milligrams of tetrahydrocannabinol that are contained in each§ serving;4.1-600;

and(ii) (iii)equipped accompaniedwith bya label that states, in English and in a certificatefont ofno analysis,less producedthan by1/16 of an inch, (a) that the substance contains tetrahydrocannabinol and may not be sold to persons younger than 21 years of age, (b) all ingredients contained in the substance, (c) the aSount of such substance that constitutes a single serving, and (d) the total percentage and milligrams o9 tetrahydrocannabinol included in the substance and the number of milligrams of tetrahydrocannab3nol independent laboratory that is accredited pursuant to standard ISO/IEC 17025 of the InternationalInternationalby an Organization of Standardization by a third-party accrediting body, that states the tetrahydrocannabinol concentration of the substance or the tetrahydrocannabinol concentration of the batch from which the substance originates.

Food and Drug Administration and scheduled in the Drug Control Act (§ 54.1-3400 et seq.) or (ii) be construed to prohibit any conduct permitted under Article 4.2 (§ 54.1-3442.5 et seq.) of Chapter 34 of Title 54.1 of the Code of Virginia;

71.defined in § 3.2-5145.1, a food containing an industrial hemp extract, or a substance containingxtract, as tetrahydrocannabinol that depicts or is in the shape of a human, animal, vehicle, or fruit;

72.

Manufacturing, offering for sale at retail, or selling at retail an industrial hemp extract, as defined in § 3.2-5145.1, a food containing an industrial hemp extract, or a substance containing tetrahydrocannabinol that depicts or is in the shape of a human, animal, vehicle, or fruit;

§ 1125, or other identifying mark, imprint, or device, or any likeness thereof, of a manufacturer, processor, packer, or distributor of a product intended for human consumption other of 37 than the manufacturer, processor, packer, or distributor that did in fact so manufacture, process, pack, or distribute such substance;

andandor, packer, or distributor that did in fact so manufacture, process, pack, or 74.

Food and Drug Administration and scheduled in the Drug Control Act (§ 54.1-3400 et seq.), (ii) be construed to prohibit any conduct permitted under Article 4.2 (§ 54.1-3442.5 et seq.) of Chapter 34 of Title 54.1, or (iii) apply to topical hemp products that were manufactured prior to July 1, 2023, provided that the person provides documentationdocB. of the date of manufacture if requested.

B.

Notwithstanding any other provisions of law to the contrary, the Attorney General, any attorney for the Commonwealth, or the attorney for any city, county, or town may cause an action to be brought in the appropriate circuit court in the name of the Commonwealth, or of the county, city, or town totot of 39 enjoin any violation of § 59.1-200 or 59.1-200.1.

If the court finds that a person has willfully committed a second or subsequent violation of subdivision A 69, 70, 71, 72, 73, or 74 of § 59.1-200, the Attorney General, the attorney for the Commonwealth, or the attorney for the county, city, or town may recover for the Literary Fund, upon petition to the court, a civil penalty of not more than $5,000 per violation.

In any action pursuant to subsection A or, B, or C and in addition to any other amount awarded, the Attorney General, the attorney for the Commonwealth, or the attorney for the county, city, or town may recover any applicable civil penalty or penalties, costs, reasonable expenses incurred by the of 37 state or local agency in investigating and preparing the case not to exceed $1,000 per violation, and attorney's fees.

That the Department of Agriculture and Consumer Services (the Department) shall collect and of 39 compile information regarding enforcement actions taken by the Department pursuant to § 3.2-5145.2:1 of the Code of Virginia, as amended by this act, and the nature of the products manufactured,R sold, or offered for sale in violation of § 3.2-5145.2:1 of the Code of Virginia, as amended by this act.

The Department shall report its findings to the Governor and the ChairmenChairmen,Eas of the Senate Committee on Rehabilitation and Social Services and the House Committee on General Laws by November 1, 2023.

E 4.

That the Virginia Cannabis Control Authority (the Authority) shall, in consultation with thetheN Department of Agriculture and Consumer Services, conduct a study regarding edible hemp products and hemp products intended for smoking and report the following:

(i) a summary of the R approaches taken by other states to address the public safety and health challenges posed by thethO online and in-person sale of hemp-derived products and a recommendation as to whether the Commonwealth may benefit from adopting one or more of these approaches or another approach and (ii) a summary and the implications of any pending federal legislation on hemp-derived L products.

The Authority shall report its findings to the Governor and the Chairmen of the Senate Committee on Rehabilitation and Social Services and the House Committee on General Laws by E November 1, 2023.

5.54.1-3442.8) of Chapter 34 of Title 54.1 of the Code of Virginia shall remain effective until D January 1, 2024.

That notwithstanding any other provision of law, Article 4.2 (§§ 54.1-3442.5 through 54.1-3442.8) of Chapter 34 of Title 54.1 of the Code of Virginia shall remain effective until January 1, 2024.

That the provisions of this act may result in a net increase in periods of imprisonment or commitment.necessary appropriation is $0 for periods of imprisonment in state adult correctional facilities and cannot be determined for periods of commitment to the custody of the Department of Juvenile Justice.

PursuantB toE §2 30-19.1:4 of the Code of Virginia, the estimated amount of the necessary appropriation is $0 for periods of imprisonment in state adult correctional facilities and cannot be determined for periods of commitment to the custody of the Department of Juvenile Justice.