SB 1090 — Pharmaceutical processor or cannabis dispensing facility; increases number of permits issued.

SESSION INTRODUCEDENGROSSED 23101461D I SENATE BILL NO.

1090 OfferedSenate JanuaryAmendments 11,in 2023[ N] - February 7, 2023 Prefiled January 9, 2023 T A BILL to amend and reenact § 54.1-3442.6 of the Code of Virginia, relating to the Board of Pharmacy;

RPatron Patron––EbbinPrior Oto Engrossment––Senator Ebbin –––––––––– Referred to Committee on Education and Health DE –––––––––– UN Be it enacted by the General Assembly of Virginia:

CG § 54.1-3442.6.

ER A.

S B.

The number of permits that the Board may issue or renew in any year is limited to one two pharmaceutical processor processors and up to five cannabis dispensing facilities per pharmaceutical processor for each healthDealth service area established by the Board of Health.

No pharmaceutical processor, or any general partner, any member, any limited partner of 10 percent or more with voting rights, any officer, directorSdirector, or shareholder owning 10 percent or more of its capital stock, or any member-manager or member own1ngowning 10 percent or more of the membership interest shall hold more than one permit.

Permits shall be9be displayed in a conspicuous place on the premises of the pharmaceutical processor and cannabis 0 disC.

Such regulations shall include requirementsreSuirements for (i) physical standards;

(vi) labeling, including the potency of each botanicalbotani0al cannabis product and the amounts recommended by the practitioner or dispensing pharmacist, and 0 packaging;

A minimum sample size, to be determined by the SB1090SB1090E 2 of 3 certified testing laboratory, from each batch of botanical cannabis is required to achieve a representative botanical cannabis sample for analysis.

A pharmaceutical processor may process and formulate such extracts into an allowable dosage of 3 ofsubject to the same third-party testing requirements that may apply to cannabis product.plant extract.

IndustrialTestinge hempshall extractsbe acquiredperformed and formulated by a pharmaceuticallaboratory processorlocated arein subjectVirginia toand thein samecompliance third-partywith testingstate requirementslaw thatgoverning maythe applytesting toof cannabis plantproducts. extract.

IestingThe industrial hemp dealer or processor shall provide such third-party testing ofresults cannabisto products.the pharmaceutical processor before industrial hemp extracts may be acquired.

The industrial hemp dealer or processor shall provide such third-partye testing results to the pharmaceutical processor before industrial hemp extracts may be acquiredT N.

Prior to adopting any regulation pursuant to this section, the Board of Pharmacy shall publish a notice of opportunity to comment in the VirginiaOVirginia Register of Regulations and post the action on the Virginia Regulatory Town Hall.

Such notice oDoE opportunity to comment shall contain (i) a summary of the proposed regulation;

and(ii) (iii) the name,text address, and telephone number of the agencyproposed contactregulation; peUson responsible for receiving public comments.

Suchand notice(iii) shallthe bename, madeaddress, atand leasttelephone 60number daysof inthe advanceagency ofcontact thepeNson last date prescribed in such notice for submittals of public comment.

The legislative review provisions of subsections A and B of § 2.2-4014 shall apply to the promulgation or final adoption process forEforR commentsregulations received for any regulation adopted pursuant to this section.idersection. and keep on file allDpublic O.

The Board of Pharmacy shall registerconsider and keep on file all cannabispublic productscomments thatreceived meetfor testing,any labeling,regulation andadopted packagingpursuant standards.to this section.

2.O O.

ThatThe theBoard provisionsshall ofregister thisall actcannabis prohibitingproducts athat pharmaceuticalmeet processortesting, fromlabeling, holdingand morepackagingSstandards. than accordance with § 54.1-3442.6 of the Code of Virginia, as amended by this act, from the Board of Pharmacy prior to July 1, 2023.

Bone 0permit shall not apply to any pharmaceutical processor that has received a permit inore than accordance with § 54.1-3442.6 of the Code of Virginia, as amended by this act, from the Board of Pharmacy prior to July 1, 2023.

E [ 3.

That, except for permits issued by the Board of Pharmacy in accordance with § 54.1-3442.6 Df the Code of Virginia, as amended by this act, prior to July 1, 2023, no permit authorized by the interest, membership interest, and voting rights of the applicant are held by a qualifying hemphip processor or grower.

For the purposes of this enactment, "qualifying hemp processor or grower" means a hemp processor or grower that (i) 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 January 1, 2020;

(ii) satisfied all background check and other security clearance 2022;

(iii) has no less than $1 million in liquid or nonliquid assets;

and (iv) has submitted planting and propagation reports for 5,000 square feet or more of hemp cultivation or processed an 0 equivalent amount of hemp as determined by the Board of Pharmacy in consultation with the 0 Board of Directors of the Virginia Cannabis Control Authority.

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