{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/4.1-1602.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/4.1-1602.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/4.1-1602.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/4.1-1602.html"}],"law_id":64137,"edition_id":1,"section_id":64137,"structure_id":14131,"section_number":"4.1-1602","catch_line":"Permit to operate pharmaceutical processor or cannabis dispensing facility","history":"2023, cc. 740, 744, 760, 773, 780, 794, 799, 812; 2024, c. 732.","full_text":"A\n\nNo person shall operate a pharmaceutical processor or a cannabis dispensing facility without first obtaining a permit from the Board. The application for such permit shall be made on a form provided by the Authority and signed by a pharmacist who will be in full and actual charge of the pharmaceutical processor’s dispensing area or cannabis dispensing facility. The Board shall establish an application fee and other general requirements for such application.B\n\nEach permit shall expire annually on a date determined by the Board in regulation. The number of permits that the Board may issue or renew in any year is limited to one pharmaceutical processor and up to five cannabis dispensing facilities for each health service area established by the Board of Health. Permits shall be displayed in a conspicuous place on the premises of the pharmaceutical processor and cannabis dispensing facility.C\n\nThe Board shall adopt regulations establishing health, safety, and security requirements for pharmaceutical processors and cannabis dispensing facilities. Such regulations shall include requirements for (i) physical standards; (ii) location restrictions; (iii) security systems and controls; (iv) minimum equipment and resources; (v) recordkeeping; (vi) labeling and packaging; (vii) routine inspections no more frequently than once annually; (viii) processes for safely and securely dispensing and delivering in person cannabis products to a patient, his registered agent, or, if such patient is a minor or a vulnerable adult as defined in § 18.2-369, such patient’s parent or legal guardian; (ix) dosage limitations for cannabis products that provide that each dispensed dose of a cannabis product not exceed 10 milligrams of total tetrahydrocannabinol, except as permitted under § 4.1-1603.2; (x) a process for the wholesale distribution of and the transfer of usable cannabis, botanical cannabis, cannabis oil, and cannabis products between pharmaceutical processors, between a pharmaceutical processor and a cannabis dispensing facility, and between cannabis dispensing facilities; (xi) an allowance for the sale of devices for administration of dispensed cannabis products and hemp-based CBD products that meet the applicable standards set forth in state and federal law, including the laboratory testing standards set forth in subsection N; (xii) an allowance for the use and distribution of inert product samples containing no cannabinoids for patient demonstration exclusively at the pharmaceutical processor or cannabis dispensing facility, and not for further distribution or sale, without the need for a written certification; (xiii) a process for acquiring industrial hemp extracts and formulating such extracts into cannabis products; and (xiv) an allowance for the advertising and promotion of the pharmaceutical processor’s products and operations, which shall not limit the pharmaceutical processor from the provision of educational material to practitioners who issue written certifications and patients. The Board shall also adopt regulations for pharmaceutical processors that include requirements for (a) processes for safely and securely cultivating cannabis plants intended for producing cannabis products, (b) the disposal of agricultural waste, and (c) a process for registering cannabis products.D\n\nThe Board shall require pharmaceutical processors, after processing and before dispensing any cannabis products, to make a sample available from each batch of cannabis product for testing by an independent laboratory that is located in Commonwealth and meets Board requirements. A valid sample size for testing shall be determined by each laboratory and may vary due to sample matrix, analytical method, and laboratory-specific procedures. A minimum sample size of 0.5 percent of individual units for dispensing or distribution from each homogenized batch of cannabis oil is required to achieve a representative cannabis oil sample for analysis. A minimum sample size, to be determined by the certified testing laboratory, from each batch of botanical cannabis is required to achieve a representative botanical cannabis sample for analysis. Botanical cannabis products shall only be tested for the following: total cannabidiol (CBD), total tetrahydrocannabinol (THC), terpenes, pesticide chemical residue, heavy metals, mycotoxins, moisture, and microbiological contaminants. Testing thresholds shall be consistent with generally accepted cannabis industry thresholds. The pharmaceutical processor may remediate botanical cannabis or cannabis oil that fails any quality testing standard except pesticides. Following remediation, all remediated botanical cannabis or cannabis oil shall be subject to laboratory testing, which