SB 448 — Cannabis control; establishes a framework for creation of a retail marijuana market, penalties.

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

products to marijuana who2esalers, "Marijuana paraphernalia" means all equipment, products, and materials of any kind that are either designed for use or are intended for use in planting, propagating, cultivating, growing, harvesting,harvesting,r manufacturing, compounding, converting, producing, processing, preparing, strength testing, analyzing, of 82 packaging, repackaging, storing, containing, concealing, ingesting, inhaling, or otherwise introducing into the human body marijuana.

SB448H2 4 of 81 "Marijuana processing facility" means a facility licensed under § 4.1-801.

Further, the General Assembly determines that the creation of an authority for this purpose is in the public interest, serves a public purpose, and will promote the health, of 82 safety, welfare, convenience, and prosperity of the people of the Commonwealth.

To achieve this objective, there is hereby created an independent political subdivision of the Commonwealth, exclusiveexElusive of the legislative, executive, or judicial branches of state government, to be known as the Virginia ofCannabis 81Control shallAuthority. be deemed the performance of an essential governmental function and a matter of public necessity for which public moneys may be spent.

B.The Authority's exercise of powers and duties conferred by this subtitle shall be deemed the performance of an essential governmental function and a matter of public neRessity for which public moneys may be spent.

The Board of Directors of the Authority is vested with control of the possession, sale, transportation, distribution, and delivery of retail marijuana and retail marijuana products in the Commonwealth, with plenary power to prescribe and enforce regulations and conditions under which retail marijuana and retail marijuana products are possessed, sold, transported, distributed, and delivered, so as to prevent any corrupt, incompetent, dishonest, or unprincipled practices and to promote the health,d,health, safety, welfare, convenience, and prosperity of the people of the Commonwealth.

The exercise ofofEthe the powers granted by this subtitle shall be in all respects for the benefit of the citizens of the Commonwealth and for the promotion of their safety, health, welfare, and convenience.

No part of the assets or net earnings of the Authority shall inure to the benefit of, or be distributable to, any private Authorityindividual, affectingexcept onethat orreasonable morecompensation ofmay itsbe purposes,paid andfor benefitsservices mayrendered beto conferredor thatfor arethe in conformity with said purposes, and no private individual shall be entitled to share in the distribution of any of the corporate assets on dissolution of the Authority.

H § 4.1-603.

OS advisoryA. council to the Board.

The purposeCannabis ofPublic theHealth Advisory Council is(the toAdvisory assessCouncil) andis monitorestablished pubUicas healthan issues,4 trends,advisory andcouncil impacts related to marijuanathe andBoard. marijuana legalization and make recommendations regarding health warnings, retail;

marijuanaThe purpose of the Advisory Council is to assess and retailmonitor pub8ic health issues, trends, and impacts related to marijuana productsand safeSymarijuana legalization and productmake composition,;R recommendations regarding health warnings, retail;

marijuana and retail marijuana products safety and product composition,;

The Advisory Council shall have a total membership of 21 members that shall consist of 14E14 Council shall be citizens of the Commonwealth and shall reflect the racial, ethnic, gender, andthe geographic diversity of the Commonwealth.

four to be appointed by the Senate Committee on Rules, one of whom shall be a represenSativerepresentative from the Virginia Foundation for Healthy Youth, one of whom shall be a representative from the Virginia Chapter of the American Academy of Pediatrics, one of whom shall be a representative fUomfrom the Medical Society of Virginia, and one of whom shall be a representative from the Virginia Pharmacists Association;

six to be appointed by the Speaker of the House of Delegates, one of whom shall be a representative from a community services board, one of whom shall be a person or heaSthhealth care provider with expertise in substance use disorder treatment and recovery, one of whom shall be a a person or health care provider with expertiseexperience in substancedisability userights disorderadvocacy, prevention, one of whom shall be a person with experience be in disabilityveterans rightshealth advocacy,care, and one of whom shall be a person with expeIiencea andsocial fouror tohealth beequity appointedbackground; by the Governor, subject to confirmation by the General Assembly, one ofund;

and four to be appointed by the Governor, subject to confirmation by the General Assembly, one of whom shall be a representative of a local health district, one of whom shall be a person who is part of the cannabis industry, one of whom shall be an academic researcher knowledgeable about cannabis, and one of whom shall be a registered medical cannabis patient.

T The Secretary of Health and Human Resources, the Commissioner of Health, the Commissioner of Services,Behavioral theHealth Directorand ofDevelopmental Services, the DepartmentCommissioner of HealthAgriculture Professions,and Consumer Services, the Director of the Department of ForensicHealth Science,Professions, and the ChiefDirector Executive Officer of the VirginiaDepartment Cannabisof Control Authority, or their designees, shall serve ex officio with voting privileges.

Ex officio members of the Advisory CouncilCouncilir shall serve terms coincident with their terms of office.

After the initial staggering of terms, nonlegislative citizen members shall be appointed for a term of terms.four years.

Appointments to fill vacancies, other than by expiration of a term, shall be for the unexpired terms.

All members may bexpiredbe reappointed.

The Advisory Council shall be chaired by the Secretary of Health and Human Resources or his B designee.

A majority of the members shall constitute a quorum unless the Advisory Council adopts a policyHbypolicy by the affirmative vote of a majority of the Advisory Council members tothat constituteallows for a quorum,lesser whichnumber of meet at least two times each year and shall bemeet noat lessthe thancall nineof members.the chairman or, whenever the majority of the members so request, or upon the Board's submission of regulations to the Advisory Council for of 82 approval.

The Advisory Council shall meet at least two times each year and shall meet at the call of the chairman or, whenever the majority of the members so request, or upon the Board's submission of regulations to the Advisory Council for approval.

SB448H2 6 of 81 C.

of 82 10.

Establish a position for an individual with professional experience in a health related field who shall staff the Cannabis Public Health Advisory Council, established pursuant to § 4.1-603, liaiseliaEse with the Office of the Secretary of Health and Human Resources and relevant health and human services agencies and organizations, and perform other duties as needed;

ofN 8111. Liaison and the Director of Diversity, Equity, and Inclusion, to promote and encourage participation in the marijuana industry by people from historically economically disadvantaged communities that have been disproportionately impacted by marijuana prohibition and enforcement and to positively impact those communities;

12.Establish and implement a plan, in coordination with the Cannabis Social Equity Micro BuRiness Liaison and the Director of Diversity, Equity, and Inclusion, to promote and encourage participation in been disproportionately impacted by marijuana prohibition and enforcement and to positively impacte those communities;

L 12.

14.13.

Fix,Adopt, alter,use, charge, and collectalter rates, rentals, fees, and other charges for the use of property of, the sale of products of, or services rendered by the Authority at rateswill toa becommon determinedseal; by the Authority for the purpose of providing for the payment of the expenses of the Authority;

15.L 14.

Fix, alter, charge, and collect rates, rentals, fees, and other charges for the use of pEoperty of, the sale of products of, or services rendered by the Authority at rates to be determined by the Authority for the purpose of providing for the payment of the expenses of the Authority;

D 15.

Legal The Board may employ or retain legal counsel of its choice to advise or represent the AuthorityAutSority in hearings, controversies, or other matters involving the interests of the Authority;

however,however,4upon uponrequest by the Board, the Attorney General shall provide legal services for the Authority shall8be provided by the Attorney General in accordance with Chapter 5 (§ 2.2-500 et seq.) of Title 2.2;Ube2.2;R 17.

Receive and accept from any federal or private agency, foundation, corporation, association, or person grants or other aid to be expended in accomplishing the objectives of the Authority, andSreceiveand receive and accept from the Commonwealth or any state and any municipality, county, or other political subdivisionthings thereofof orvalue, fromto anybe otherheld, sourceused, aidand orapplied contributionsonly offor eitherthe money,purposes property,for orEotherwhich such grants andr other contributions may be made.

All federal moneys accepted under this section shall be accepted and expended by the Authority upon such terms and conditions as are prescribed by the United States and as are consistent with state law, and all state moneys accepted under this section shall be expendSdexpended by the Authority upon such terms and conditions as are prescribed by the Commonwealth;

Adopt, alter, and repeal bylaws, rules, and regulations governing the manner in which itUits business shall be transacted and the manner in which the powers of the Authority shall be exercised and its duties performed.

The Board may delegate or assign any duty or task to be performed by thecBsedthe and Authority to any officer or employee of the Authority.

The Board shall remain responsible for tSethe performanceappropriate, ofbe anyaccompanied suchby written guidelines for the exercise of the duties or tasks.tasks delegated.

AnyWhere delegation pursuant to this subdivision shall, where appropriate, bethe accompaniedguidelines byshall writtenrequire guidelinesthat for the exerciseBoard ofreceive thesummaries dutiesof oractions taskstaken. delegated.

WhereSuch appropriate,delegation theor guidelinesassignment shall requirenot thatrelieve the Board receiveof summariesthe responsibility to ensure faithful performance of actionsthe takIn.duties and tasks;

Such19. of the duties and tasks;

shall not relieve the Board of the responsibility to ensure faithful performance 19.

U 20.

Develop policies and procedures generally applicable to the procurement of goods, servicTs,services, and construction, based upon competitive principles;

Title21. 2.2;elop policies and procedures consistent with Article 4 (§ 2.2-4347 et seq.) of ChapteE 43 of 22.

Develop policies and procedures consistent with Article 4 (§ 2.2-4347 et seq.) of Chapter 43 of Tit22.

lease as lessor to any person any property, real, personal or mixed, tangible or intangible, or any interest therein, at any time acquired by the Authority, whether wholly or partially completed, at such annualnterestannual rental and on such terms and conditions as may be determined by the Board;

H considered necessary or useful in carrying into effect the purposes of this subtitle, including rectifying, blending, and processing plants;

of 82 24.

