{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/4.1-1601.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/4.1-1601.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/4.1-1601.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/4.1-1601.html"}],"law_id":63911,"edition_id":1,"section_id":63911,"structure_id":14131,"section_number":"4.1-1601","catch_line":"Certification for use of cannabis for treatment","history":"2023, cc. 740, 760, 773, 780, 799.","full_text":"A\n\nA 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 audiovisual technology. No practitioner may issue a written certification while such practitioner is on the premises of a pharmaceutical processor or cannabis dispensing facility. A pharmaceutical processor shall not endorse or promote any practitioner who issues certifications to patients. 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. A practitioner who issues written certifications shall not directly or indirectly accept, solicit, or receive anything of value from a pharmaceutical processor, cannabis dispensing facility, or any person associated with a pharmaceutical processor, cannabis dispensing facility, or provider of paraphernalia, excluding information on products or educational materials on the benefits and risks of cannabis products.B\n\nThe written certification shall be on a form provided by the Authority. 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 A shall expire 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.C\n\nNo practitioner shall be prosecuted under § 18.2-248 or 18.2-248.1 for the issuance of a certification for the use of cannabis products for the treatment or to alleviate the symptoms of a patient’s diagnosed condition or disease pursuant to a written certification issued pursuant to subsection A. Nothing in this section shall preclude a practitioner’s professional licensing board from sanctioning the practitioner for failing to properly evaluate or treat a patient’s medical condition or otherwise violating the applicable standard of care for evaluating or treating medical conditions.D\n\nA practitioner who issues a written certification to a patient pursuant to this section (i) shall hold sufficient education and training to exercise appropriate professional judgment in the certification of patients; (ii) shall not offer a discount or any other thing of value to a patient or a patient’s parent, guardian, or registered agent that is contingent on or encourages the person’s decision to use a particular pharmaceutical processor or cannabis product; (iii) shall not issue a certification to himself or his family members, employees, or coworkers; (iv) shall not provide product samples containing cannabis other than those approved by the U.S. Food and Drug Administration; and (v) shall not accept compensation from a pharmaceutical processor or cannabis dispensing facility. The Board shall not limit the number of patients to whom a practitioner may issue a written certification. The Board may report information to the applicable licensing board on unusual patterns of certifications issued by a practitioner.E\n\nNo patient shall be required to physically present the written certification after the initial dispensing by any pharmaceutical processor or cannabis dispensing facility under each written certification, provided that the pharmaceutical processor or cannabis dispensing facility maintains an electronic copy of the written certification. Pharmaceutical processors and cannabis dispensing facilities shall electronically transmit on a monthly basis all new written certifications received by the pharmaceutical processor or cannabis dispensing facility to the Authority.F\n\nA patient, or, if such patient is a minor or a vulnerable adult as defined in § 18.2-369, such patient’s parent or legal guardian, may designate an individual to act as his registered agent for the purposes of receiving cannabis products pursuant to a valid written certification. Such designated individual shall register with the Board unless the individual’s name listed on the patient’s written certification. An individual may, on the basis of medical need and in the discretion of the patient’s registered practitioner, be listed on the patient’s written certification upon the patient’s request. The Board may set a limit on the number of patients for whom any individual is authorized to act as a registered agent.G\n\nUpon delivery of a cannabis product by a pharmaceutical processor or cannabis dispensing facility to a designated caregiver facility, any employee or contractor of a designated caregiver facility who is licensed or registered by a health regulatory board and who is authorized to possess, distribute, or administer