Cannabis Rules & Regulations: Virginia

Cannabis Rules & Regulations: Virginia

Virginia Cannabis History

Recreational marijuana will be legal for adult use on July 1, 2021 with the passage of House Bill 2312  and Senate Bill 1406, making Virginia the 17th US state (and 1st Southern state) to legalize marijuana.

2020’s SB 5013 and SB 5029 reduced penalties for cannabis possession to a civil penalty, and eliminated cannabis odor as a pretext for law enforcement searches, respectively.

Virginia’s medical marijuana program was initiated in 2017 with the approval of a bill allowing limited cannabis cultivation and access to CBD and THC oil for patients with severe epilepsy.  In 2018, Virginia’s Governor signed HB 1251, which expanded medical marijuana access to any patient who could benefit.


Virginia Child-Resistant Packaging Rules

Virginia’s child-resistant packaging rules are established by the state’s Board of Pharmacy, and include the following:

  • A. A pharmaceutical processor shall assign a brand name to each product of cannabidiol oil or THC-A oil. The pharmaceutical processor shall register each brand name with the board on a form prescribed by the board prior to any dispensing and shall associate each brand name with a specific laboratory test that includes a terpenes profile and a list of all active ingredients, including:
  • B. A pharmaceutical processor shall not label two products with the same brand name unless the laboratory test results for each product indicate that they contain the same level of each active ingredient listed in subsection A of this section within a range of 97% to 103%.
  • C. The board shall not register any brand name that:
  • A. Cannabidiol oil or THC-A oil produced as a batch shall not be adulterated.
  • B. Cannabidiol oil or THC-A oil produced as a batch shall be:
    • a. The name and address of the pharmaceutical processor;
    • b. The brand name of the cannabidiol oil or THC-A oil product that was registered with the board pursuant to 18VAC110-20-285;
    • c. A unique serial number that matches the product with the pharmaceutical processor batch and lot number so as to facilitate any warnings or recalls the board or pharmaceutical processor deem appropriate;
    • d. The date of testing and packaging;
    • e. The expiration date;
    • f. The quantity of cannabidiol oil or THC-A oil contained in the batch;
    • g. A terpenes profile and a list of all active ingredients, including:
      • (1) Tetrahydrocannabinol (THC);
      • (2) Tetrahydrocannabinol acid (THC-A);
      • (3) Cannabidiol (CBD);
      • (4) Cannabidiolic acid (CBDA); and
      • (5) Any other active ingredient that constitutes at least 1.0% of the batch used in the product; and
    • h. A pass or fail rating based on the laboratory's microbiological, mycotoxins, and heavy metals and pesticide chemical residue analysis.
  • A. A pharmaceutical processor shall label each cannabidiol oil or THC-A oil product prior to dispensing by a pharmacist and shall securely affix to the package a label that states in legible English:
    • a. Tetrahydrocannabinol (THC);
    • b. Tetrahydrocannabinol acid (THC-A); and
    • c. Cannabidiol (CBD);
  • B. No person except a pharmacist or pharmacist technician under the direct supervision of a pharmacist at the pharmaceutical processor shall alter, deface, or remove any label so affixed.


Useful Links for Virginia Cannabis Regulations

Virginia Medical Cannabis FAQs
Virginia Regulations Governing Pharmaceutical Processors
Virginia Medical Marijuana Patient Applications
News: Virginia Legaizes Recreational Marijuana 4/7/21
Virginia Board of Pharmacy FAQ’s for Cannabis Processors


Virginia Cannabis Growers Application

Industrial Hemp and Marijuana Growers Applications and Information

Editor's Note: Status as of 4/9/2021

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