Virginia Medical Marijuana License

In Virginia, patients with any diagnosed condition have an affirmative defense to possess and use CBD and/or THC-A oils, as determined by a medical practitioner. Effective July 1, 2019, any formulation of processed cannabis plant extract, except for whole plant cannabis, will be permitted. These marijuana extracts must contain at least 15% of either cannabidiol (CBD) or THC-A and no more than 5% THC. State-licensed pharmaceutical processors may cultivate, process, and dispense the extracts to patients. This is a single license for vertically-integrated businesses.

Medical Marijuana in Virginia

In 2015, Governor Terry McAuliffe signed two bills that provided an affirmative defense for epilepsy patients in possession of CBD or THC-A oil with a doctor’s recommendation. In 2017, Gov. McAuliffe signed SB 1027, a bill that enabled patients suffering from intractable epilepsy to access cannabidiol (CBD) or THC-A oil.

In 2018, the Gov. McAuliffe signed House Bill 1251, expanding the state’s medical marijuana program to allow the use of cannabidiol (CBD) or THC-A oil for the treatment of any diagnosed condition or disease determined by a medical practitioner. As of July 1, 2019, patients may enroll in the program with the state Board of Pharmacy with their physician’s authorization.

The Virginia Board of Pharmacy closed applications for Pharmaceutical Processor Licenses on June 8, 2018. The five licensed companies are: PharmaCann Virginia, Dalitso, Dharma Pharmaceuticals, Green Leaf Medical of Virginia, and Columbia Care.

On July 1, 2019, 3 medical marijuana bills signed by Virginia Governor Ralph Northam went into effect. Each bill expands Virginia’s medical marijuana program. One bill allows school healthcare providers to administer medical marijuana oil to registered patients while at school. Another bill, known as the “Let Doctors Decide” bill, allows Virginia doctors to recommend medical marijuana oil for any diagnosed condition or disease. The last bill allows “registered agents” to receive medical marijuana oil on behalf of a patient, often referred to as a “caregiver” in other states.

In May of 2020, the Virginia Governor signed SB2, which decriminalized marijuana.

In January of 2021, Gov. Ralph Northam’s administration unveiled legislation to legalize the recreational use of marijuana in Virginia, proposing a 21% state tax on the drug and a licensing program meant to ease entry for people harmed by the disparate enforcement of marijuana laws.

Virginia Medical Cannabis Applications

Marijuana applications are currently not available in Virginia. However, applications will likely open up in Virginia in the near future. Many successful groups begin putting together comprehensive business plans and seeking out strategic partners in the state well in advance of applying for a Virginia marijuana business license. Schedule a time to discuss your options with us here.

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