medications may accept delivery of the cannabis product on behalf of a patient or resident for subsequent delivery to the patient or resident and may assist in the administration of the cannabis product to the patient or resident as necessary.H\n\nInformation obtained under the patient certification or agent registration process shall be confidential and shall not be subject to the disclosure provisions of the Virginia Freedom of Information Act (§ 2.2-3700 et seq.). However, reasonable access to registry information shall be provided to (i) the Chairmen of the House and Senate Committees for Courts of Justice, (ii) state and federal agencies or local law enforcement for the purpose of investigating or prosecuting a specific individual for a specific violation of law, (iii) licensed practitioners or pharmacists, or their agents, for the purpose of providing patient care and drug therapy management and monitoring of drugs obtained by a patient, (iv) a pharmaceutical processor or cannabis dispensing facility involved in the treatment of a patient, or (v) a patient’s registered agent, but only with respect to information related to such patient.","order_by":null,"text":{"0":{"id":232761,"text":"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 audiovisual technology. No practitioner may issue a written certification while such practitioner is on the premises of a pharmaceutical processor or cannabis dispensing facility. A pharmaceutical processor shall not endorse or promote any practitioner who issues certifications to patients. 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. A practitioner who issues written certifications shall not directly or indirectly accept, solicit, or receive anything of value from a pharmaceutical processor, cannabis dispensing facility, or any person associated with a pharmaceutical processor, cannabis dispensing facility, or provider of paraphernalia, excluding information on products or educational materials on the benefits and risks of cannabis products.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":232762,"text":"The written certification shall be on a form provided by the Authority. 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 A shall expire 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.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":232763,"text":"No practitioner shall be prosecuted under § 18.2-248 or 18.2-248.1 for the issuance of a certification for the use of cannabis products for the treatment or to alleviate the symptoms of a patient’s diagnosed condition or disease pursuant to a written certification issued pursuant to subsection A. Nothing in this section shall preclude a practitioner’s professional licensing board from sanctioning the practitioner for failing to properly evaluate or treat a patient’s medical condition or otherwise violating the applicable standard of care for evaluating or treating medical conditions.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"3":{"id":232764,"text":"A practitioner who issues a written certification to a patient pursuant to this section (i) shall hold sufficient education and training to exercise appropriate professional judgment in the certification of patients; (ii) shall not offer a discount or any other thing of value to a patient or a patient’s parent, guardian, or registered agent that is contingent on or encourages the person’s decision to use a particular pharmaceutical processor or cannabis product; (iii) shall not issue a certification to himself or his family members, employees, or coworkers; (iv) shall not provide product samples containing cannabis other than those approved by the U.S. Food and Drug Administration; and (v) shall not accept compensation from a pharmaceutical processor or cannabis dispensing facility. The Board shall not limit the number of patients to whom a practitioner may issue a written certification. The Board may report information to the applicable licensing board on unusual patterns of certifications issued by a practitioner.