Hold and conduct hearings, issue subpoenas requiring the attendance of witnesses and the SB448H2 8 of 81 production of records, memoranda, papers, and other documents before the Board or any agent of the Board, and administer oaths and take testimony thereunder.

of 82 B.

Govern the outdoor cultivation of marijuana by a marijuana cultivation facility licensee,licensee,Eincluding including security requirements to include lighting, physical security, and alarm requirements, provided that such requirements do not prohibit the cultivation of marijuana outdoors or in a greenhouse;

N 2.

Establish requirements for securely transporting marijuana between marijuana establishments;establishmenRs;

of3. 81 4.

Establish asanitary testingstandards program for retail marijuana andproduct retailpreparation; marijuana products pursuant to Chapter 14 (§ 4.1-1400 et seq.);

14 (§ 4.1-1400 et seq.);g program for retail marijuana and retail marijuana products pursuant tO Chapter 5.

retailL marijuana6. products to be sold or offered for sale by a licensee to a consumer in accordance with the provisions of this subtitle;

7.Establish requirements for health and safety warning labels to be placed on retail marijuEna and retail marijuana products to be sold or offered for sale by a licensee to a consumer in accordance with the provisions of this subtitle;

EstablishD a7. maximum tetrahydrocannabinol level for retail marijuana products, which shall not exceed (i) five 10 milligrams per serving for edible marijuana products and where practicable an equivalent amount for other marijuana products or (ii) 50 100 milligrams per package for edible regulations may include other product and dispensing limitations on tetrahydrocannabinol;s.

SuchEstablish 8.a maximum tetrahydrocannabinol level for retail marijuana products, which shall not exceed (i) five 10 milligrams per serving for edible marijuana products and where practicable an marijuana products and where practicable an equivalent amount for other marijuana products.

Such regulations may include other product and dispensing limitations on tetrahydrocannabinol;

8.

HS 9.

Provide alternative methods for licensees to maintain and store business records that areare4subject subject to Board inspection, including methods for Board-approved electronic and offsite storage;

O8 stores10. in the community and (ii) metrics that have similarly shown an association with negativeUmarijuana community-level health outcomes or health disparities.

Establish (i) criteria by which to evaluate new licensees based on the density of retailRmarijuana stores in the community and (ii) metrics that have similarly shown an association with negative community-level health outcomes or health disparities.

Such regulationsevenly shallamong ensureall thatareas marijuanaof establishmentthe Commonwealth;ablishment licenses are, as possible and practicable, issued evenly11. among all areas of the Commonwealth;

ERequire retail licensees to file an appeal from any hearing decision rendered by a hearing officer within 30 days of the date the notice of the decision is sent.

Prescribe the schedule of proration for refunded license fees to licensees who qualify pSrsuantpursuant to subsection C of § 4.1-1002;

Establish criteria by which to evaluate social equity identify micro business license apUlicants,applicants, Commonwealthwhich andshall isbe either (i) an applicant withwho that has atlived leastor 66been percentdomiciled ownershipfor andat directleast control12 bymonths ain personthe orCommonwealth personsand whois either (i) havean beenapplicant convictedwith ofthat orhas adjudicatedat delinquentleast for66 anySpercent ownership and direct misdemeanor violation of § 18.2-248.1, former § 18.2-250.1, or subsection A of § 18.2-265.3 as it relates to marijuana;

(ii) an applicant with at least 66 percent ownership by a person or persons who is are the parent, child, sibling, or spouse of a person who has been convicted of or adjudicated delinqueItdelinquent for any misdemeanor violation of § 18.2-248.1, former § 18.2-250.1, or subsection A of § 18.2-265.3 as it relates to marijuana;

(iii) an applicant with at least 66 percent ownership by a person or persons who have haveshave resided for at least three of the past five years in a jurisdiction that is determined by the Board after utilizing census tract data made available by the United States Census Bureau to have been U disproportionately policed for marijuana crimes;

(iv) an applicant with at least 66 percent ownTrshipownership by a person or persons who have resided for at least three of the last five years in a jurisdiction determined economically distressed;

(v) have received a federal Pell Grant or attended for at least two years a college or university located in the Commonwealth at which at least 30 percent of the thestudents, Unitedon States;ge,average, are eligible for a federal Pell Grant;

or (vi) is a veteran of the armed forces of 14.the United States;

14.

4requirements 15.for (i) any a preference in the licensing process for qualified social equity applicants,;

Establish(ii) For applicants that meet the criteria set forth in subdivision 13, establish sHandards and what percentage of application or license fees are waived for a qualified social equity applicant, and toii)to of 82 promote participation by micro businesses with an inability to pay standard application and license fees;

The Board shall establish a SB448H2 10 of 81 process that prioritizes such applicants based on the number of subdivision 13 criteria categories met and ensures that increased priority is provided to applicants that meet the most criteria categories;

With regard to regulations governing licensees that have been issued a permit by the Board of Pharmacy to operate as a pharmaceutical processor or cannabis dispensing facility pursuant to Article 4.2 of 82 (§ 54.1-3442.5 et seq.) of the Drug Control Act Chapter 16 (§ 4.1-1600 et seq.), the Board shall make reasonable efforts (i) to align such regulations with any applicable regulations promulgated bybyEthe the Board of Pharmacy that establish health, safety, and security requirements for pharmaceutical processors and cannabis dispensing facilities and (ii) to deem in compliance with applicable regulations promulgated pursuant to this subtitle such pharmaceutical processors and cannabis dispensing facilities thatthaR have been found to be in compliance with regulations promulgated by the Board of Pharmacy that mirror or are of 81 subtitle.nsive in scope than similar regulations promulgated pursuant to other provisions of thisthOs H.

L § 4.1-607.

five members appointed by the Governor and confirmed by the affirmativeaffirEative vote of a majority of those voting in each house of the General Assembly and two members appointed by the Joint Rules Committee and confirmed by the affirmative vote of a majority of those voting in each house of the General Assembly.

Each appointee shall (i) have been a resident of the Commonwealth for a period of at least three years next preceding his appointment, and his continued residencybusiness shallor be a conditionrelated field of hisstudy; tenure in office;

(ii)and hold,(iii) atpossess a minimum,minimum aof baccalaureateseven years of demonstrated degree in businessexperience or aexpertise relatedin fieldthe direct management, supervision, or control of study;a business or legal affairs.

and (iii) possess a minimum of seven years of demonstrated Members shall be appointed in a manner that ensures expertise among the Board members in health, affairs.law, agriculture, finance, and law enforcement.

law,Appointees agriculture,shall finance,reflect the racial, ethnic, geSder, and lawgeographic enforcement.diversity of the Commonwealth.

Appointees shall reflectbe thesubject racial,to ethnic,a gender,background andcheck geographicin diversity4 ofaccordance thewith Commonwealth.§ 4.1-609.

Appointees8 shallB. be subject to a background check in H accordance with § 4.1-609.

B.After the initial staggering of terms, members shall be appointed for a term of five yearR.

AfterAll the initial staggering of terms, members shall beserve appointeduntil fortheir asuccessors termare ofappointed. five years.

AllAny appointment to fill a vacancy shall be for the unexpired term.

No member appointed by the Governor shall be eligible to serve more than twUltwo be for consecutive terms;

however, a member appointed to fill a vacancy may serve two additional consecutive terms.improper use of its police powers, malfeasance, misfeasance, incompetence, misconduct, neglect of duty, absenteeism, conflict of interests, failure to carry out the policies of the Commonwealth as established in the Constitution or by the General Assembly, or refusal to carry out a lawful directive of the Governor.

MembersC. of the Board may be removed from office by the Governor for cause, including theS improper use of its police powers, malfeasance, misfeasance, incompetence, misconduct, neglect of duty, absenteeism, conflict of interests, failure to carry out the policies of the Commonwealth as esEablished in theC.

The Governor shall appoint the chairman and vice-chairman of the Board from among thethethe Governor.membership of the Board.

membership of the Board.

The Board may also form committees and advisory councils, which may include S representatives who are not members of the Board, to undertake more extensive study and discussion of the issues before the Board.

A majority of the Board shall constitute a quorum for the transactUontransaction of the theAuthority's rightsbusiness, and performno allvacancy dutiesin of the Authority.hipmembership shall impair the right of a quorum to exBrciseexercise D.theD.

Special Seetingsmeetings may be held at any time upon the call of the chairman of the Board or the Chief Executive Officer or upon the written request of a majority of the Board members.

T E.

Members of the Board shall receive annually such salary, compensation, and reimbursement Ifof expenses for the performance of their official duties as set forth in the general appropriation act for members of the House of Delegates when the General Assembly is not in session, except that thenthe act for chairman of the Board shall receive annually such salary, compensation, and reimbursement of expenses for the performance of his official duties as set forth in the general appropriation act for a member of the Senate of Virginia when the General Assembly is not in session.

Tshall F.apply to the members of the Board, the Chief Executive Officer of the Authority, and thet seq.) employees of the Authority.

The provisions of the State and Local Government Conflict of Interests Act (§ 2.2-3100 et seq.) employees of the Authority.of the Board, the Chief Executive Officer of the Authority, and the E § 4.1-611.

To ensure that no retail marijuana or retail marijuana products grown or processed by a marijuana establishment are sold or otherwise transferred except as authorized by law, the Board shall develop and maintain a seed-to-sale tracking system that tracks retail marijuana from either the seed or immature marijuanaplant store.lstage until the retail marijuana or retail marijuana product is sold to a customer at a retail §marijuana 4.1-614.store.

§ 4.1-614.

