Virginia SB 671: Pharmaceutical processors; amends the definition of 'cannabis oil.'

Bill Text

VIRGINIAACTSOFASSEMBLY--2022SESSION
CHAPTER392
An Act to amend and reenact §§ 54.1-3408.3, 54.1-3442.5, 54.1-3442.6, and 54.1-3442.7 of the Code of
Virginia, relating to pharmaceutical processors.
[S671]
ApprovedApril11,2022
Be it enacted by the General Assembly of Virginia:
1. That §§ 54.1-3408.3, 54.1-3442.5, 54.1-3442.6, and 54.1-3442.7 of the Code of Virginia are
amended and reenacted as follows:
§54.1-3408.3. Certification for use of cannabis oil for treatment.
A. As used in this section:
"Botanical cannabis" means cannabis that is composed wholly of usable cannabis from the same parts
of the same chemovar of cannabis plant.
"Cannabis oil" means any formulation of processed Cannabis plant extract, which may include oil
from industrial hemp extract extracts, including isolates and distillates, 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 grown and processed in the Commonwealth by a registered industrial hemp processor and
acquired and formulated with cannabis plant extract by a pharmaceutical processor.
"Cannabis product" means a product that is (i) produced by a pharmaceutical processor, registered
with the Board, and compliant with testing requirements and (ii) composed of cannabis oil or botanical
cannabis.
"Designated caregiver facility" means any hospice or hospice facility licensed pursuant to
§ 32.1-162.3, or home care organization as defined in § 32.1-162.7 that provides pharmaceutical services
or home health services, private provider licensed by the Department of Behavioral Health and
Developmental Services pursuant to Article 2 (§ 37.2-403 et seq.) of Chapter 4 of Title 37.2, assisted
living facility licensed pursuant to § 63.2-1701, or adult day care center licensed pursuant to
§63.2-1701.
"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.
"Usable cannabis" means any cannabis plant material, including seeds, but not (i) resin that has been
extracted from any part of the cannabis plant, its seeds, or its resin; (ii) the mature stalks, fiber produced
from the stalks, or any other compound, manufacture, salt, or derivative, mixture, or preparation of the
mature stalks; or (iii) oil or cake made from the seeds of the plant.
B. A practitioner in the course of his professional practice may issue a written certification for the
use of cannabis products 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, provided that the use of telemedicine includes the delivery of patient
care through real-time interactive audio-visual technology. If a practitioner determines it is consistent
with the standard of care to dispense botanical cannabis to a minor, the written certification shall
specifically authorize such dispensing. If not specifically included on the initial written certification,
authorization for botanical cannabis may be communicated verbally or in writing to the pharmacist at
the time of dispensing.
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 Pharmacy. 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 or authentic electronic 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. A written certification shall not be
issued to a patient by more than one practitioner during any given time period.
D. No practitioner shall be prosecuted under § 18.2-248 or 18.2-248.1 for the issuance of a

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certification for the use of cannabis products for the treatment or to alleviate