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C","next_prefix":"E"},"4":{"id":232765,"text":"No patient shall be required to physically present the written certification after the initial dispensing by any pharmaceutical processor or cannabis dispensing facility under each written certification, provided that the pharmaceutical processor or cannabis dispensing facility maintains an electronic copy of the written certification. Pharmaceutical processors and cannabis dispensing facilities shall electronically transmit on a monthly basis all new written certifications received by the pharmaceutical processor or cannabis dispensing facility to the Authority.","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D","next_prefix":"F"},"5":{"id":232766,"text":"A patient, or, if such patient is a minor or a vulnerable adult as defined in § 18.2-369, such patient’s parent or legal guardian, may designate an individual to act as his registered agent for the purposes of receiving cannabis products pursuant to a valid written certification. Such designated individual shall register with the Board unless the individual’s name listed on the patient’s written certification. An individual may, on the basis of medical need and in the discretion of the patient’s registered practitioner, be listed on the patient’s written certification upon the patient’s request. The Board may set a limit on the number of patients for whom any individual is authorized to act as a registered agent.","type":"section","prefixes":["F"],"prefix":"F","entire_prefix":"F","prefix_anchor":"F","level":1,"prior_prefix":"E","next_prefix":"G"},"6":{"id":232767,"text":"Upon delivery of a cannabis product by a pharmaceutical processor or cannabis dispensing facility to a designated caregiver facility, any employee or contractor of a designated caregiver facility who is licensed or registered by a health regulatory board and who is authorized to possess, distribute, or administer medications may accept delivery of the cannabis product on behalf of a patient or resident for subsequent delivery to the patient or resident and may assist in the administration of the cannabis product to the patient or resident as necessary.","type":"section","prefixes":["G"],"prefix":"G","entire_prefix":"G","prefix_anchor":"G","level":1,"prior_prefix":"F","next_prefix":"H"},"7":{"id":232768,"text":"Information obtained under the patient certification or agent registration process shall be confidential and shall not be subject to the disclosure provisions of the Virginia Freedom of Information Act (§ 2.2-3700 et seq.). However, reasonable access to registry information shall be provided to (i) the Chairmen of the House and Senate Committees for Courts of Justice, (ii) state and federal agencies or local law enforcement for the purpose of investigating or prosecuting a specific individual for a specific violation of law, (iii) licensed practitioners or pharmacists, or their agents, for the purpose of providing patient care and drug therapy management and monitoring of drugs obtained by a patient, (iv) a pharmaceutical processor or cannabis dispensing facility involved in the treatment of a patient, or (v) a patient’s registered agent, but only with respect to information related to such patient.","type":"section","prefixes":["H"],"prefix":"H","entire_prefix":"H","prefix_anchor":"H","level":1,"prior_prefix":"G"}},"ancestry":[{"id":14131,"edition_id":1,"name":"Medical Cannabis Program","identifier":"16","label":"chapter","depth":3,"order_by":1,"parent_id":13297,"metadata":{},"date_created":"2026-06-26 03:46:58","date_modified":"2026-06-26 03:46:58","permalink":{"id":219541,"object_type":"structure","relational_id":14131,"identifier":"16","token":"4.1\/II\/16","url":"\/4.1\/II\/16\/","edition_id":1,"permalink":0,"preferred":1}},{"id":13297,"edition_id":1,"name":"Cannabis Control Act","identifier":"II","label":"subtitle","depth":2,"order_by":1,"parent_id":13129,"metadata":{},"date_created":"2026-06-26 03:44:35","date_modified":"2026-06-26 03:44:35","permalink":{"id":219415,"object_type":"structure","relational_id":13297,"identifier":"II","token":"4.1\/II","url":"\/4.1\/II\/","edition_id":1,"permalink":0,"preferred":1}},{"id":13129,"edition_id":1,"name":"Alcoholic Beverage and Cannabis Control","identifier":"4.1","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:44:19","date_modified":"2026-06-26 03:44:19","permalink":{"id":218569,"object_type":"structure","relational_id":13129,"identifier":"4.1","token":"4.1","url":"\/4.1\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":58467,"structure_id":14131,"section_number":"4.1-1600","catch_line":"Definitions","url":"\/4.1-1600\/","token":"4.1\/II\/16\/4.1-1600","metadata":false},{"id":63911,"structure_id":14131,"section_number":"4.1-1601","catch_line":"Certification for use of cannabis for treatment","url":"\/4.1-1601\/","token":"4.1\/II\/16\/4.1-1601","metadata":false},{"id":64137,"structure_id":14131,"section_number":"4.1-1602","catch_line":"Permit to operate pharmaceutical processor or cannabis dispensing facility","url":"\/4.1-1602\/","token":"4.1\/II\/16\/4.1-1602","metadata":false},{"id":63491,"structure_id":14131,"section_number":"4.1-1603","catch_line":"Dispensing cannabis products; report","url":"\/4.1-1603\/","token":"4.1\/II\/16\/4.1-1603","metadata":false},{"id":80608,"structure_id":14131,"section_number":"4.1-1603.1","catch_line":"Packaging and