Virginia

Navigating Virginia State Laws:

Patients and Caregivers: Enrolling and Accessing Medical Cannabis

Medical Professionals: Procedures for recommending Medical Cannabis

Policymakers and Advocates: Actions Needed to Improve Laws for Patients

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For more information about cannabis safety, download ASA's "What’s in Your Cannabis? A Patient & Consumer Guide to Navigating Cannabis Safety."

NOTICE: It can be challenging for patients to determine which businesses offering cannabis products are licensed and approved by the state. Review this list of medical cannabis retailers to find out where to purchase regulated cannabis in Virginia. 

Traveling? Get more information about traveling in the US here. 

Home cultivation is allowed in Virginia, for adults at least 21 years old. Up to four plants per household. 

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Background on State Laws

Cannabis is legal to all adults over 21 in Virginia. Any adult may grow up to four plants at home. Patients and caregivers in Virginia are allowed to purchase up to 4 ounces every 30 days. Patients in Virginia report high prices and scarce retailers as their primary barriers to access. Virginia does not recognize out of state medical cannabis cards. February of 2015 marked the signing of HB 1445 and SB 1235, legislation extending some legal protections to epilepsy patients using CBD or THCA extracts. This law protects epilepsy patients using those specific medicines from prosecution but not arrest, and the legislation did not authorize the creation of a medical commercial cannabis system that would license cultivators, manufacturers, distributors, or legal retail facilities. Improvements still need to be made to provide access to a larger patient population. Details on how these laws apply to patients and medical professionals can be found below.

In 2021, SB 1406 allows for the automatic expungement of certain misdemeanor marijuana possession convictions. This bill also limits the public's access to them, which prohibits employers from being able to ask about them. House Bill 2113 was enacted in 2021 to establish a set process for the automatic expungement of convictions SB 1406 allowed for.

Here is a breakdown of how Virginia fared in ASA’s Annual State of the States Report, which evaluates the effectiveness of each state cannabis program from a patient perspective and assigns a grade using a rubric that reflects the key issues affecting patient access. Medical cannabis laws are constantly changing, ASA’s policy recommendations for Virginia can be found below. For policy updates Sign Up here or Take Action!

Patient Rights and Civil Protections	70/100
Arrest Protection 25/25 Affirmative Defense 20/20 Parental Rights Protections 0/20 DUI Protections 0/10 Employment Protections 20/20 Explicit Privacy Standards 5/5
Access to Medicine	48/100
Authorizes Retail Access 10/10 Alternative Accessibility Methods 13/20 - Authorizes Delivery 8/10 - Authorizes Curbside Pickup 5/10 Personal Cultivation 15/15 Collective Gardening 0/5 Sufficient Number of Licensed Retailers 10/30 Reciprocity 0/20
Program Functionality	79/100
Legal Protections Within Reasonable Time Frame 20/20 Reasonable Possession Limits 6/10 Reasonable Purchase Limits 8/10 Telemedicine for Physician Certifications 15/15 Patient and Physician Representation in Program Decision Making 10/20 Reasonable Caregiver Standards 0/5 - Background Checks 0/2 - Number of Caregivers 0/3 Reasonable Physician Standards 5/5 Access to Administration Methods 10/10 - Allows Dried Flower 5/5 - Allows Edibles, Concentrates, and Other Forms 5/5 Provides Access to Minors on School Grounds 5/5
Affordability	65/100
Sales Tax Break for Patients and Caregivers 20/20 Covered by State Insurance or Health Aid 0/20 Reasonable Registration Fees 20/20 Financial Hardship Waivers or Discounts 15/20 Donation Program 0/10 Allows Multi-Year Registrations 10/10
Health and Social Equity	44/100
State Program Protections 25/25 Housing Protections 0/25 Access for Minors 9/10 Access in Underserved Areas 0/10 List of Qualifying Conditions is Exhaustive or All Inclusive 10/10 Allows Patients to Medicate Where they Choose 0/10 Organ Transplants 0/5 Ownership or Employment Restrictions 0/5
Consumer Protection and Product Safety	114/200
Cultivation Operations 26/50 Quality Management Systems 0/10 Staff Training 10/10 Standard Operating Procedures 3/8 - Facility and Equipment Sanitation 0/1 - Workplace Safety 0/1 - Storage 1/1 - Batch and Lot Tracking 1/1 - Security 1/1 - Waste Disposal 0/1 - Water Management 0/1 - Records Management 0/1 Pesticide Usage Limitations 1/2 Environmental Impact Regulations 0/2 Required Testing 7/8 - Cannabinoids 1/1 - Terpenes 1/1 - Microbials 1/1 - Aflatoxins 1/1 - Pesticides 1/1 - Heavy Metals 1/1 - Foreign Matter 0/1 - Moisture Content/ Water Activity 1/1 Packaging and Labeling 2/3 - Cannabinoids 1/1 - Terpenes 1/1 - Pesticides 0/1 Complaints, Adverse Event Reporting, and Recall Protocol 3/7 Manufacturing Operations 25/50 Quality Management Systems 0/10 Staff Training 10/10 Standard Operating Procedures 3/7 - Facility and Equipment Sanitation 0/1 - Workplace Safety 0/1 - Storage 1/1 - Batch and Lot Tracking 1/1 - Security 1/1 - Waste Disposal 0/1 - Records Management 0/1 Environmental Impact Regulations 0/3 Required Testing 7/10 - Cannabinoids 1/1 - Terpenes 1/1 - Microbials 1/1 - Aflatoxins 1/1 - Pesticides 1/1 - Heavy Metals 1/1 - Residual Solvents 1/1 - Homogeneity 0/1 - Foreign Matter 0/1 - Water Activity 0/1 Packaging and Labeling 2/5 - Cannabinoids 1/1 - Terpenes 1/1 - Ingredients 0/1 - Allergens 0/1 - Nutritional Content 0/1 Complaints, Adverse Event Reporting and Recall Protocol 3/5 Dispensary Operations 30/50 Staff Training 10/20 Standard Operating Procedures 3/7 - Facility Sanitation 0/1 - Workplace Safety 0/1 - Storage 1/1 - Batch and Lot Tracking 1/1 - Security 1/1 - Waste Disposal 0/1 - Records Management 0/1 Product Testing 10/10 - Product Meets Requirements Before Sale 5/5 - COA Disclosure 5/5 Complaints, Adverse Event Reporting and Recall Protocol 7/13 Laboratory Operations 33/50 Independent or Third-Party 5/5 Laboratory Sampling 0/5 Method Validation 4/4 Quality Management Systems 5/5 Staff Training 10/20 Standard Operating Procedures 7/7 - Facility and Equipment Sanitation 1/1 - Equipment and Instrument Calibration 1/1 - Workplace Safety 1/1 - Sample Tracking 1/1 - Security 1/1 - Waste Disposal 1/1 - Records Management 1/1 Result Reporting 2/4
Score Penalties	20/100
Gives Regulatory Preference to Adult Use 15/20 Classifies Cannabis as a Medicine of Last Resort 0/15 Administrative or Supply Problems 5/15 Requires Vertical Integration 0/10 Creates New Criminal Penalties for Patients 0/10 Limits Patients to a Single Retailer 0/10 No System for Adding Qualifying Conditions 0/10 Imposes Bans or Limits on THC 0/5 Imposes Bans or Limits on CBD 0/5
Excerpted from ASA's 2022 State of the States Report.