All moneys collected by the Board shall be paid directly and promptly into the state treasury, or shall be deposited to the credit of the State Treasurer in a state depository, without any deductions on account of salaries, fees, costs, charges, expenses, refunds, or claims of any description whatHver,whatever, asasn reqAllrequired moneysby so§ paid2.2-1802. into the state treasury, less the net profits determined pursuant to subsection C, shall be set aside as and constitute an Enterprise Fund, subject to appropriation, for the payment of (i) the salaries and remuneration of the members, agents, and employees of the Board and (ii) all costs and expenses incurred in the administration of this subtitle.

of 82 All moneys so paid into the state treasury, less the net profits determined pursuant to subsection C, shall be set aside as and constitute an Enterprise Fund, subject to appropriation, for the payment of (i) the salaries and remuneration of the members, agents, and employees of the Board and (ii) all costs and expenses incurred in the administration of this subtitle.

The net profits derived under the provisions of this subtitle shall be transferred by the Comptroller to the general fund of the state treasury quarterly, within 50 days after the close of each quarter or as SB448H2 12 of 81 otherwise provided in the appropriation act.

The date set by the order shall comply with the provisions of § 24.2-682, but in no event shall such date be more than 90 days from the date the of 82 order is issued.

The clerk of the circuit court shall publish notice of the referendum in a newspaper of general circulation in the locality once a week for three consecutive weeks prior to the referendum.refereEdum.

"Shall the operation of retail marijuana stores be prohibited in __________ (name of county, city, or town)?" R The referendum shall be held and the results certified as provided in § 24.2-684.

In addition to the certifications required by such section, the secretary of the localreferendum electoralto board shall certify the resultsBoard of 81 governing body of the locality.of Directors of the Virginia Cannabis Control Authority and to the B.the results governing body of the locality.

IfL aB. majority of the qualified voters voting in such referendum vote "No" on the question of whether retail marijuana stores shall be prohibited in the locality, retail marijuana stores shall be permitted to operate within the locality 60 days after the results are certified or on January 1, 2025, whichever is later, and no subsequent referendum may be held pursuant to this section within such locIf a majority of the qualified voters voting in such referendum vote "Yes" on the question of whether retail marijuana stores shall be prohibited in the locality, retail marijuana stores shall be prohibited in the locality effective January 1 of the year immediately following the referendum.

AIf a majority of the qualified voters voting in such referendum vote "No" on the same question mayof bewhether heldretail subsequentmarijuana tostores ashall votebe toprohibited prohibitin the locality, retail marijuana stores butshall notbe earlierpermitted thanto fouroperate yearswithin following the datelocality of60 days after the previousresults referendum.are certified or on January E, 2025, whichever is later, and no subsequent referendum may be held pursuant to this section within such locality.

AnyD subsequentIf a majority of the qualified voters voting in such referendum vote "Yes" on the question of whether retail marijuana stores shall be prohibited in the locality, retail marijuana stores shall be prohibited in same question may be held purC.subsequent to a vote to prohibit retail marijuana stores but not earlier than four years following the date of the previous referendum.

WhenAny anysubsequent referendum isshall be held pursuant to this section in a town, separate and apart from the countyprovisions inof whichthis suchsection. town or a part thereof is located, such town shall be treated as being separate and apart from such county.

WhenC. any referendum in held pursuant to this section in a county, any town located within such county shall be treated as being part of such county.

D.When any referendum is held pursuant to this section in a town, separate and apart from tSe county in which such town or a part thereof is located, such town shall be treated as being sep4rate and apart from such county.

TheWhen legality of any referendum in held pursuant to this section shallin bea subject to the inquiry, upon the complaint of 15 or more qualified voters of the county, city,a8y ortown town,located filed within 30Udayssuch aftercounty theshall datebe thetreated resultsas ofbeing thepart referendum are certified and setting out fully the grounds of contest.such county.

TheR complaintD. and the proceedings shall conform as nearly as practicable to the provisions of § 15.S-1654, and the judgment of the court entered of record shall be a final determination of the legality of the referendum.

EThe operationlegality of aany marijuanareferendum establishmentheld bypursuant andto onthis thesection premisesshall ofbe asubject pharmaceuticalto processorthe orndinquiry, cannabisdetermination, dispensingand facilityjudgment thatof holdsthe acircuit validcourt permitthat issuedordered by the Boardreferendum. pursuant to Chapter 16 (§ 4.1-1600 et seq.) prior to November 1, 2024.

SThe court shall proceed upon the complaint of 15 or more qualified voters of the county, city, or town, filed within 30 days after complaint and the proceedings shall conform as nearly as practicable to the provisions of § 4.1-630.15.2-1654, and the judgment of the court entered of record shall be a final determination of the legality of the referendum.

E.

Referendums held pursuant to this section shall not apply to or prohibit the licensure and operation of a marijuana establishment by and on the premises of a pharmaceutical processor or cannabis dispensing facility that holds a valid permit issued by the Board pursuant to Chapter 16 (§ 4.1-1600 et seq.) prior to November 1, 2024.

§ 4.1-630.

No county, city, or town shall, except as provided in §§ 4.1-629 and 4.1-631, adopt any oUdinanceordinance handling, transportation, consumption, use, advertising, or dispensing of marijuana or marijuanaution, products in the Commonwealth.

S B.

However, the governing body of any county, city, or town may adopt an ordinance that prohibits in its local public parks, playgrounds, public streets, or any sidewalk adjoining any public street the acts described in § 4.1-1108 or the acts described in § 4.1-1109 and may provide a penalty for Iiolationviolation theC.thereof.

C.

Ucounties, D.cities, and towns, inconsistent with any of the provisions of this subtitle, are repealed to the extent of such inconsistency.

Except§ as provided in this section, all local acts, including charter provisions and ordiTances of counties, cities, and towns, inconsistent with any of the provisions of this subtitle, are repealed to the ext§ 4.1-631.

E The governing body of each county may adopt ordinances effective in that portion of such county not embraced within the corporate limits of any incorporated town, and the governing body of each city and town may adopt ordinances effective in such city or town, fixing hours during which marijuana and marijuana products may be sold.

Such governing bodies shall provide for fines and other penalties for misdemeanorsviolations withof aany rightsuch ofordinances, appealwhich pursuantshall tobe §enforced 16.1-106.asas if the violations were Class 1 Amisdemeanors copywith ofa anyright ordinanceof adoptedappeal pursuant to this§ section16.1-106. shall be certified by the clerk of the governing body adopting it and transmitted to the Board.

BA Oncopy of any ordinance adopted pursuant to this section shall be certified by the clerk of the govOn and after the effective date of any ordinance adopted pursuant to this section, no marijuana store shall sell marijuana or marijuana products during the hours limited by the ordinance.

Hof ADMINISTRATION82 OFCHAPTER LICENSES;7.

ADMINISTRATION OF LICENSES;

2 § 4.1-700.

(ii) a handler, grower, or processor of industrial hemp that is registered with the Commissioner of Agriculture and Consumer Services pursuant to SB448H2 14 of 81 Chapter 41.1 (§ 3.2-4112 et seq.) of Title 3.2 and is acting in accordance with the provisions of Title 3.2;

Every licensed retail marijuana store shall keep complete, accurate, and separate records in of 82 accordance with Board regulations of all purchases of marijuana products, the prices charged such licensee therefor, and the names and addresses of the persons from whom purchased.

Every licensedlicensEd retail marijuana store shall also preserve all invoices showing its purchases for a period as specified by Board regulations.

Except as otherwise providedprovideR in subsections C and D, such account need not give the names or addresses of the purchasers thereof, exceptexcNotwithstanding asthe provisions of subsection D, electronic records of licensed retail marijuana stores may be requiredstored off site, provided that such records are readily retrievable and available for electronic inspection by the Board regulation.or its special agents at the licensed premises.

NotwithstandingHowever, in the provisionscase ofthat subsectionsuch D, electronic records ofare not readily available for electronic inspection on the licensed retailpremises, marijuanathe storeslicensee ofmay 81obtain inspectionBoard byapproval, for good cause shown, to permit the licensee to provide theE records to a special agent of the Board within three business days or itsless, specialas agentsdetermined atby the licensedBoard, premises.after a request is made to inspect the records.

However,D inC. the case that suchc electronic records are not readily available for electronic inspection on the licensed premises, the licensee may obtain Board approval, for good cause shown, to permit the licensee to provide the records to a special agent of the Board within three business days or less, as determined by the Board, after a request is made to inspect the records.

Every licensed marijuana testing facility shall keep records of the names and addresses of all licensees or persons who submit marijuana or marijuana products to the marijuana testing facility.llfacility. D.

The Board and its special agents shall be allowed free access during reasonable hours to every place in the Commonwealth and to the premises of every licensee or for the purpose of examining andandy inspecting such place and all records, invoices, and accounts therein.

For the purposes of a Board inspection of the records of any retail marijuana store licensees, open to the public substantially during the same hours, "reasonable hours" means the business hours notbetween when9 thea.m. licensee is open to the public.

Atand any5 otherp.m.; time of day, if the retail marijuana store licensee's records are not available for inspection, the licensee shall provide the records to a special agent of the Board within 24 hours after a request is made to inspect the records.

however, if the licensee generallS is not open to the public substantially during the same hours, "reasonable hours" means the business h4urs when the licensee is open to the public.

At any other time of day, if the retail marijuana stor8 licensee's records are not available for inspection, the licensee shall provide the records to a special aRent of the Board within 24 hours after a request is made to inspect the records.

OADMINISTRATION §OF 4.1-800.LICENSES;

MarijuanaLICENSES cultivationGRANTED facility license.RANTED BY BOARD.

U A.

to purchase or take possessiSnpossession of marijuana plants and seeds from other marijuana cultivation facilities;

to transfEr transfer possession of and sell marijuana, immature marijuana plants, and marijuana seeds to othermarijuana marijuanatotransporters; cultivation facilities;

to transfer possession of and sell marijuana, marijuana plants, and marijuana seeds to other marijuana cultivation facilities;

Tier I marijuana cultivation facility license, which shall authorize the licensee to cultSvatecultivate marijuana indoors or outdoors with a canopy that does not exceed 2,000 square feet.