shall not be more stringent than initial testing prior to remediation. Remediated botanical cannabis or cannabis oil that passes such quality testing may be packaged and labeled. If a batch of botanical cannabis fails retesting after remediation, it shall be considered usable cannabis and may be processed into cannabis oil. Stability testing shall not be required for any cannabis product with an expiration date assigned by the pharmaceutical processor of 12 months or less from the date of the cannabis product registration approval. Stability testing required for assignment of an expiration date longer than 12 months shall be limited to microbial testing, on a pass\/fail basis, and potency testing, on a 15 percent deviation basis, of total THC and total CBD. No cannabis product shall have an expiration date longer than 12 months from the date of the cannabis product registration approval unless supported by stability testing.E\n\nA laboratory testing samples for a pharmaceutical processor shall obtain a controlled substances registration certificate pursuant to § 54.1-3423 and shall comply with quality standards established by the Board of Pharmacy in regulation.F\n\nEvery pharmaceutical processor’s dispensing area or cannabis dispensing facility shall be under the personal supervision of a licensed pharmacist on the premises of the pharmaceutical processor or cannabis dispensing facility unless all cannabis products are contained in a vault or other similar container to which only the pharmacist has access controls. The pharmaceutical processor shall ensure that security measures are adequate to protect the cannabis from diversion at all times, and the pharmacist-in-charge shall have concurrent responsibility for preventing diversion from the dispensing area.\n\t\t\tEvery pharmaceutical processor shall designate a person who shall have oversight of the cultivation and production areas of the pharmaceutical processor and shall provide such information to the Board. The Board shall direct all communications related to enforcement of requirements related to cultivation and production of cannabis and cannabis products by the pharmaceutical processor to such designated person.G\n\nThe Board shall require the material owners of an applicant for a pharmaceutical processor or cannabis dispensing facility permit to submit to fingerprinting and provide personal descriptive information to be forwarded along with his fingerprints through the Central Criminal Records Exchange to the Federal Bureau of Investigation for the purpose of obtaining criminal history record information regarding the applicant’s material owners. The cost of fingerprinting and the criminal history record search shall be paid by the applicant. The Central Criminal Records Exchange shall forward the results of the criminal history background check to the Board or its designee, which shall be a governmental entity.H\n\nA pharmaceutical processor shall maintain evidence of criminal background checks for all employees and delivery agents of the pharmaceutical processor. Criminal background checks of employees and delivery agents may be conducted by any service sufficient to disclose any federal and state criminal convictions.I\n\nIn addition to other employees authorized by the Board, a pharmaceutical processor may employ individuals who may have less than one year of experience (i) to perform cultivation-related duties under the supervision of an individual who has received a degree in a field related to the cultivation of plants or a certification recognized by the Board or who has at least one year of experience cultivating plants, (ii) to perform extraction-related duties under the supervision of an individual who has a degree in chemistry or pharmacology or at least one year of experience extracting chemicals from plants, (iii) to perform duties at the pharmaceutical processor and cannabis dispensing facility upon certification as a pharmacy technician, and (iv) to serve as pharmacy technician trainees.J\n\nA pharmaceutical processor to whom a permit has been issued by the Board may (i) establish up to five cannabis dispensing facilities, subject to the permit requirement set forth in subsection B, for the dispensing of cannabis products that have been cultivated and produced on the premises of a pharmaceutical processor permitted by the Board and (ii) establish, if authorized by the Board, one additional location at which the pharmaceutical processor may cultivate cannabis plants. Each cannabis dispensing facility and the additional cultivation location shall be located within the same health service area as the pharmaceutical processor.K\n\nNo person who has been convicted of a felony under the laws of the Commonwealth or another jurisdiction within the last five years shall be employed by or act as an agent of a pharmaceutical processor or cannabis dispensing facility.L\n\nEvery pharmaceutical processor or cannabis dispensing facility shall adopt policies for pre-employment drug screening and regular, ongoing, random drug screening of employees.M\n\nA pharmacist at the pharmaceutical processor’s dispensing area and the cannabis dispensing facility shall determine the number of pharmacy interns, pharmacy technicians, and pharmacy technician