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VA Marijuana Dispensary Guide

Virginia Regulated Cannabis Program

Type of program: Medical and Recreational

VA Medical Marijuana Program Overview

The state of Virginia enacted a law in 2017 effectively permitting patients with intractable epilepsy to legally use cannabis oil if recommended by a licensed physician.

On July 1, 2020, Virginia became the 34th state to allow the sale and use of medical marijuana oil for qualifying patients, formally protecting them from arrest and prosecution for possession. The bill was expanded to include all medical conditions, as long as the attending physician believed the patient could benefit from medical marijuana oil. Patients are allowed cannabis preparations with no more than 10 milligrams of THC. The sale of marijuana flower is not permitted at the time of writing.

However, the legislation was further expanded in 2021, to allow patients access to whole-plant botanical cannabis, including flower, with the passing of House Bill 2218 and Senate Bill 1333. These bills will officially take effect on July 1, 2021, and the products should be available for purchase in September of 2021.

Find more information on the law here.

VA Recreational Marijuana Overview

The Virginia House and Senate voted on February 27, 2021, to approve a bill legalizing marijuana for adult recreational use. Gov. Ralph Northam fully supports the legalization of recreational marijuana. A summary of the final legislation can be found here

The state of Virginia will begin laying the groundwork this coming July. However the sales, possession, and cultivation of adult-use marijuana for individuals 21 years and older will not be legal until January 2024.

Legalization bills SB 1406 and HB 2312 were passed by the House and Senate on Friday, February 5. The House voted 55-42 to pass HB 2312, and the Senate passed SB 1406 by a 23-15 margin. 

Legislation was also passed by the Senate and House (bills HB 2113 and SB 1339)  requiring the automatic expungement of past criminal records and cannabis offenses in the state of Virginia.

Virginia Cannabis Stores

The state of Virginia allowed the opening of medical marijuana dispensaries in October of 2020, after the passing of bill SB 976. There are now a limited number of open cannabis stores in the state. More dispensaries will open over the course of 2022, capping at a total of 30.

VA Recreational Dispensaries will be open in 2024, unless the timetables get sped up.

Available Dispensary products

At present, in the state of Virginia, medical marijuana dispensaries are permitted to sell capsules, sprays, tinctures, oils, creams, gels, lozenges, patches, suppositories, lollipops and inhalation products extracted from cannabis oil. Patients can also purchase marijuana flower for smoking, vaping, or cooking. 

Patient purchase and possession limits

The specified possession limit for botanical cannabis will allow for up to 4 ounces per 30 days to be dispensed to a patient.

For the time being, medical marijuana patients may possess a 90-day supply of cannabis oil products containing up to 10 mg of THC and a minimum of 5mg of CBD. Products permitted under the law may be in any formulation, including inhalable, edible, and topical preparations.

Age limits

Any individual 18 years of age and older may apply for a medical marijuana card in the state of Virginia.

When recreational, adult-use marijuana dispensaries are open in Virginia, the legal age will be 21 years of age and older to shop.

Get certified for medical marijuana

How to get a Virginia medical marijuana card

All qualifying patients, their caregivers, legal guardians, and registered agents may purchase and possess cannabis oil as defined in § 54.1-3408.3 the Code of Virginia, only after they have received written certification from a Board of Pharmacy-registered practitioner.

Once the patient has obtained the written certification to possess cannabis oil as defined in §18.2-250.1, they will submit their application online in order to receive their medical marijuana card from the Virginia Board of Pharmacy. 

The online registration application is accessible on the Virginia Department of Health Professions (DHP) Initial Applications site and must be renewed annually. 

VA medical marijuana doctors

On July 1, 2019, the state of Virginia passed bill  SB1719, effectively expanding bill HB 1251, allowing medical marijuana certifications to be written by Nurse Practitioners and Physician Assistants, in addition to licensed physicians.

Virginia Medical Marijuana Doctors

Caregivers

All medical marijuana patients are allowed to assign a designated caregiver. Caregivers can be parents or legal guardians. Caregivers can procure and administer medicine to their clients with a written certification from the patient’s physician, nurse practitioner, or physician assistant. All caregivers must register with the Virginia Board of Pharmacy.

Each caregiver/parent/guardian must obtain his or her own board registration. The online registration application is accessible on the Initial Applications site and may be renewed annually.

Virginia qualifying conditions

In the state of Virginia, at this time, any person with a diagnosed condition or disease determined by the practitioner to benefit from the use of medical marijuana will be deemed a qualifying patient. Here are some of the common conditions that may benefit from a medical marijuana prescription:

MedCard Telemedicine

All individuals wishing to obtain a doctor evaluation for a medical marijuana card recommendation may now do so from the comfort of their homes via a telemedicine appointment using their computer, tablet, or smartphone to conduct the appointment.

Video: How to get a medical card in Virginia using telemedicine.

Virginia Marijuana Rules & Laws

Home cultivation

At present, the cultivation of medical marijuana for personal use is prohibited in the state of Virginia.

Reciprocity

At present, Virginia does not recognize out-of-state medical marijuana cards. State regulations also declare that Virginia medical cannabis certifications cannot be used in other states.

Public consumption laws in Virginia 

The state of Virginia does not permit medical marijuana to be consumed in public in any way, and can only be consumed in a private residence or property. 

Social consumption

At present, there are no social lounges in the state of Virginia where medical marijuana may be legally consumed.

Renters 

Marijuana is still illegal in the state of Virginia, and because of this landlords may tend to rely on default lease language that essentially prohibits the use of marijuana or any illegal substance on their property. 

Nevertheless, relying on such default anti-drug or illegal activity provisions provides room for interpretation and potential leniency by a court interpreting marijuana use as a breach of the lease agreement.

The lease could potentially be amended to categorize marijuana as a prohibited substance and the tenant will have no choice but to abstain from marijuana use on the premises. This would apply to medical marijuana patients as well.

Marijuana-related DUI laws in Virginia

Virginia recognizes marijuana as a Schedule One substance that is deemed illegal by the Federal Government. Marijuana is considered an intoxicant, therefore driving after consuming it may jeopardize the safety of the driver and other individuals. The impaired driver may be charged with a DUI, resulting in similar charges as applied to an alcohol-related offense.

Virginia hemp and CBD laws

CBD hemp-derived oil is legal in the state of Virginia if it doesn’t contain more than 0.3% THC.

Smokable hemp flower is still a grey area in the state. Virginia hemp laws state that only licensed individuals are allowed to possess, deal or grow hemp flower.

However, Virginia law also states that hemp products including pre-rolls, cigarettes, and oils meet the definition of hemp products. Virginia needs to clarify the law to avoid confusion.

To further add to the confusion, Virginia maintains that only individuals 21 years and older can purchase smokable hemp products, even though they were among the first states to regulate smokable hemp and allow vending machine sales.

Learn more about Virginia hemp and CBD laws

Virginia marijuana and guns

Although marijuana is legal in the state of Virginia, it is still considered a Schedule I Controlled Substance and is Federally prohibited. Therefore gun purchase or ownership is currently prohibited for anyone that consumes marijuana. 

Learn more about Marijuana, Guns and CWP’s

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