2.marijuana indoors or outdoors with a canopy that does not exceed 10,000 square feet.nsee to cultivate 3.

Tier II marijuana cultivation facility license, which shall authorize the licensee to culUivate mar3.

S 4.

T 5.

Tier V marijuana cultivation facility license, which shall authorize the licensee to cultIvatecultivate marThe Board may (i) adjust the canopy of marijuana cultivationindoors facilitieswith withina the square footage parameters set forth in this subsection if deemed appropriate by the Board in consideration of (a) market demand, (b) utilization rates, (c) sales data, (d) product transfers, (e) inventory data, and (f) the volume of license applications and issuances or (ii) increase the canopy ofthat adoes marijuananot cultivaTionexceed facility70,000 beyond the square footagefeet. parameters set forth in this subsection if the Board determines that sucB.

The Board may (i) adjust the canopy of marijuana cultivation facilities within the square footage parameters set forth in this subsection if deemed appropriate by the Board in consideration of (a) volume of license applications and issuances or (ii) increase the canopy of a marijuana cultivationd (f) the facility beyond the square footage parameters set forth in this subsection if the Board determines that such increase will assist or encourage participation by micro businesses in the industry.

B.

greenhouseC. shall be considered indoor cultivation and shall be permitted, provided that the secureltural agricultural greenhouse is surrounded by a privacy fence that is no less than eight feet tall and is subject to monitored ingress and egress.

BThe D.cultivation of marijuana by a marijuana cultivation facility licensee in a secure agricultural greenhouse shall be considered indoor cultivation and shall be permitted, provided that the secure subject to monitored ingress and egress.

All areas within the licensed premises of a marijuanaprivacy cultivationfence facilitythat in which marijuana is cultivated,no labeled,less packaged,than oreight storedfeet shalltall meetand allis sanitaryD. standards specified in regulatHons ado§ 4.1-801.

All areas within the licensed premises of a marijuana cultivation facility in which marijuana is of 82 cultivated, labeled, packaged, or stored shall meet all sanitary standards specified in regulations adopted by the Board.

§ 4.1-801.

2 A.

and to transfer possession of marijuana and marijuana products to marijuana SB448H2 16 of 81 transporters.

of 82 E.

Each retail marijuana store licensee shall provide training, established by the Board, to all employees educating them on how to discuss the potential risks of marijuana use with consumers.consumers.E F.

F.Any retail marijuana store license granted to a pharmaceutical processor that has been issued a permit by the Board pursuant to Chapter 16 (§ 4.1-1600 et seq.) shall authorize the licensee to exercise any privileges set forth in subsection A at the place of business designated in the license, whRch, notwithstanding subsection A of § 4.1-702, may include, upon request by the licensee, up to five the five cannabis dispensing facilities for which the Board has issued a permit pursuant to Chapter 16ed at (§ 4.1-1600 et seq.) in the health service area in which the pharmaceutical processing facility is located.

AnyG. retail marijuana store license granted to a pharmaceutical processor that has been issued a permit by the Board pursuant to Chapter 16 (§ 4.1-1600 et seq.) shall authorize the licensee to exercise any privileges set forth in subsection A at the place of business designated in the license, which, notwithstanding subsection A of § 4.1-702, may include, upon request by the licensee, up to five additional retail establishments of the licensee.

SuchAll additionalareas retailwithin establishmentsthe shalllicensed bepremises locatedof ata theretail fivemarijuana cannabisstore dispensingin facilities for which themarijuana, Boardmarijuana hasproducts, issuedimmature amarijuana permitplants, pursuantor tomarijuana Chapterseeds 16are (§sold 4.1-1600or etstored seq.)shall inmeet theall healthsanitary servicestandards areaspecified in whichregulations theadopted pharmaceuticalby processingthe facilityBoard. is located.

ofE 81§ products,4.1-803. immature marijuana plants, or marijuana seeds are sold or stored shall meet all sanitaryuana standards specified in regulations adopted by the Board.

§ 4.1-803.

The Board may issue marijuana transporter licenses, which shall authorize the licensee to take possession of marijuana, marijuana products, immature marijuana plants, and marijuana seeds from a marijuana cultivation facility, a marijuana processing facility, a retail marijuana store, or another plants, and marijuana seeds to a marijuana cultivation facility, marijuana processing facility, retail marijuana store, or another marijuana transporter;

to transfer possession of marijuana, marijuana products, immature marijuanaher plants, and marijuana seeds to a marijuana cultivation facility, marijuana processing facility, retail marijuana store, or another marijuana transporter;

All areas within the licensed premises of a marijuana transporter in which marijuana and Board.anaS marijuana products are stored shall meet all sanitary standards specified in regulations adoptedadopte4 by the C.Board.

In8 accordanceC. with the requirements of § 4.1-611, a marijuana transporter licensee shall track the marijuana, marijuana products, immature marijuana plants, or marijuana seeds from the point at which the marijuana, marijuana products, plants, or seeds are delivered or transferred to the marijuana transporter to the point at which the marijuana, marijuana products, plants, or seeds are transferred to are disposed of or destroyed.ana transporter, retail marijuana store, or marijuana testing faciUity or § 4.1-804.

In accordance with the requirements of § 4.1-611, a marijuana transporter licensee shall Rrack the marijuana, marijuana products, immature marijuana plants, or marijuana seeds from the point at which the marijuana, marijuana products, plants, or seeds are delivered or transferred to the marijuana transporter to the point at which the marijuana, marijuana products, plants, or seeds are transferred to are disposed of or destroyed.ana transporter, retail marijuana store, or marijuana testing facility or § 4.1-804.

The Board may issue marijuana testing facility licenses, which shall authorize the licensSelicensee to develop, research, or test marijuana, marijuana products, and other substances.

A marijuana testing facility may develop, research, or test marijuana and marijuana produEtsproducts for product(i) forthat personalfacility, use(ii) asanother authorizedlicensee, underor §(iii) 4.1-1100.sona person who intends to use the marijuana or marijuana C.product for personal use as authorized under § 4.1-1100.

NeitherC. this subtitle nor the regulations adopted pursuant to this subtitle shall prevent a marijuana testing facility from developing, researching, or testing substances that are not marSjuana or marijuana products for that facility or for another person.

D.Neither this subtitle nor the regulations adopted pursuant to this subtitle shall prevent a marijuana testing facility from developing, researching, or testing substances that are not marijuana or marD.

To obtain licensure from the Board, a marijuana testing facility shall be required to obtUinobtain and Standardizationmaintain byaccreditation apursuant third-partyto accreditingstandard body.CISO/IEC 17025 of the International Organization forBfor E.Standardization by a third-party accrediting body.

InE. accordance with the requirements of § 4.1-611, a marijuana testing facility licensee sSall track all marijuana and marijuana products it receives from a licensee for testing purposes from the point at which the marijuana or marijuana products are delivered or transferred to the marijuana testing facility to the point at which the marijuana or marijuana products are disposed of or destroyed.

IIn aaccordance licensedwith marijuanathe cultivationrequirements facility,of § 4.1-611, a licensedmarijuana testing facility licensee shall track all marijuana processingand facility,marijuana products it receives from a licensedlicensee marijuananfor transporter,testing purposes from the point at which the marijuana or amarijuana licensedproducts retailare delivered or transferred to the marijuana store.testing facility to the point at which the marijuana or marijuana products are disposed of or destroyed.

TF. G.

AllA areasperson withinthat thehas licensedan premisesinterest ofin a marijuana testing facility inlicense whichshall marijuananot orhave marijuanaany productsinterest arein testeda orlicensed storedmarijuana shallcultivation meetfacility, alla sanitarylicensed standardsmarijuana specifiedprocessing infacility, regulatiTnsa adoptedlicensed bymarijuana thetraG. Board.

All areas within the licensed premises of a marijuana testing facility in which marijuana or marijuana products are tested or stored shall meet all sanitary standards specified in regulations adopted by the Board.

§ 4.1-805.

Multiple licenses awarded to one person;

limitations.

tier I marijuana cultivation facility license, tier II marijuana cultivation facility license, tier VIII marijuana cultivation facility license, marijuanatier processingIV facilitymarijuana license,cultivation marijuanayfacility transporter license, or retail marijuana store license.

Board regulations shall be drawn to ensure thatthata all licensees have an equal and meaningful opportunity to participate in the market.

Moreover, (i) no of 82 person shall be granted or hold interest in more than five total licenses, not including marijuana transporter licenses, issued pursuant to this subtitle or more than one tier V marijuana cultivHtioncultivation facility license and (ii) no person that has been granted or holds interest in a marijuana cultivation facility license, marijuana processing facility license, marijuana transporter license, or retail marijuana store license shall be issued or hold interest in a marijuana testing facility license.

The Board may grant a permit that shall authorize any person who purchases at a foreclosure, secured creditor's, or judicial auction sale the premises or property of a person licensed by the Board and who has become lawfully entitled to the possession of the licensed premises to continue to operate SB448H2 18 of 81 the marijuana establishment to the same extent as the license holder for a period not to exceed 60 days or for such longer period as determined by the Board.

of 82 2.

The applicant is a member or employee of the Board or is a corporation or other business entity in which a member or employee of the Board is a stockholder or has any other economic interest.interest.E Whenever any other elected or appointed official of the Commonwealth or any political subdivision thereof applies for such a license or continuance thereof, he shall state on the application the official position he holds, and whenever a corporation or other business entity in which any such officiRl is a stockholder or has any other economic interest applies for such a license, it shall state on the app3.

WheneverThe anyplace otherto electedbe oroccupied appointedby official of the Commonwealthapplicant:such or any political subdivision thereof applies for such a license or continuance thereof, he shall state on the application the official position he holds, and whenever a corporation or other business entity in which any such official is a stockholder or has any other economic interest applies for such a license, it shall state on the application the full economic interests of each such official in such corporation or other businessbusiOess entity.

