Virginia Medical Marijuana Laws

In February of 2015 Gov. McAuliffe signed into law HB1445/SB1235 which extended an affirmative legal defense to patients who use cannabidiol (“CBD”) or THC acid (“THC-A”) extracts with the written certification of a doctor. The law does not establish a distribution system within the commonwealth meaning that patients are forced to travel elsewhere to legally acquire their medicine. Those legal protections do not extend to preventing arrest and only apply to (i) CBD that is at least 15% CBD and no more than 5% THC; or (ii) THC-A oil that is at least 15% THC-A and not more than  5% THC.

At the end of the 2016 legislative session, the state passed SB 701 that establishes regulations governing the in-state production of therapeutic oils high in CBD or THC-A to be used for the treatment of intractable epilepsy.  Senate Bill 701 requires the Virginia Board of Pharmacy to adopt regulations establishing health, safety, and security requirements for pharmaceutical processors of oils high in CBD and/or THC-A. 

Governor McAuliffe signed SB 1027 into law in March of 2017, which authorizes a pharmaceutical processor, after obtaining a permit from the Board of Pharmacy (the Board) and under the supervision of a licensed pharmacist, to manufacture and provide cannabidiol oil and THC-A oil to be used for the treatment of intractable epilepsy.

In early 2018, Governor Ralph Northam signed HB 1251, which removed the list of qualifying conditions and allows doctors across the state to recommend cannabis treatment for any of their patients, not just those with intractable epilepsy. Patients will be able to purchase marijuana oils from any of five state-approved producers. In addition to expanded inclusiveness, HB 1251 also increases the amount of cannabis that each patient is allowed to purchase at one time, from a 30 day to a 90 day supply. 

Law

HB 1445/SB1235 (2015) - extended an affirmative legal defense to patients who use cannabidiol or THC acid extracts with the written certification of a doctor

SB 701 (2016) - establishes regulations governing the in-state production of therapeutic oils high in CBD or THC-A to be used for the treatment of intractable epilepsy

SB 1027 (2017) - authorizes a pharmaceutical processor to manufacture and provide cannabidiol oil and THC-A oil to be used for the treatment of intractable epilepsy.

HB 1251 (2018) - removes list of qualifying conditions and increases allowable amount from 30 day supply to 90 day supply. 

Written Certification

Certification for the use of Cannabidiol Oil or THC-A Oil