labeling; corrections; records","url":"\/4.1-1603.1\/","token":"4.1\/II\/16\/4.1-1603.1","metadata":false},{"id":56049,"structure_id":14131,"section_number":"4.1-1603.2","catch_line":"Cannabis product registration; approval, deviation, and modification","url":"\/4.1-1603.2\/","token":"4.1\/II\/16\/4.1-1603.2","metadata":false},{"id":60948,"structure_id":14131,"section_number":"4.1-1603.3","catch_line":"Advertising and marketing","url":"\/4.1-1603.3\/","token":"4.1\/II\/16\/4.1-1603.3","metadata":false},{"id":55273,"structure_id":14131,"section_number":"4.1-1604","catch_line":"Criminal liability; exceptions","url":"\/4.1-1604\/","token":"4.1\/II\/16\/4.1-1604","metadata":false},{"id":78315,"structure_id":14131,"section_number":"4.1-1605","catch_line":"Summary suspensions and restrictions","url":"\/4.1-1605\/","token":"4.1\/II\/16\/4.1-1605","metadata":false},{"id":65086,"structure_id":14131,"section_number":"4.1-1606","catch_line":"Confidentiality of reports, information, and records; penalty","url":"\/4.1-1606\/","token":"4.1\/II\/16\/4.1-1606","metadata":false}],"previous_section":{"id":58467,"structure_id":14131,"section_number":"4.1-1600","catch_line":"Definitions","url":"\/4.1-1600\/","token":"4.1\/II\/16\/4.1-1600","metadata":false},"next_section":{"id":64137,"structure_id":14131,"section_number":"4.1-1602","catch_line":"Permit to operate pharmaceutical processor or cannabis dispensing facility","url":"\/4.1-1602\/","token":"4.1\/II\/16\/4.1-1602","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/4.1-1601\/","history_text":"

This law was first created in 2023. The record of its establishment is cataloged in chapters 740<\/a>, 760<\/a>, 773<\/a>, 780<\/a>, and 799<\/a> of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year.<\/p>","references":[{"id":58050,"section_number":"18.2-251.1:1","catch_line":"Possession or distribution of cannabis oil; public schools","order_by":null,"url":"\/18.2-251.1_1\/"},{"id":56326,"section_number":"18.2-251.1:2","catch_line":"Possession or distribution of cannabis oil; nursing homes and certified nursing facilities; hospice and hospice facilities; assisted living facilities","order_by":null,"url":"\/18.2-251.1_2\/"},{"id":87441,"section_number":"22.1-277","catch_line":"Suspensions and expulsions of students generally","order_by":null,"url":"\/22.1-277\/"},{"id":85883,"section_number":"32.1-127","catch_line":"(Effective January 1, 2026) Regulations","order_by":null,"url":"\/32.1-127\/"},{"id":57388,"section_number":"32.1-162.6:1","catch_line":"Possession or administration of cannabis oil","order_by":null,"url":"\/32.1-162.6_1\/"},{"id":58467,"section_number":"4.1-1600","catch_line":"Definitions","order_by":null,"url":"\/4.1-1600\/"},{"id":55736,"section_number":"46.2-341.20:7","catch_line":"Possession of marijuana in commercial motor vehicle unlawful; civil penalty","order_by":null,"url":"\/46.2-341.20_7\/"},{"id":72705,"section_number":"54.1-2522.1","catch_line":"(Effective July 1, 2027) Requirements of practitioners","order_by":null,"url":"\/54.1-2522.1\/"},{"id":66341,"section_number":"54.1-3408.3","catch_line":"Certification for use of cannabis for treatment","order_by":null,"url":"\/54.1-3408.3\/"},{"id":54231,"section_number":"63.2-1803.01","catch_line":"Possession or administration of cannabis oil","order_by":null,"url":"\/63.2-1803.01\/"}],"refers_to":[{"id":68693,"section_number":"18.2-248","catch_line":"Manufacturing, selling, giving, distributing, or possessing with intent to manufacture, sell, give, or distribute a controlled substance or an imitation controlled substance prohibited; penalties","order_by":null,"url":"\/18.2-248\/"},{"id":60632,"section_number":"18.2-248.1","catch_line":"Penalties for sale, gift, distribution or possession with intent to sell, give or distribute marijuana","order_by":null,"url":"\/18.2-248.1\/"},{"id":70553,"section_number":"18.2-369","catch_line":"Abuse and neglect of vulnerable adults; penalties","order_by":null,"url":"\/18.2-369\/"},{"id":55569,"section_number":"2.2-3700","catch_line":"Short title; policy","order_by":null,"url":"\/2.2-3700\/"}],"permalink":{"id":219547,"object_type":"law","relational_id":63911,"identifier":"4.1-1601","token":"4.1\/II\/16\/4.1-1601","url":"\/4.1-1601\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/4.1-1601\/","token":"4.1\/II\/16\/4.1-1601","dublin_core":{"Title":"Certification for use of cannabis for treatment","Type":"Text","Format":"text\/html","Identifier":"\u00a7 4.1-1601","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> A practitioner<\/span> in the course of his professional practice may issue<\/span> a written certification for the use of cannabis products<\/span> for treatment or to alleviate the symptoms of any diagnosed condition or disease