3.

The place to be occupied by the applicant:

Does not conform to the requirements of the governing body of the county, city, or town in which such place is located with respect to sanitation, health, construction, or equipment, or to any similar requirements established by the laws of 81the reqb.Commonwealth or by Board regulation;

IsL sob. located that granting a license and operation thereunder by the applicant would result in violations of this subtitle or Board regulations or violation of the laws of the Commonwealth or local ordinances relating to peace and good order;

c.Is so located that granting a license and operation thereunder by the applicant would resElt in violations of this subtitle or Board regulations or violation of the laws of the Commonwealth or local ordinances relating to peace and good order;

D c.

When the applicant is applying for a retail marijuana store license, is so located with respectrSspect to any residence or residential area that the operation of such place under such license will adverselyadve4sely affect real property values or substantially interfere with the usual quietude and tranquility 8f such residence or residential area;

substantiallyR interfere with the usual quietude and tranquility of such e.

H f.

When the applicant is applying for a retail marijuana store license, is so constructed, arranged, or illuminatedaccess thatto law-enforcement officers and specialreasonable agentsobservation of theany Boardroom areor preventedarea fromwithin which marijuana or marijuana ready products are to be sold;

orservation of any room or area within which marijuana or marijuana U g.

S Nothing in this subdivision 3 shall be construed to require an applicant to have secured a place or premises until the final stage of the license approval process.

E4. to the interest, morals, safety, or welfare of the public.

InThe reachingnumber suchof conclusion,licenses theexisting Boardin shallntal consider (i) the criterialocality establishedis bysuch that the Boardgranting toof evaluatea newlicense licenseesis baseddetrimental onto the densityinterest, ofmorals, retailsafety, marijuanaor storeswelfare inof the community;public.

(ii)In reaching such conclusion, the characterBoard of,shall populationconsider of,(i) numberthe ofcriteria similarestablished liceSses,by andthe Board to evaluate new licensees based on the density of retail number of all licenses existent in the particular county, city, or town and the immediate neighborhoodneighborhoodnd concerned;

(iii) the effect that a new license may have on such county, city, town, or neighborUoodneighborhood in aconforming localwith governingthe bodypurposes orof localthis residents.tle;subtitle;

and (iv) the objections, if any, that may have bBenbeen filed by 5.a local governing body or local residents.

There5. exists any law, ordinance, or regulation of the United States, the Commonwealth, orSany political subdivision thereof that warrants refusal by the Board to grant any license.

There exists any law, ordinance, or regulation of the United States, the Commonwealth, or any political subdivision thereof that warrants refusal by the Board to grant any license.

T § 4.1-809.

Iexceptions. excA.

The action of the Board in granting or in refusing to grant any license shall be subject to judicial review in accordance with the Administrative Process Act (§ 2.2-4000 et seq.), except as provided inindicial subsection B or C.

An appeal shall lie to the CourTCourt of Appeals from any order of the court.

Notwithstanding § 8.01-676.1, the final judgment or order of the circuit court shall not be suspended, stayed, or modified by such circuit court pending appeal to the Court of Appeals.

Neither mandamus nor injunction shall lie in any such case.rtcase. pending appeal Eo the B.

B.

Applicant, within a period of 12 months immediately preceding, has permitted a license granted by the Board to expire for nonpayment of license fee, and at the time of expiration of such license, there of 82 was a pending and unadjudicated charge, either before the Board or in any court, against the licensee alleging a violation of this subtitle.

4 C.

If an applicant has permitted a license to expire for nonpayment of license fee, and at tHethe time of expiration there remained unexecuted any period of suspension imposed upon the licensee by the Board, the Board may refuse a hearing on an application for a new license until after the date on which the,the suspension period would have been executed had the license not been permitted to expire.

SB448H2 20 of 81 1.

Has failed to take reasonable measures to prevent an act of violence resulting in death or serious bodily injury, or a recurrence of such acts, from occurring on (i) the licensed premises, (ii) any premises immediately adjacent to the licensed premises that is owned or leased by the licensee, or (iii) of 82 any portion of public property immediately adjacent to the licensed premises;

Has been sanctioned by the Board pursuant to § 54.1-3316 and regulations promulgated by thetEe Board for a violation pursuant to Chapter 16 (§ 4.1-1600 et seq.).

N a.

Does not conform to the requirements of the governing body of the county, city, or town iniR which such establishment is located, with respect to sanitation, health, construction, or equipment, or to any similarsimb. requirements established by the laws of the Commonwealth or by Board regulations;

b.

The Board may consider the general reputation in the community of such ofestablishment 81in est3.addition to any other competent evidence in making such determination.

E 3.

D 4.

5.penalties or interest related thereto, lawfully imposed by the locality where the licensed business is located, as certified by the treasurer, commissioner of the revenue, or finance director of such locality, unless (i) the outstanding amount is de minimis;

The licensee is delinquent for a period of 90 days or more in the payment of any taxes, or any located, as certified by the treasurer, commissioner of the revenue, or finance director of such locality, unless (i) the outstanding amount is de minimis;

or (iii) the licensee hasSas entered into a payment plan approved by the same locality to settle the outstanding liability.

4 6.

§ 1324a(f), as amended, for actionsa8tions of its agents or employees constituting a pattern or practice of employing unauthorized aliens on Rhe licensed premises in the Commonwealth.

pattern or practice of employing unauthorized aliens on the 7.

The Board shall promulgate regulations regarding suspension and revocation standards and Hpro§ protocols.4.1-901.

§ 4.1-901.

OA. Administrative Process Act or § 4.1-806 or 4.1-903, the Board may summarily suspend any licenseUor permit if it has reasonable cause to believe that an act of violence resulting in death or serious bodily injury, or a recurrence of such acts, has occurred on (i) the licensed premises, (ii) any premiSes immediately adjacent to the licensed premises that is owned or leased by the licensee, or (iii) any portion of public property immediately adjacent to the licensed premises, and the Board finds tEat there justified to protect the health, safety, or welfare of the public.nsion of the license or permit is B.

PriorNotwithstanding any provisions to issuingthe ancontrary orderin Article 3 (§ 2.2-4018 et seq.) of suspensionthe pursuantAdministrative toProcess thisAct section,or special§ agents4.1-806 ofor 4.1-903, the Board shallmay conductsummarily suspend any license or permit if it has reasonable cause to believe that an initialact investigationof andviolence submitresulting allin findingsdeath or serious bodily injury, or a recurrence of such acts, has occurred on (i) the licensed premises, (ii) any premises immediately adjacent to the Secretarylicensed premises that is owned or leased by the licensee, or (iii) any portion of public property immediately adjacent to the licensed premises, and the Board withinfinds 4Sthat hoursthere exists a continuing threat to public safety and that summary suspension of anythe suchlicense actor permit is justified to protect the health, safety, or welfare of violence.the public.

Ifconduct thean Boardinitial determinesinvestigation suspensionand issubmit warranted,all itfindings shall immediately notify the licensee of its intention to temporarily suspend his license pending the outcomeSecretary of a formaU 48-hour period, the licensee may petition the Board forwithin a48 restrictedhours licenseof pendingany thesuch resultsact of theviolence. formal investigation and proceedings for disciplinary review.

If the Board determines thatsuspension ais reStrictedwarranted, licenseit isshall warranted,immediately notify the Boardlicensee shallof haveits discretionintention to imposetemporarily appropriatesuspend restrictionshis basedlicense onpending the factsoutcome presented.of a formal investigation.

TSuch C.temporary suspension shall remain effective for a minimum of 48 hours.

UponAfter athe determination48-hour toperiod, temporarilythe suspendlicensee amay license,petition the Board shallfor immediatelya commenIerestricted alicense andpending the findingsresults reportedof immediatelythe toformal theinvestigation Secretaryand ofproceedings thefor Board.disciplinary review.

If the Board determines that a restricted license is warranted, the Board shall have discretion to impose appropriate restrictions based on the facts presented.

C.

Upon a determination to temporarily suspend a license, the Board shall immediately commence a and the findings reported immediately to the Secretary of the Board.

If a decision is not rendered within T010 days of the conclusion of the hearing, the order of suspension shall be vacated and the license reinstated.

Any appeal by the licensee shall be filed within 10 days of the decision and heard by the Board within 20 days of the decision.

The order of suspension shall take effecteffE. immediately upon service.

This section shall not apply to temporary permits granted under § 4.1-806.

4.1-806.of 82 The Board shall suspend or revoke any license if it finds that:

The Board shall suspend or revoke any license if it finds that:

H2. government or governmental agency or authority, by making or filing any report, document, or taxl return required by statute or regulation that is fraudulent or contains a willful or knowing false representation of a material fact or has willfully deceived or attempted to deceive the Board, or any federal, state, or local government or governmental agency or authority, by making or maintaining business records required by statute or regulation that are false or fraudulent.

A licensee has defrauded or attempted to defraud the Board, or any federal, state, or local government or governmental agency or authority, by making or filing any report, document, or tax return required by statute or regulation that is fraudulent or contains a willful or knowing false representation of a material fact or has willfully deceived or attempted to deceive the Board, or any federal, state, or local government or governmental agency or authority, by making or maintaining business records required by statute or regulation that are false or fraudulent.

SB448H2 22 of 81 A.

Designate those (i) objections to an application or (ii) alleged violations that will proceed to an of 82 initial hearing;

Designate the violations for which a waiver of a hearing and payment of a civil charge ininElieu lieu of suspension may be accepted for a first offense occurring within three years immediately preceding the date of the violation;

N 3.

Provide for a reduction in the length of any suspension and a reduction in the amount of anyRny civil penalty for any retail marijuana store licensee where the licensee can demonstrate that it provided to its employeesemp4. marijuana seller training certified in advance by the Board;

4.

and L 5.

