Virginia Medical Marijuana Law
Virginia’s medical marijuana program currently only permits residents afflicted by intractable epilepsy to use CBD and low-concentration THC-A oils. Senate Bill 701, which was passed in 2016, made legal the provision of cannabidiol (CBD) and low-concentration THC-A oils to patients who have received written medical marijuana certifications.
House Bill 1251 was passed in March of 2018, expanding Virginia’s medical marijuana legislation. The House Bill’s changes include: any disease or condition can qualify patients for the medical marijuana program; doctors are no longer required to be neurologists in order to assess patients with certifications; pharmaceutical processors can dispense up to a 90-day supply of medication per patient or caregiver (an amount which the Board of Medicine will establish soon); and the minimum grammage of CBD or THC-A in a dilution of cannabis oil has been dropped to 5 mg per ml.
Note that neither bill includes language that would allow for the cultivation, processing, and dispensing of cannabis medication within Virginia. Patients must acquire their treatments from a neighboring state that recognizes out-of-state written certifications.
What Medical Conditions Qualify for Medical Marijuana in Virginia:
Debilitating Medical Conditions as defined by law include:
Any diagnosed condition or disease determined by the practitioner to benefit from such use.
How to Receive a Virginia Medical Marijuana Recommendation as a Patient:
Doctors of medicine or osteopathy licensed by the Virginia Board of Medicine may issue medical cannabis certifications for CBD and low-THC-A oils.
Both the certifying doctor as well as the patient, or his or her guardian, must register with Virginia’s Board of Medicine.
What Medical Marijuana Patients in Virginia Should Know:
Medical cannabis patients who possess cannabidiol or THC-A oils are protected from prosecution by an affirmative defense if they have been issued a cannabis certification.
Cannabidiol oil means: a processed Cannabis plant extract that contains at least 15% cannabidiol but no more than 5% tetrahydrocannabinol (THC), or a dilution of the resin of the Cannabis plant that contains at least 5 milligrams of cannabidiol per milliliter but not more than 5% tetrahydrocannabinol (THC).
THC-A oil means: a processed Cannabis plant extract that contains at least 15% tetrahydrocannabinol acid but no more than 5% tetrahydrocannabinol, or a dilution of the resin of the Cannabis plant that contains at least 5 milligrams of tetrahydrocannabinol acid per milliliter but not more than five percent tetrahydrocannabinol.
What Medical Marijuana Doctors in Virginia Should Know:
Doctors of medicine or osteopathy licensed by the Virginia Board of Medicine may issue medical cannabis certifications for CBD and THC-A oils.
Written certification forms must include the patient’s 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. Each certification is good for up to a year before requiring renewal.