determined by the practitioner<\/span> to benefit from such use. The practitioner<\/span> shall use his professional judgment<\/span> 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 audiovisual technology. No practitioner<\/span> may issue<\/span> a written certification while such practitioner<\/span> is on the premises of a pharmaceutical processor<\/span> or cannabis dispensing facility<\/span>. A pharmaceutical processor<\/span> shall not endorse or promote any practitioner<\/span> who issues<\/span> certifications to patients. If a practitioner<\/span> determines it is consistent with the standard of care to dispense<\/span> botanical cannabis<\/span> to a minor<\/span>, the written certification shall specifically authorize such dispensing. If not specifically included on the initial written certification, authorization for botanical cannabis<\/span> may be communicated verbally or in writing to the pharmacist<\/span> at the time of dispensing. A practitioner<\/span> who issues<\/span> written certifications shall not directly or indirectly accept, solicit, or receive anything of value from a pharmaceutical processor<\/span>, cannabis dispensing facility<\/span>, or any person associated with a pharmaceutical processor<\/span>, cannabis dispensing facility<\/span>, or provider of paraphernalia, excluding information on products or educational materials<\/span> on the benefits and risks of cannabis products<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> The written certification shall be on a form provided by the Authority<\/span>. Such written certification shall contain the name, address, and telephone number of the practitioner<\/span>, 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<\/span>. Such written certification issued pursuant to subsection A shall expire one year after its issuance unless the practitioner<\/span> provides in such written certification an earlier expiration. A written certification shall not be issued to a patient by more than one practitioner<\/span> during any given time period. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> No practitioner<\/span> shall be prosecuted under § 18.2-248<\/a> or 18.2-248.1<\/a> for the issuance of a certification for the use of cannabis products<\/span> for the treatment or to alleviate the symptoms of a patient’s diagnosed condition or disease pursuant to a written certification issued pursuant to subsection A. Nothing in this section shall preclude a practitioner<\/span>’s professional licensing board<\/span> from sanctioning the practitioner<\/span> for failing to properly evaluate or treat a patient’s medical condition or otherwise violating the applicable standard of care for evaluating or treating medical conditions. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> A practitioner<\/span> who issues<\/span> a written certification to a patient pursuant to this section (i) shall hold sufficient education and training to exercise appropriate professional judgment<\/span> in the certification of patients; (ii) shall not offer a discount or any other thing of value to a patient or a patient’s parent, guardian, or registered agent<\/span> that is contingent on or encourages the person’s decision to use a particular pharmaceutical processor<\/span> or cannabis product<\/span>; (iii) shall not issue<\/span> a certification to himself or his family members, employees, or coworkers; (iv) shall not provide product samples containing cannabis other than those approved by the U.S. Food and Drug Administration; and (v) shall not accept compensation from a pharmaceutical processor<\/span> or cannabis dispensing facility<\/span>. The Board<\/span> shall not limit the number of patients to whom a practitioner<\/span> may issue<\/span> a written certification. The Board<\/span> may report information to the applicable licensing board<\/span> on unusual patterns of certifications issued by a practitioner<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

E.<\/span> No patient shall be required to physically present the written certification after the initial dispensing by any pharmaceutical processor<\/span> or cannabis dispensing facility<\/span> under each written certification, provided that the pharmaceutical processor<\/span> or cannabis dispensing facility<\/span> maintains an electronic copy of the written certification. Pharmaceutical processors<\/span> and cannabis dispensing facilities shall electronically transmit on a monthly basis all new written certifications received by the pharmaceutical processor<\/span> or cannabis dispensing facility<\/span> to the Authority<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

