Virginia SB 423: Cannabis control; retail market, penalties.

Bill Text

2024SESSION
INTRODUCED
24104441D
1 SENATEBILLNO.423
2 OfferedJanuary10,2024
3 PrefiledJanuary9,2024
4 A BILL to amend and reenact §§ 4.1-600, 4.1-604, 4.1-606, 4.1-610, 4.1-619, 4.1-1105.1, and 4.1-1602
5 of the Code of Virginia and to amend the Code of Virginia by adding in Chapter 6 of Title 4.1 a
6 section numbered 4.1-629, by adding in Chapter 7 of Title 4.1 sections numbered 4.1-700 through
7 4.1-704, by adding in Chapter 10 of Title 4.1 sections numbered 4.1-1003 through 4.1-1007, by
8 adding in Chapter 11 of Title 4.1 sections numbered 4.1-1104, 4.1-1106, and 4.1-1122, by adding in
9 Chapter 12 of Title 4.1 sections numbered 4.1-1200, 4.1-1202, 4.1-1206, and 4.1-1207, by adding in
10 Chapter 13 of Title 4.1 a section numbered 4.1-1307, by adding in Chapter 14 of Title 4.1 sections
11 numbered 4.1-1403, 4.1-1404, and 4.1-1405, and by adding in Article 2 of Chapter 1 of Title 6.2 a
12 section numbered 6.2-108, relating to cannabis control; retail market; penalties.
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Patron––Ebbin
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15 ReferredtoCommitteeonRehabilitationandSocialServices
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17 Be it enacted by the General Assembly of Virginia:
18 1. That §§ 4.1-600, 4.1-604, 4.1-606, 4.1-610, 4.1-619, 4.1-1105.1, and 4.1-1602 of the Code of
19 Virginia are amended and reenacted and that the Code of Virginia is amended by adding in
20 Chapter 6 of Title 4.1 a section numbered 4.1-629, by adding in Chapter 7 of Title 4.1 sections
21 numbered 4.1-700 through 4.1-704, by adding in Chapter 10 of Title 4.1 sections numbered
22 4.1-1003 through 4.1-1007, by adding in Chapter 11 of Title 4.1 sections numbered 4.1-1104,
23 4.1-1106, and 4.1-1122, by adding in Chapter 12 of Title 4.1 sections numbered 4.1-1200, 4.1-1202,
24 4.1-1206, and 4.1-1207, by adding in Chapter 13 of Title 4.1 a section numbered 4.1-1307, by
25 adding in Chapter 14 of Title 4.1 sections numbered 4.1-1403, 4.1-1404, and 4.1-1405, and by
26 adding in Article 2 of Chapter 1 of Title 6.2 a section numbered 6.2-108 as follows:
27 §4.1-600. Definitions.
28 As used in this subtitle, unless the context requires a different meaning:
29 "Advertisement" or "advertising" means any written or verbal statement, illustration, or depiction that
30 is calculated to induce sales of retail marijuana, retail marijuana products, marijuana plants, or marijuana
31 seeds, including any written, printed, graphic, digital, electronic, or other material, billboard, sign, or
32 other outdoor display, publication, or radio or television broadcast.
33 "Authority" means the Virginia Cannabis Control Authority created pursuant to this subtitle.
34 "Board" means the Board of Directors of the Virginia Cannabis Control Authority.
35 "Cannabis Control Act" means Subtitle II (§4.1-600 et seq.).
36 "Canopy" means any area dedicated to live marijuana plant cultivation, including areas in which
37 plants are grown, propagated, or maintained.
38 "Child-resistant" means, with respect to packaging or a container, (i) specially designed or
39 constructed to be significantly difficult for a typical child under five years of age to open and not to be
40 significantly difficult for a typical adult to open and reseal and (ii) for any product intended for more
41 than a single use or that contains multiple servings, resealable.
42 "Cultivation" or "cultivate" means the planting, propagation, growing, harvesting, drying, curing,
43 grading, trimming, or other similar processing of marijuana for use or sale. "Cultivation" or "cultivate"
44 does not include manufacturing or testing.
45 "Edible marijuana product" means a marijuana product intended to be consumed orally, including
46 marijuana intended to be consumed orally or marijuana concentrate intended to be consumed orally.
47 "Historically economically disadvantaged community" means either (i) a jurisdiction identified by the
48 Board utilizing census tract data made available by the United States Census Bureau in which offenses
49 for marijuana possession were committed at a rate in excess of 150 percent of the statewide average for
50 marijuana possession offenses during the previous 10 years or (ii) a historically underutilized business
51 zone as defined in 15 U.S.C. §657a.
52 "Immature plant" means a nonflowering marijuana plant that is no taller than eight inches and no
53 wider than eight inches, is produced from a cutting, clipping, or seedling, and is growing in a container.
54 "Licensed" means the holding of a valid license granted by the Authority.
55 "Licensee" means any person to whom a license has been granted by the Authority.
56 "Manufacturing" or "manufacture" means the production of marijuana products or the blending,
57 infusing, compounding, or other preparation of marijuana and marijuana products, including marijuana
58 extraction or preparation by means of chemical synthesis. "Manufacturing" or "manufacture" does not
INTRODUCED
SB423
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59 include cultivation or testing.
60 "Marijuana" means any part of