No waiver shall be granted by the Board, however, for a licensee's willful and knowing violationviolatioE of this ofsubtitle 81or sub§Board 4.1-904.regulations.

§ 4.1-904.

disposition of marijuana or marijuana products on hand;hand;D termination.

termination.

Marijuana or marijuana products owned by or in the possession of or for sale by any licensee at thethe1. time the license of such person is suspended or revoked may be disposed of as follows:

1.Sold to persons in the Commonwealth licensed to sell such marijuana or marijuana products upon permits granted by the Board in accordance with § 4.1-806 and conditions specified by the Board;

Sold to persons in the Commonwealth licensed to sell such marijuana or marijuana2. products upon per2.

Destroyed by the Board or its designee.thdesignee. § 4.1-806 and conditions specified by the Board;

or B.

All marijuana or marijuana products owned by or in the possession of any person whose licenselicSnse is suspended or revoked shall be disposed of by such person in accordance with the provisions ofo4 this section within 60 days from the date of such suspension or revocation.

8 C.

Marijuana or marijuana products owned by or in the possession of or for sale by persons whosewRose licenses have been terminated other than by suspension or revocation may be disposed of in accordance with subsection A within such time as the Board deems proper.

Such period shall not be less than 60ce60 days.

D.described in subsection A or C after the expiration of such period shall be deemed contraband and forfeited to the Commonwealth in accordance with the provisions of § 4.1-1303.

AllCHAPTER marijuana10. or marijuana products owned by or remaining in the possession of any personH described in subsection A or C after the expiration of such period shall be deemed contraband and forfeited to the Commonwealth in accordance with the provisions of § 4.1-1303.

O ADMINISTRATION OF LICENSES;

U § 4.1-1000.

Every person intending to apply for any license authorized by this subtitle shall file wiShwith the Board an application on forms provided by the Board and a statement in writing by the applicant swearing and affirming that all of the information contained therein is true.

EB. the Board to determine whether the applicant meets or continues to meet the criteria set forth inary for subdivision B 13 of § 4.1-606.

C.Such applications, including applications for renewal, shall include any information necessary for subdivision B 13 of § 4.1-606.

Applicantsthe forapplicant licensesmeets foror establishmentscontinues that are otherwise required to obtainmeet an inspeStion by the Departmentcriteria ofset Agricultureforth andin ConsumerC. Services shall provide proof of inspection or proof of a pending request for such inspection.

IfApplicants thefor applicantlicenses providesfor proofestablishments ofthat inspectionare orotherwise proofrequired ofto Uobtain pendingan ainspection pendingby applicationthe orDepartment inspection,of suchAgriculture licenseand shallConsumer authorizeServices theshall licenseeprovide toproof purchase marijuana,sis of marijuanainspection products, immature marijuana plants, or marijuanaproof seedsof ina accordancepending withrequest thefor provisSonssuch ofinspection. this subtitle;

If the applicant provides proof of inspection or proof of a pending request for an inspection, a license may be issued to the applicant.

If a license is issued on the basis of a pending application or inspection, such license shall authorize the licensee to purchase marijuana, marijuana products, immature marijuana plants, or marijuana seeds in accordance with the provisions of this subtitle;

Tapplication D.with the Board on the front door of the building, place, or room where he proposes tois engage in such business for no more than 30 days and not less than 10 days.

Each applicant for a license under the provisions of this subtitle shall post a notice ofIhis engage in such business for no more than 30 days and not less than 10 days.

T The applicant shall also cause notice to be published at least once a week for two consecutive weeks in a newspaper published in or having a general circulation in the county, city, or town wherein such applicant proposes to engage in such business.

E.include a criminal history records search and may include a fingerprint-based national criminal history records search and a requirement for the provision of personal descriptive information to be forwarded of 82 through the Central Criminal Records Exchange to the Federal Bureau of Investigation for the purpose of obtaining criminal history record information regarding such applicant.

The Board shall conduct a background investigation on each license applicant, which shall include a criminal history records search and may include a fingerprint-based national criminal history through the Central Criminal Records Exchange to the Federal Bureau of Investigation for the purposeed of obtaining criminal history record information regarding such applicant.

4 However, the Board may waive, for good cause shown, the requirement for a criminal history Hrecords search and completed personal data form for officers, directors, nonmanaging members, or limited partners of any applicant corporation, limited liability company, or limited partnership.

SB448H2 24 of 81 G.

The Board shall make refunds, prorated according to a schedule of its prescription, to licensees of 82 of state license fees paid pursuant to subsection A of § 4.1-1001 if the place of business designated in the license is destroyed by an act of God, including but not limited to fire, earthquake, hurricane,hurriEane, storm, or similar natural disaster or phenomenon.

R § 4.1-1003.

A.products, or marijuana paraphernalia.

A tax of eight percent is levied on the sale in the Commonwealth of any marijuana, marijuana products, or marijuana paraphernalia.

L 2.

Of cannabis products for treatment under the provisions of Chapter 16 (§ 4.1-1600 et seq.).seq.E.

Of industrial hemp by a grower, processor, or handler under the provisions of Chapter 41.1 of(§ 813.2-4112 (§et 4.seq.) of Title 3.2.

OfD a4. hemp product.Title 3.2.

Of a hemp product.

Subject to subsection C, the tax shall be in addition to any local sales tax imposed under the Virginia Retail Sales and Use Tax Act (§ 58.1-600 et seq.), any food and beverage tax imposed under Article 7.17.1a (§ 58.1-3833 et seq.) of Chapter 38 of Title 58.1, and any excise tax imposed on meals under impose§ any58.1-3840. other tax on a sale taxable under subsection A.

NothingOther inthan thisthe subsectiontaxes shallauthorized belland notidentified construedin tothis (i)subsection, prohibit a locality fromshall imposingnot anyimpose tax authorized by law on a person or property regulated under this subtitle or (ii) limit the authority of any localityother to impose a license or privilege tax or fee on a businesssale engaged in whole or in part in sales taxable under this subsection AA. if such tax or fee is (a) based on an annual or per-event flat fee authorized by law or (b) is an annual license or taxable measure.thorized by law and such tax includes sales or receipts taxable under subsection A in its If a locality imposes a tax under this subsection, such tax shall be irrevocable.

IfNothing ain townthis imposessubsection shall be S construed to (i) prohibit a locality from imposing any tax authorized by law on a person or pro4erty regulated under this subsection,subtitle or (ii) limit the authority of any locality to impose a license o8 privilege tax imposedor byfee itson surroundinga countybusiness engaged in whole or in part in sales taxable under this subsection shallA notif applysuRh withintax theor limitsfee ofis the(a) town.based on an annual or per-event flat fee authorized by law or (b) is an annual license or privilege tax authorized by law and such tax includes sales or receipts taxable under subsection A in its taxable measure.

Anytax localityunder thatthis enactssubsection, anany ordinancetax pursuantimposed toby thisits subsectionsurrounding shall,county withinunder 30this days,subsection notify the shall takenotes effecta onapply within the firstlimits day of the secondtown. month following its enactment.actment.

TheAny ordUnancelocality C.that enacts an ordinance pursuant to this subsection shall, within 30 days, notify the Authority and any retail marijuana store in such locality of the ordinance's enactment.

AnyThe taxordinance imposedshall undertake theeffect Virginia Retail Sales and Use Tax Act (§ 58.1-600 et seq.) on athe salefirst taxableday underof subsectionthe Asecond shallmonth befollowing limitedits toenactment. a 1.125 percent tax which shall be distributed aS follows:

(i)C. the revenue from the tax at the rate of one percent shall be distributed as provided in subsections B, C, and D of § 58.1-638 and (ii) the revenue from the tax at the rate of 0.125 percent shall be E Virginia Retail Sales and Use Tax Act (§ 58.1-600 et seq.) on a sale taxable under subsection A.to the D.

Any tax imposed under the Virginia Retail Sales and Use Tax Act (§ 58.1-600 et seq.) on a sale taxable under subsection A shall be limited to a 1.125 percent tax which shall be distributed as follows:

(i) the revenue from the tax at the rate of one percent shall be distributed as provided in subsections B, C, and D of § 58.1-638 and (ii) the revenue from the tax at the rate of 0.125 percent shall be Virginia Retail Sales and Use Tax Act (§ 58.1-600 et seq.) on a sale taxable under subsection A.to the D.

S § 4.1-1004.

For any sale taxable under § 4.1-1003, the seller shall be liable for collecting any taxeUtaxes due.

All nottaxes becollected liableby fora collectingseller orshall remittingbe thedeemed taxesto orbe filingheld ain return.trust for the Commonwealth.

Commonwealth.The buyer shall not be liable for collecting or remitting the taxes or filing a return.

The buyerBshall B.

On or before the tenth day of each month, any person liable for a tax due under § 4.1-100S4.1-1003 shall file a return under oath with the Authority and pay any taxes due.

Upon written application by a person filing a return, the Authority may, if it determines good cause exists, grant an extension to the end of the calendar month in which the tax is due, or for a period not exceeding 30 days.

Any extensioIextension shallshallof tolC.toll the accrual of any interest or penalties under § 4.1-1007.

C.

U D.

Upon request, the Authority may collect and maintain a record of a person's credit card, Tebitdebit card, or automated clearinghouse transfer information and use such information for future payments of paymentstaxes, madeinterest, or penalties due under this subsection.subtitle.

The Authority may procureassess the services of a third-partyservice vendorrcharge any for theany securepayments storagemade ofunder information collected pursuant to this subsection.

E.The Authority may procure the services of a third-party vendor for the secure storage of information collected pursuant to this subsection.

If any person liable for tax under § 4.1-1003 sells out his business or stock of goods or quits the business, such person shall make a final return and payment within 15 days after the date of selling ororhe quitting the business.