F.<\/span> A patient, or, if such patient is a minor<\/span> or a vulnerable adult as defined in § 18.2-369<\/a>, such patient’s parent or legal guardian, may designate an individual to act as his registered agent<\/span> for the purposes of receiving cannabis products<\/span> pursuant to a valid written certification. Such designated individual shall register with the Board<\/span> unless the individual’s name listed on the patient’s written certification. An individual may, on the basis of medical need and in the discretion of the patient’s registered practitioner<\/span>, be listed on the patient’s written certification upon the patient’s request. The Board<\/span> may set a limit on the number of patients for whom any individual is authorized to act as a registered agent<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

G.<\/span> Upon delivery of a cannabis product<\/span> by a pharmaceutical processor<\/span> or cannabis dispensing facility<\/span> to a designated caregiver facility<\/span>, any employee or contractor of a designated caregiver facility<\/span> who is licensed<\/span> or registered by a health regulatory board<\/span> and who is authorized to possess, distribute, or administer medications may accept delivery of the cannabis product<\/span> on behalf of a patient or resident for subsequent delivery to the patient or resident and may assist in the administration of the cannabis product<\/span> to the patient or resident as necessary. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

H.<\/span> Information obtained under the patient certification or agent registration process shall be confidential and shall not be subject to the disclosure provisions of the Virginia Freedom of Information Act (§ 2.2-3700<\/a> et seq.). However, reasonable access to registry information shall be provided to (i) the Chairmen of the House and Senate Committees for Courts<\/span> of Justice, (ii) state and federal agencies or local law<\/span> enforcement for the purpose of investigating or prosecuting a specific individual for a specific violation of law<\/span>, (iii) licensed<\/span> practitioners<\/span> or pharmacists<\/span>, or their agents, for the purpose of providing patient care and drug therapy management and monitoring of drugs obtained by a patient, (iv) a pharmaceutical processor<\/span> or cannabis dispensing facility<\/span> involved in the treatment of a patient, or (v) a patient’s registered agent<\/span>, but only with respect to information related to such patient. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nCERTIFICATION FOR USE OF CANNABIS FOR TREATMENT (\u00a7 4.1-1601)\n\nA. A practitioner in the course of his professional practice may issue a written\ncertification for the use of cannabis products for treatment or to alleviate the\nsymptoms of any diagnosed condition or disease determined by the practitioner to\nbenefit from such use. The practitioner shall use his professional judgment to\ndetermine the manner and frequency of patient care and evaluation and may employ\nthe use of telemedicine, provided that the use of telemedicine includes the\ndelivery of patient care through real-time interactive audiovisual technology.\nNo practitioner may issue a written certification while such practitioner is on\nthe premises of a pharmaceutical processor or cannabis dispensing facility. A\npharmaceutical processor shall not endorse or promote any practitioner who\nissues certifications to patients. If a practitioner determines it is consistent\nwith the standard of care to dispense botanical cannabis to a minor, the written\ncertification shall specifically authorize such dispensing. If not specifically\nincluded on the initial written certification, authorization for botanical\ncannabis may be communicated verbally or in writing to the pharmacist at the\ntime of dispensing. A practitioner who issues written certifications shall not\ndirectly or indirectly accept, solicit, or receive anything of value from a\npharmaceutical processor, cannabis dispensing facility, or any person associated\nwith a pharmaceutical processor, cannabis dispensing facility, or provider of\nparaphernalia, excluding information on products or educational materials on the\nbenefits and risks of cannabis products.\n\nB. The written certification shall be on a form provided by the Authority. Such\nwritten certification shall contain the name, address, and telephone number of\nthe practitioner, the name and address of the patient issued the written\ncertification, the date on which the written certification was made, and the\nsignature or authentic electronic signature of the practitioner. Such written\ncertification issued pursuant to subsection A shall expire one year after its\nissuance unless the practitioner provides in such written certification an\nearlier expiration. A written certification shall not be issued to a patient by\nmore than one practitioner during any given time period.