Code of Virginia
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§ 54.1-3408.3. Certification for use of cannabis oil for treatment.
A. As used in this section:
“Cannabis oil” means any formulation of processed Cannabis plant extract, which may include oil from industrial hemp extract acquired by a pharmaceutical processor pursuant to § 54.1-3442.6, or a dilution of the resin of the Cannabis plant that contains at least five milligrams of cannabidiol (CBD) or tetrahydrocannabinolic acid (THC-A) and no more than 10 milligrams of delta-9-tetrahydrocannabinol per dose. “Cannabis oil” does not include industrial hemp, as defined in § 3.2-4112, that is grown, dealt, or processed in compliance with state or federal law, unless it has been acquired and formulated with cannabis plant extract by a pharmaceutical processor.
“Practitioner” means a practitioner of medicine or osteopathy licensed by the Board of Medicine, a physician assistant licensed by the Board of Medicine, or a nurse practitioner jointly licensed by the Board of Medicine and the Board of Nursing.
“Registered agent” means an individual designated by a patient who has been issued a written certification, or, if such patient is a minor or an incapacitated adult as defined in § 18.2-369, designated by such patient’s parent or legal guardian, and registered with the Board pursuant to subsection G.
B. A practitioner in the course of his professional practice may issue a written certification for the use of cannabis oil for treatment or to alleviate the symptoms of any diagnosed condition or disease determined by the practitioner to benefit from such use. The practitioner shall use his professional judgment to determine the manner and frequency of patient care and evaluation and may employ the use of telemedicine consistent with federal requirements for the prescribing of Schedule II through V controlled substances.
C. The written certification shall be on a form provided by the Office of the Executive Secretary of the Supreme Court developed in consultation with the Board of Medicine. Such written certification shall contain the name, address, and telephone number of the practitioner, the name and address of the patient issued the written certification, the date on which the written certification was made, and the signature of the practitioner. Such written certification issued pursuant to subsection B shall expire no later than one year after its issuance unless the practitioner provides in such written certification an earlier expiration.
D. No practitioner shall be prosecuted under § 18.2-248 or 18.2-248.1 for dispensing or distributing cannabis oil for the treatment or to alleviate the symptoms of a patient’s diagnosed condition or disease pursuant to a written certification issued pursuant to subsection B. Nothing in this section shall preclude the Board of Medicine from sanctioning a practitioner for failing to properly evaluate or treat a patient’s medical condition or otherwise violating the applicable standard of care for evaluating or treating medical conditions.
E. A practitioner who issues a written certification to a patient pursuant to this section shall register with the Board. The Board shall, in consultation with the Board of Medicine, set a limit on the number of patients to whom a practitioner may issue a written certification.
F. A patient who has been issued a written certification shall register with the Board or, if such patient is a minor or an incapacitated adult as defined in § 18.2-369, a patient’s parent or legal guardian shall register and shall register such patient with the Board.
G. A patient, or, if such patient is a minor or an incapacitated adult as defined in § 18.2-369, such patient’s parent or legal guardian, may designate an individual to act as his registered agent for the purposes of receiving cannabis oil pursuant to a valid written certification. Such designated individual shall register with the Board. The Board may set a limit on the number patients for whom any individual is authorized to act as a registered agent.
H. The Board shall promulgate regulations to implement the registration process. Such regulations shall include (i) a mechanism for sufficiently identifying the practitioner issuing the written certification, the patient being treated by the practitioner, his registered agent, and, if such patient is a minor or an incapacitated adult as defined in § 18.2-369, the patient’s parent or legal guardian; (ii) a process for ensuring that any changes in the information are reported in an appropriate timeframe; and (iii) a prohibition for the patient to be issued a written certification by more than one practitioner during any given time period.
I. Information obtained under the registration process shall be confidential and shall not be subject to the disclosure provisions of the Virginia Freedom of Information Act (§ 2.2-3700 et seq.). However, reasonable access to registry information shall be provided to (i) the Chairmen of the House Committee for Courts of Justice and the Senate Committee on the Judiciary, (ii) state and federal agencies or local law enforcement for the purpose of investigating or prosecuting a specific individual for a specific violation of law, (iii) licensed practitioners or pharmacists for the purpose of providing patient care and drug therapy management and monitoring of drugs obtained by a registered patient, (iv) a pharmaceutical processor or cannabis dispensing facility involved in the treatment of a registered patient, or (v) a registered patient, his registered agent, or, if such patient is a minor or an incapacitated adult as defined in § 18.2-369, the patient’s parent or legal guardian, but only with respect to information related to such registered patient.
The chapters of the acts of assembly referenced in the historical citation at the end of this section may not constitute a comprehensive list of such chapters and may exclude chapters whose provisions have expired.
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Pharmaceutical Processors-Cannabis Oil
Closure of walk-in services
In response to COVID-19 social distancing precautions, DHP’s public reception area is closed to walk-in services.. Read More.
Request for Application
The Board of Pharmacy has issued the following Request for Application (RFA) to solicit applications for a permit to operate a pharmaceutical processor in Health Service Area (HSA) I. As authorized in law, the Virginia Board of Pharmacy (Board) may award conditional approval for only one pharmaceutical processor in this health service area. In order to be considered for selection, an Applicant must submit a complete Application for a Pharmaceutical Processor Permit for HSA I with required documentation and application fee in accordance with this RFA no later than December 4, 2020 at 2:00p.m. EST. Please review the RFA for specific application requirements.
Updates and General Overview regarding Allowances for Cannabis Oil. Read more.
Cannabis Oil Registration Applications for Patients, Parents/Legal Guardians, Registered Agents and Practitioners Now Available
A patient, parent, legal guardian or registered agent may possess cannabis oil, as defined in §54.1-3408.3 of the Code of Virginia who has been issued a valid written certification from a Board of Pharmacy-registered practitioner and who maintains a current registration with the Board of Pharmacy.
Before a practitioner can issue or continue issuing written certifications, he or she must register with the Board of Pharmacy. Learn More about Practitioner Registration.
A patient, parent or legal guardian must have a written certification issued to them by a registered practitioner prior to applying for registration with the Board of Pharmacy and possessing the oils. Learn More about Patient/Parent/Guardian Registration.
A patient, or the patient’s parent or legal guardian, may chose a registered agent to receive cannabidiol oil or THC-A oil on behalf of the patient. . Learn More about Registered Agent Registration.
SB1557 authorizes physician assistants and nurse practitioners to issue written certifications to patients beginning July 1, 2019.
A pharmaceutical processor is a facility that has obtained a permit from the Board of Pharmacy pursuant to §54.1-3408.3 to cultivate Cannabis plants for the production of cannabis oil, and dispense the oil to patients registered by the Board of Pharmacy for treatment or to alleviate the symptoms of any diagnosed condition or disease determined by the physician to benefit from such use. As set forth in §54.1-3442.6 of the Code of Virginia, the Board may issue or renew a maximum of 5 permits, one for each health service area established by the Board of Health. The Board issued conditional approval to five applicants in 2018. It is anticipated that cannabis oil products will be available from the pharmaceutical processors in Summer 2020.
Additionally, the Board may issue or renew a maximum of 5 permits for cannabis dispensing facilities in each health service area. The cannabis dispensing facility must be owned in part by the pharmaceutical processor permitted in that area. Emergency regulations related to these facilities will tentatively become effective in January 2021. Applications for permitting cannabis dispensing facilities may be accepted in 2021 after the emergency regulations become effective.
Caroline D. Juran, Executive Director
Kristopher S. Ratliff, Chairman
Virginia Pharmaceutical Processors Program – Cannabis Oil