trainees who can be safely and competently supervised at one time; however, no pharmacist shall supervise more than six persons performing the duties of a pharmacy technician at one time in the pharmaceutical processor’s dispensing area or cannabis dispensing facility.N\n\nA pharmaceutical processor may acquire from a registered industrial hemp handler or processor industrial hemp extracts that (i) are grown and processed in Virginia in compliance with state or federal law, and (ii) notwithstanding the tetrahydrocannabinol limits set forth in the definition of “industrial hemp extract” in § 3.2-5145.1, contain a total tetrahydrocannabinol concentration of no greater than 0.3 percent. A pharmaceutical processor may process and formulate such extracts into an allowable dosage of cannabis product. Industrial hemp extracts acquired and formulated by a pharmaceutical processor are subject to the same third-party testing requirements that may apply to cannabis plant extract. Testing shall be performed by a laboratory located in Virginia and in compliance with state law governing the testing of cannabis products. The industrial hemp handler or processor shall provide such third-party testing results to the pharmaceutical processor before industrial hemp extracts may be acquired.O\n\nProduct labels for all cannabis products and botanical cannabis shall be complete, accurate, easily discernable, and uniform among different products and brands. Pharmaceutical processors shall affix to all cannabis products and botanical cannabis a label, which shall also be accessible on the pharmaceutical processor’s website, that includes:1\n\nThe product name;2\n\nAll active and inactive ingredients, including cannabinoids, terpenes, additives, preservatives, flavorings, sweeteners, and carrier oils;3\n\nThe total percentage and milligrams of tetrahydrocannabinol and cannabidiol included in the product and the number of milligrams of tetrahydrocannabinol and cannabidiol in each serving;4\n\nThe amount of product that constitutes a single serving and the amount recommended for use by the practitioner or dispensing pharmacist;5\n\nInformation regarding the product’s purpose and detailed usage directions;6\n\nChild and safety warnings in a conspicuous font; and7\n\nSuch other information required by the Board.P\n\nA pharmaceutical processor or cannabis dispensing facility shall maintain an adequate supply of cannabis products that (i) contain cannabidiol as their primary cannabinoid and (ii) have low levels of or no tetrahydrocannabinol.Q\n\nWith the exception of § 2.2-4031, neither the provisions of the Administrative Process Act (§ 2.2-4000 et seq.) nor public participation guidelines adopted pursuant thereto shall apply to the adoption of any regulation pursuant to this section. Prior to adopting any regulation pursuant to this section, the Board shall publish a notice of opportunity to comment in the Virginia Register of Regulations and post the action on the Virginia Regulatory Town Hall. Such notice of opportunity to comment shall contain (i) a summary of the proposed regulation; (ii) the text of the proposed regulation; and (iii) the name, address, and telephone number of the agency contact person responsible for receiving public comments. Such notice shall be made at least 60 days in advance of the last date prescribed in such notice for submittals of public comment. The legislative review provisions of subsections A and B of § 2.2-4014 shall apply to the promulgation or final adoption process for regulations pursuant to this section. The Board shall consider and keep on file all public comments received for any regulation adopted pursuant to this section.","order_by":null,"text":{"0":{"id":233499,"text":"No person shall operate a pharmaceutical processor or a cannabis dispensing facility without first obtaining a permit from the Board. The application for such permit shall be made on a form provided by the Authority and signed by a pharmacist who will be in full and actual charge of the pharmaceutical processor’s dispensing area or cannabis dispensing facility. The Board shall establish an application fee and other general requirements for such application.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":233500,"text":"Each permit shall expire annually on a date determined by the Board in regulation. The number of permits that the Board may issue or renew in any year is limited to one pharmaceutical processor and up to five cannabis dispensing facilities for each health service area established by the Board of Health. Permits shall be displayed in a conspicuous place on the premises of the pharmaceutical processor and cannabis dispensing facility.