\n\nC. No practitioner shall be prosecuted under § 18.2-248 or 18.2-248.1 for\nthe issuance of a certification for the use of cannabis products for the\ntreatment or to alleviate the symptoms of a patient’s diagnosed condition\nor disease pursuant to a written certification issued pursuant to subsection A.\nNothing in this section shall preclude a practitioner’s professional\nlicensing board from sanctioning the practitioner for failing to properly\nevaluate or treat a patient’s medical condition or otherwise violating the\napplicable standard of care for evaluating or treating medical conditions.\n\nD. A practitioner who issues a written certification to a patient pursuant to\nthis section (i) shall hold sufficient education and training to exercise\nappropriate professional judgment in the certification of patients; (ii) shall\nnot offer a discount or any other thing of value to a patient or a\npatient’s parent, guardian, or registered agent that is contingent on or\nencourages the person’s decision to use a particular pharmaceutical\nprocessor or cannabis product; (iii) shall not issue a certification to himself\nor his family members, employees, or coworkers; (iv) shall not provide product\nsamples containing cannabis other than those approved by the U.S. Food and Drug\nAdministration; and (v) shall not accept compensation from a pharmaceutical\nprocessor or cannabis dispensing facility. The Board shall not limit the number\nof patients to whom a practitioner may issue a written certification. The Board\nmay report information to the applicable licensing board on unusual patterns of\ncertifications issued by a practitioner.\n\nE. No patient shall be required to physically present the written certification\nafter the initial dispensing by any pharmaceutical processor or cannabis\ndispensing facility under each written certification, provided that the\npharmaceutical processor or cannabis dispensing facility maintains an electronic\ncopy of the written certification. Pharmaceutical processors and cannabis\ndispensing facilities shall electronically transmit on a monthly basis all new\nwritten certifications received by the pharmaceutical processor or cannabis\ndispensing facility to the Authority.\n\nF. A patient, or, if such patient is a minor or a vulnerable adult as defined in\n§ 18.2-369, such patient’s parent or legal guardian, may designate an\nindividual to act as his registered agent for the purposes of receiving cannabis\nproducts pursuant to a valid written certification. Such designated individual\nshall register with the Board unless the individual’s name listed on the\npatient’s written certification. An individual may, on the basis of\nmedical need and in the discretion of the patient’s registered\npractitioner, be listed on the patient’s written certification upon the\npatient’s request. The Board may set a limit on the number of patients for\nwhom any individual is authorized to act as a registered agent.\n\nG. Upon delivery of a cannabis product by a pharmaceutical processor or cannabis\ndispensing facility to a designated caregiver facility, any employee or\ncontractor of a designated caregiver facility who is licensed or registered by a\nhealth regulatory board and who is authorized to possess, distribute, or\nadminister medications may accept delivery of the cannabis product on behalf of\na patient or resident for subsequent delivery to the patient or resident and may\nassist in the administration of the cannabis product to the patient or resident\nas necessary.\n\nH. Information obtained under the patient certification or agent registration\nprocess shall be confidential and shall not be subject to the disclosure\nprovisions of the Virginia Freedom of Information Act (§ 2.2-3700 et seq.).\nHowever, reasonable access to registry information shall be provided to (i) the\nChairmen of the House and Senate Committees for Courts of Justice, (ii) state\nand federal agencies or local law enforcement for the purpose of investigating\nor prosecuting a specific individual for a specific violation of law, (iii)\nlicensed practitioners or pharmacists, or their agents, for the purpose of\nproviding patient care and drug therapy management and monitoring of drugs\nobtained by a patient, (iv) a pharmaceutical processor or cannabis dispensing\nfacility involved in the treatment of a patient, or (v) a patient’s\nregistered agent, but only with respect to information related to such patient.\n\nHISTORY: 2023, cc. 740, 760, 773, 780, 799.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}