Such person's successors or assigns, if any, shall withhold sufficient of the of 82 purchase money to cover the amount of such taxes, interest, and penalties due and unpaid until such former owner produces a receipt from the Authority showing payment or a certificate stating that no taxes, penalties, or interest are due.

When any person fails to timely pay the full amount of tax due under § 4.1-1003, interestHatinterest at a underrate §determined 4.1-1003in shall,accordance ifwith applicable,§ be58.1-15 subjectshall toaccrue penaltieson asthe providedtax inuntil §§it 4.1-1205is andpaid. 4.1-1206.

Any taxes due under § 4.1-1003 shall, if applicable, be subject to penalties as provided in §§ 4.1-1205 and 4.1-1206.

In lieu of such bond, securities approved by the Authority may be SB448H2 26 of 81 deposited with the State Treasurer, which securities shall be kept in the custody of the State Treasurer, and shall be sold by the State Treasurer at the request of the Authority at public or private sale if it becomes necessary to do so in order to recover any tax, interest, or penalty due the Commonwealth.

If the person has no place of business or residence within the Commonwealth, the memorandum may be filed in the Circuit Court of of 82 the City of Richmond.

Such memorandum shall be recorded in the judgmentjudgmEnt docket book and shall have the effect of a judgment in favor of the Commonwealth, to be enforced as provided in Article 19 (§ 8.01-196 et seq.) of Chapter 3 of Title 8.01, except that a writ of fieri facias may issue at any time after the memorandum is filed.

The lien on real estate shall become effectiveeffecRive at the time the memorandum is filed in the jurisdiction in which the real estate is located.

No memorandum of lien shall be filed unless the person is first given 10 or more days' prior notice of intent to file a lien;

L 2.

Recordation of a memorandum of lien under this subsection shall not affect a person's rightrigEt to appeal under § 4.1-1008.

If after filing a memorandum of lien the Authority determines that it is in the best interest of the Commonwealth, it may place padlocks on the doors of 81any business enterprise that is delinquent in filing or paying any tax owed to the Commonwealth.

The Authority shall also post notices of distraint onor eachsatisfactory ofarrangements for payment have not been made, the doorsAuthority somay padlocked.cause a writ of fieritisfied facias to be issued.

If, after three business days, the tax deficiency has not been satisfied or satisfactory arrangements for payment have not been made, the Authority may cause a writ of fieri facias to be issued.

In the event that the person against whom the distraint has been applied subsequently appeals under § 4.1-1008, the person shall have the right to post bonS equaling the amount of liability in lieu of payment until the appeal is resolved.htresolved. to post bond 4.

A4 person4. may petition the Authority after a memorandum of lien has been filed under this subsection if the person alleges an error in the filing of the lien.

TheA Authorityperson shallmay makepetition the Authority after a determinationmemorandum onof suchlien petitionhas withinbeen 14filed days.under this 8 subsection if the person alleges an error in the filing of the lien.

The Authority shall make aR determination on such petition within 14 days.

Any tax imposed under § 4.1-1003,4.1-1008. any interest imposed under § 4.1-1007, any action of the Authority under § 4.1-1204, and any penalty imposed under § 4.1-1205 or 4.1-1206 shall be subject to review under the Administrative Process Act (§ 2.2-4000 et seq.).

Appeals.

Authority under § 4.1-1204, and any penalty imposed under § 4.1-1205 or 4.1-1206 shall be subject to review under the Administrative Process Act (§ 2.2-4000 et seq.).

ONotwithstanding § 8.01-676.1, the final judgment or order of a circuit court shall not be suspended, stayed, or modified by such circuit court pending appeal to the Court of Appeals.

Neither mandaUusd,mandamus nor injunction shall lie in any such case.

Possession, etc., of marijuana and marijuana products by persons 21 years of ageSorage or older lawful;

A.person 21 years of age or older may lawfully possess on his person or in any public place not more, a than one ounce two and one-half ounces of marijuana or an equivalent amount of marijuana product as determined by regulation promulgated by the Board.

Except as otherwise provided in this subtitle and notwithstanding any other provision of Eaw, a than one ounce two and one-half ounces of marijuana or an equivalent amount of marijuana product as determined by regulation promulgated by the Board.

Any person who possesses on his person or in any public place marijuana or marijuana prodSctsproducts in excess of the amounts set forth in subsection A is subject to a civil penalty of no more than $25 except as otherwise provided in this section.

The penalty for any violations of this section byUanby an adult shaC.shall be prepayable according to the procedures in § 16.1-69.40:2.

WithC. the exception of possession by a person in his residence or possession by a licensee in the course of his duties related to such licensee's marijuana establishment, any person who possessSs on his person or in any public place (i) more than four ounces but not more than one pound of marijuana or an equivalent amount of marijuana product as determined by regulation promulgated by the Board is guilty of a Class 3 misdemeanor and, for a second or subsequent offense, a Class 2 misdemeanor and (iiI more promulgated by the Board is guilty of a felony punishable by a term of imprisonment of not less than one year nor more than 10 years and a fine of not more than $250,000, or both.

TWith D.the exception of possession by a person in his residence or possession by a licensee in the course of his duties related to such licensee's marijuana establishment, any person who possesses on his equivalent amount of marijuana product as determined by regulation promulgated by the Board is guiltyn of a Class 3 misdemeanor and, for a second or subsequent offense, a Class 2 misdemeanor and (ii) more than one pound of marijuana or an equivalent amount of marijuana product as determined by regulation promulgated by the Board is guilty of a felony punishable by a term of imprisonment of not less than one year nor more than 10 years and a fine of not more than $250,000, or both.

TheD. provisions of this section shall not apply to members of federal, state, county, city, or town law-enforcement agencies, jail officers, or correctional officers, as defined in § 53.1-1, certTfied as handlers of dogs trained in the detection of controlled substances when possession of marijuana is nec§ 4.1-1101.

The provisions of this section shall not apply to members of federal, state, county, city, or town law-enforcement agencies, jail officers, or correctional officers, as defined in § 53.1-1, certified as handlers of dogs trained in the detection of controlled substances when possession of marijuana is necessary for the performance of their duties.

§ 4.1-1101.

Eolder A.may cultivate up to four marijuana plants for personal use at their place of residence;

Notwithstanding the provisions of subdivision (c) of § 18.2-248.1, a A person 21 years of age or older may cultivate up to four marijuana plants for personal use at their place of residence;

For purposes of this section, a of 82 "household" means those individuals, whether related or not, who live in the same house or other place of A person may only cultivate marijuana plants pursuant to this section at such person's main place of residence.

A person may only cultivate marijuana plants pursuant to this section at such person's main place of residence.

B 1.

For possession of more than four marijuana plants but no more than 10 marijuana plants, (i) a civil penalty of $250 for a first offense, (ii) a Class 3 misdemeanor for a second offense, andH(iii)and (iii) a Cla2.Class 2 misdemeanor for a third and any subsequent offense;

2.

Ensure that no marijuana plant is visible from a public way without the use of aircraft, binoculars, SB448H2 28 of 81 or other optical aids;

Bona fide evidence of legal age is limited to any evidence that is or reasonably appears to be an unexpired driver's license issued by any state of the United States or the District of Columbia, military identification card, United States passport or foreign government visa, unexpired special identification card issued by the of 82 Department of Motor Vehicles, or any other valid government-issued identification card bearing the individual's photograph, signature, height, weight, and date of birth, or which bears a photographphotogrEph that reasonably appears to match the appearance of the purchaser.

R C.

§ 4.1-1105.

Purchasing of marijuana or marijuana products unlawful in certain cases;

venue;

treatment and education programs and services.services.cases;

A.venue;

NoO personA. to whom marijuana or marijuana products may not lawfully be sold under § 4.1-1104 shall consume, purchase, or possess, or attempt to consume, purchase, or possess, any marijuana or marijuana products, except (i) pursuant to § 4.1-700 or (ii) by any federal, state, or local law-enforcement officer or his agent when possession of marijuana or marijuana products is necessary in the performance of his duties.

No person to whom marijuana or marijuana products may not lawfully be sold under § 4.1-1104 shall consume, purchase, or possess, or attempt to consume, purchase, or possess, any marijuana or marijuana products, except (i) pursuant to § 4.1-700 or (ii) by any federal, state, or local L law-enforcement officer or his agent when possession of marijuana or marijuana products is neceEsary in the performance of his duties.

ofB. 81 more than $25 and shall be ordered to enter a substance abuse treatment or education program orty of no both, if available, that in the opinion of the court best suits the needs of the accused.

Any person 18 years of age or older who violates subsection A is subject to a civil penalty of no both, if available, that in the opinion of the court best suits the needs of the accused.ram or C.

Unless the juvenile is proceeded against informally pursuant to § 16.1-260, any juvenile who violates subsection A is subject to a civil penalty of no more than $25 and the court shall require the accused to enter a substance abuse treatment or education program or both, if available, that iniS the 16.1-278.8,opinion 16.1-278.8:01,of and 16.1-278.9, the court shallbest treatsuits the childneeds asof delinquent..1-273,the D.accused.

AnyFor suchpurposes substanceof abuse§§ treatment16.1-266, or16.1-2734 education16.1-278.8, program16.1-278.8:01, toand which16.1-278.9, athe juvenilecourt is ordered pursuant to this section shall betreat provided by (i) a program licensed by the Departmentchild ofas Behavioraldelinquent. Health and Developmental Services or (ii) a similar program available through a facility or program operated by or under contract with the Department of Juvenile Justice or a locally operated court (§ 16.1-309.2 et seq.).

8 D.

Any such substance abuse treatment or education program to which a juvenile is ordered R pursuant to this section shall be provided by (i) a program licensed by the Department of Behavioral Health and Developmental Services or (ii) a similar program available through a facility or program operated by or under contract with the Department of Juvenile Justice or a locally operated court (§ 16.1-309.2 et seq.).