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":233501,"text":"The Board shall adopt regulations establishing health, safety, and security requirements for pharmaceutical processors and cannabis dispensing facilities. Such regulations shall include requirements for (i) physical standards; (ii) location restrictions; (iii) security systems and controls; (iv) minimum equipment and resources; (v) recordkeeping; (vi) labeling and packaging; (vii) routine inspections no more frequently than once annually; (viii) processes for safely and securely dispensing and delivering in person cannabis products to a patient, his registered agent, or, if such patient is a minor or a vulnerable adult as defined in § 18.2-369, such patient’s parent or legal guardian; (ix) dosage limitations for cannabis products that provide that each dispensed dose of a cannabis product not exceed 10 milligrams of total tetrahydrocannabinol, except as permitted under § 4.1-1603.2; (x) a process for the wholesale distribution of and the transfer of usable cannabis, botanical cannabis, cannabis oil, and cannabis products between pharmaceutical processors, between a pharmaceutical processor and a cannabis dispensing facility, and between cannabis dispensing facilities; (xi) an allowance for the sale of devices for administration of dispensed cannabis products and hemp-based CBD products that meet the applicable standards set forth in state and federal law, including the laboratory testing standards set forth in subsection N; (xii) an allowance for the use and distribution of inert product samples containing no cannabinoids for patient demonstration exclusively at the pharmaceutical processor or cannabis dispensing facility, and not for further distribution or sale, without the need for a written certification; (xiii) a process for acquiring industrial hemp extracts and formulating such extracts into cannabis products; and (xiv) an allowance for the advertising and promotion of the pharmaceutical processor’s products and operations, which shall not limit the pharmaceutical processor from the provision of educational material to practitioners who issue written certifications and patients. The Board shall also adopt regulations for pharmaceutical processors that include requirements for (a) processes for safely and securely cultivating cannabis plants intended for producing cannabis products, (b) the disposal of agricultural waste, and (c) a process for registering cannabis products.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"3":{"id":233502,"text":"The Board shall require pharmaceutical processors, after processing and before dispensing any cannabis products, to make a sample available from each batch of cannabis product for testing by an independent laboratory that is located in Commonwealth and meets Board requirements. A valid sample size for testing shall be determined by each laboratory and may vary due to sample matrix, analytical method, and laboratory-specific procedures. A minimum sample size of 0.5 percent of individual units for dispensing or distribution from each homogenized batch of cannabis oil is required to achieve a representative cannabis oil sample for analysis. A minimum sample size, to be determined by the certified testing laboratory, from each batch of botanical cannabis is required to achieve a representative botanical cannabis sample for analysis. Botanical cannabis products shall only be tested for the following: total cannabidiol (CBD), total tetrahydrocannabinol (THC), terpenes, pesticide chemical residue, heavy metals, mycotoxins, moisture, and microbiological contaminants. Testing thresholds shall be consistent with generally accepted cannabis industry thresholds. The pharmaceutical processor may remediate botanical cannabis or cannabis oil that fails any quality testing standard except pesticides. Following remediation, all remediated botanical cannabis or cannabis oil shall be subject to laboratory testing, which shall not be more stringent than initial testing prior to remediation. Remediated botanical cannabis or cannabis oil that passes such quality testing may be packaged and labeled. If a batch of botanical cannabis fails retesting after remediation, it shall be considered usable cannabis and may be processed into cannabis oil. Stability testing shall not be required for any cannabis product with an expiration date assigned by the pharmaceutical processor of 12 months or less from the date of the cannabis product registration approval. Stability testing required for assignment of an expiration date longer than 12 months shall be limited to microbial testing, on a pass\/fail basis, and potency testing, on a 15 percent deviation basis, of total THC and total CBD. No cannabis product shall have an expiration date longer than 12 months from the date of the cannabis product registration approval unless supported by stability testing.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C","next_prefix":"E"},"4":{"id":233503,"text":"A laboratory testing samples for a pharmaceutical processor shall obtain a controlled substances registration certificate pursuant to § 54.1-3423 and shall comply with quality standards established by the Board of Pharmacy in regulation.","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D","next_prefix":"F"},"5":{"id":233504,"text":"Every pharmaceutical processor’s dispensing area or cannabis dispensing facility shall be under the personal supervision of a licensed pharmacist on the premises of the pharmaceutical processor or cannabis dispensing facility unless all cannabis products are contained in a vault or other similar container to which only the pharmacist has access controls. The pharmaceutical processor shall ensure that security measures are adequate to protect the cannabis from diversion at all times, and the pharmacist-in-charge shall have concurrent responsibility for preventing diversion from the dispensing area.