When an offender is ordered to a local community-based probation services agency, the local community-based probation services agency shall be responsible for providing for services or referring the offeUderoffender to education or treatment services as a condition of probation.

Any civil penalties collected pursuant to this section shall be deposited into the Drug OSfenderOffender Assessmentyears andof Treatmentage Fundshall establisheduse pursuantor attempt to §use 18.2-251.02.any (i) altered, fictitious, facsimile, or simulated license to operate a motor vehicle;

No(ii) person younger than 21 years of age shall use or attempt to use any (i) altered, fictitious, facsimile, or simulated lEcensedocument, toincluding but not limited to a birth certificate or student identification card;

or (iii) motor vehicle driver's license or other document issued under Chapter 3 (§ 46.2-300 et seq.) of Title 46.2 or the comparable law of another jurisdiction, birth certificate, or student identification card of another person in order to eStablishestablish a false identification or false age for himself to consume, purchase, or attempt to consume or purchase marijuana or marijuana products.

Any person convicted of a violation of this subsection is guilUyguilty of a ClaF.Class 1 misdemeanor.

AnyF. marijuana or marijuana product purchased or possessed in violation of this section shall be deemed contraband and forfeited to the Commonwealth in accordance with § 4.1-1303.

SAny G.marijuana or marijuana product purchased or possessed in violation of this section shall be deeG.

I§ penalties;4.1-1106.

forfeiture.ingPurchasing marijuana or marijuana products for one to whom they may not be sold;

penalties;

forfeiture.

T B.

Any person who purchases for, or otherwise gives, provides, or assists in the provision of personmarijuana isor youngermarijuana thanproducts 21to, yearsanother ofperson age,when excepthe byknows anyor federal,has state,reason orto localknow law-enforcementthat officersuch when possession of marijuana or marijuana products is necessary in the performance of his duties, isiser guilty of a Class 1 misdemeanor.

of 82 C.

§ 4.1-1113.

Maintaining common nuisances;

penalties.

4 No person shall maintain, aid, abet, or knowingly associate with others in maintaining a comHoncommon nuiAnynuisance. person convicted of a violation of this subsection is guilty of a Class 1 misdemeanor.

2Any B.person convicted of a violation of this subsection is guilty of a Class 1 misdemeanor.

B.

The court may, upon the owner or lessor giving bond in the penalty of not less than $500 and with security to be approved by the court, conditioned SB448H2 30 of 81 that the premises shall not be used for unlawful purposes, or in violation of the provisions of this subtitle for a period of five years, turn the same over to its owner or lessor, or proceeding may be had in equity as provided in § 4.1-1300.

of 82 PROHIBITED PRACTICES BY LICENSEES.

penalty.penaEty.

Cultivate, process, transport, sell, or test any marijuana or marijuana products of a kind other than that which such license or this subtitle authorizes him to cultivate, process, transport, sell,Rell, or test;

Sell marijuana or marijuana products to any person other than a person to whom such license or thisthi3. subtitle authorizes him to sell;

3.

E 5.

Keep any marijuana or marijuana product other than in the container in which it was purchased of 81 by 7.

In addition to the provisions of § 4.1-1200, no retail marijuana store licensee or his agentagSnt or employee shall use or consume any marijuana or marijuana products (i) on the licensed premises,premises,4 except for certain sampling for quality control purposes in accordance with Board regulations o8 (ii) while on duty and in a position that is involved in the selling of marijuana or marijuana productsproduRts to consumers.

C.not to exceed $500.nvicted of a violation of this section shall be subject to a civil penalty in an amount § 4.1-1202.

Any person convicted of a violation of this section shall be subject to a civil penalty in an amount not§ 4.1-1202.

Any person convicted of a violation of this section is guilty of a Class 1 misdemeanor.

U A.

No licensed marijuana establishment shall transfer any marijuana or marijuana products from one licensedmarijuana placetransporter oflicensee.nother business to another licensed place of business unless such transfer is compleSedcompleted by a marijuanaB. transporter licensee.

B.

E§ No4.1-1204. person subject to the jurisdiction of the Board shall induce, attempt to induce, or consent to any licensee selling, renting, lending, buying for, or giving to any person any advertising materials or decorations under circumstances prohibited by this title or Board regulations.

SIllegal Anyadvertising personmaterials; found by the Board to have violated this section shall be subject to a civil penalty as authorized in § 4.1-903.

Ucivil topenalty. allow examination and inspection;

penalty.No person subject to the jurisdiction of the Board shall induce, attempt to induce, or consent to any licensee selling, renting, lending, buying for, or giving to any person any advertising materials or decorations under circumstances prohibited by this title or Board regulations.

orAny person found by the Board to deliver,have keep,violated andthis preservesection recordsshall andbe accBuntssubject orto A.a civil penalty as authorized in § 4.1-903.

§ 4.1-1205.

Failure of licensee to pay tax or to deliver, keep, and preserve records and accounts or to A.

(ii) deliSer,deliver, keep, and preserve such records, invoices, and accounts as are required by § 4.1-703 or Board regulation;

Any person convicted of a violation of this subsection is guilty of Ia Class 1 misB.misdemeanor.

B.

T § 4.1-1206.

U A.

No person shall make a sale taxable under § 4.1-1003 without paying all applicable taxes Tue.due.

Any person who fails to file a return required for a tax due under § 4.1-1003 is subject to a civil of 82 penalty to be added to the tax in the amount of five percent of the proper tax due if the failure is for not more than 30 days, with an additional five percent for each additional 30 days, or fraction thereof, during which the failure continues.

CommonwealthC. of any tax due on marijuana or marijuana products, a civil penalty of 50 percent of the amount of the proper tax due shall be assessed.

In the case of a false or fraudulent return, where willful intent exists to defraud the Commonwealth of any tax due on marijuana or marijuana products, a civil penalty of 50 percent of the amount of the proper tax due shall be assessed.

It shall be prima facie evidence of willful intent to defraud the B Commonwealth when any person reports its taxable sales to the Authority at 50 percent or less of the actual amount.

HD. bank on which it is drawn, and the person that tendered the check fails to pay the Authority the amount due within five days after the Authority gives it notice that such check was returned unpaid, the person that tendered the check is guilty of a violation of § 18.2-182.1.

If any check tendered for any amount due under § 4.1-1003 or this section is not paid by the bank on which it is drawn, and the person that tendered the check fails to pay the Authority the amount due within five days after the Authority gives it notice that such check was returned unpaid, the person that tendered the check is guilty of a violation of § 18.2-182.1.

SB448H2 32 of 81 A.

The destruction shall be in the of 82 presence of at least one credible witness, and such witness shall join the officer in a sworn report of the seizure and destruction to be made to the Board.

The report shall set forth the grounds of the claimElaim of forfeiture, the reasons for seizure and destruction, an estimate of the fair cash value of the item destroyed, and the materials remaining after such destruction.

The report shall include a statement that, from facts within their own knowledge, the seizing officer and witness have no doubt whatever thattRat the item was set up for use, or had been used in the unlawful cultivation, processing, or manufacture of marijuana,marIn andcase thatof itseizure wasof impracticableany toquantity removeof suchmarijuana apparatusor marijuana products for any offense involving forfeiture of the same, the seizing officer may destroy them to aprevent placethe use of safeall storage.or any part thereof for the purpose of unlawful cultivation, processing, or manufacture of marijuana or marijuana products or any other violation of this subtitle.

InThe casedestruction ofshall seizurebe ofin anythe quantitypresence of marijuanaat orleast marijuanaone productscredible forwitness, anyand offensesuch involvingwitness forfeitureshall ofjoin the same, the seizing officer mayin destroya themsworn toreport preventof the useseizure ofand alldestructiEn orto anybe partmade thereofto for the purposeBoard. of unlawful cultivation, processing, or manufacture of marijuana or marijuana products or any other violation of this subtitle.

The destructionreport shall beset inforth the presencegrounds of atthe leastclaim oneof credibleforfeiture, witness,the reasons for seizure and suchdestruction, witnessand shalla joinstatement that, from facts within their own knowledge, the seizing officer inand awitness swornhave reportno ofdoubt whatever that the seizuremarijuana andor destructionmarijuana toproducts bewere madeintended tofor use in the Board.unlawful cultivation, processing, or manufacture of marijuana or marijuana products or were intC.

TheUpon report shall set forth the groundsreturn of the claimwarrant ofas forfeiture,provided thein reasonsthis forsection, seizurethe andcourt destruction,shall andfix a statementtime that,not fromless factsthan within10 theirdays, ownunless knowledge,waived by the seizingaccused officerin writing, and witnessnot havemore nothan doubt30 whateverdays thatthereafter, for the marijuanahearing oron marijuanasuch productsreturn wereto intendeddetermine forwhether useor innot the unlawfularticles cultivation,seized, processing, or manufactureany ofpart marijuanathereof, were used or marijuanain productsany ormanner werekept, intendedstored, foror usepossessed in violation of this subtitle.

ofS 81At 10such days,hearing, unlessif waivedno byclaimant appears, the accusedcourt inshall writing,declare and not more than 30 days thereafter, for the hearinghanarticles onseized suchforfeit4d return to determinethe whetherCommonwealth orand, notif thesuch articles seized,are ornot anynecessary partas thereof,evidence were used or in any mannerpending kept,prosecution, stored,sh8ll orturn possessedthem inover violationto ofthe thisBoard. subtitle.

AtAny suchperson hearing,claiming ifan nointerest claimantin appears,any theof court shall declare the articles seized forfeitedmay toRppear the Commonwealth and, if such articles are not necessary as evidence in any pending prosecution, shall at the hearing and file a written claim setting forth particularly the character and extent of his interest.