\n\t\t\tEvery pharmaceutical processor shall designate a person who shall have oversight of the cultivation and production areas of the pharmaceutical processor and shall provide such information to the Board. The Board shall direct all communications related to enforcement of requirements related to cultivation and production of cannabis and cannabis products by the pharmaceutical processor to such designated person.","type":"section","prefixes":["F"],"prefix":"F","entire_prefix":"F","prefix_anchor":"F","level":1,"prior_prefix":"E","next_prefix":"G"},"6":{"id":233505,"text":"The Board shall require the material owners of an applicant for a pharmaceutical processor or cannabis dispensing facility permit to submit to fingerprinting and provide personal descriptive information to be forwarded along with his fingerprints through the Central Criminal Records Exchange to the Federal Bureau of Investigation for the purpose of obtaining criminal history record information regarding the applicant’s material owners. The cost of fingerprinting and the criminal history record search shall be paid by the applicant. The Central Criminal Records Exchange shall forward the results of the criminal history background check to the Board or its designee, which shall be a governmental entity.","type":"section","prefixes":["G"],"prefix":"G","entire_prefix":"G","prefix_anchor":"G","level":1,"prior_prefix":"F","next_prefix":"H"},"7":{"id":233506,"text":"A pharmaceutical processor shall maintain evidence of criminal background checks for all employees and delivery agents of the pharmaceutical processor. Criminal background checks of employees and delivery agents may be conducted by any service sufficient to disclose any federal and state criminal convictions.","type":"section","prefixes":["H"],"prefix":"H","entire_prefix":"H","prefix_anchor":"H","level":1,"prior_prefix":"G","next_prefix":"I"},"8":{"id":233507,"text":"In addition to other employees authorized by the Board, a pharmaceutical processor may employ individuals who may have less than one year of experience (i) to perform cultivation-related duties under the supervision of an individual who has received a degree in a field related to the cultivation of plants or a certification recognized by the Board or who has at least one year of experience cultivating plants, (ii) to perform extraction-related duties under the supervision of an individual who has a degree in chemistry or pharmacology or at least one year of experience extracting chemicals from plants, (iii) to perform duties at the pharmaceutical processor and cannabis dispensing facility upon certification as a pharmacy technician, and (iv) to serve as pharmacy technician trainees.","type":"section","prefixes":["I"],"prefix":"I","entire_prefix":"I","prefix_anchor":"I","level":1,"prior_prefix":"H","next_prefix":"J"},"9":{"id":233508,"text":"A pharmaceutical processor to whom a permit has been issued by the Board may (i) establish up to five cannabis dispensing facilities, subject to the permit requirement set forth in subsection B, for the dispensing of cannabis products that have been cultivated and produced on the premises of a pharmaceutical processor permitted by the Board and (ii) establish, if authorized by the Board, one additional location at which the pharmaceutical processor may cultivate cannabis plants. Each cannabis dispensing facility and the additional cultivation location shall be located within the same health service area as the pharmaceutical processor.","type":"section","prefixes":["J"],"prefix":"J","entire_prefix":"J","prefix_anchor":"J","level":1,"prior_prefix":"I","next_prefix":"K"},"10":{"id":233509,"text":"No person who has been convicted of a felony under the laws of the Commonwealth or another jurisdiction within the last five years shall be employed by or act as an agent of a pharmaceutical processor or cannabis dispensing facility.","type":"section","prefixes":["K"],"prefix":"K","entire_prefix":"K","prefix_anchor":"K","level":1,"prior_prefix":"J","next_prefix":"L"},"11":{"id":233510,"text":"Every pharmaceutical processor or cannabis dispensing facility shall adopt policies for pre-employment drug screening and regular, ongoing, random drug screening of employees.","type":"section","prefixes":["L"],"prefix":"L","entire_prefix":"L","prefix_anchor":"L","level":1,"prior_prefix":"K","next_prefix":"M"},"12":{"id":233511,"text":"A pharmacist at the pharmaceutical processor’s dispensing area and the cannabis dispensing facility shall determine the number of pharmacy interns, pharmacy technicians, and pharmacy technician trainees who can be safely and competently supervised at one time; however, no pharmacist shall supervise more than six persons performing the duties of a pharmacy technician at one time in the pharmaceutical processor’s dispensing area or cannabis dispensing facility.","type":"section","prefixes":["M"],"prefix":"M","entire_prefix":"M","prefix_anchor":"M","level":1,"prior_prefix":"L","next_prefix":"N"},"13":{"id":233512,"text":"A pharmaceutical processor may acquire from a registered industrial hemp handler or processor industrial hemp extracts that (i) are grown and processed in Virginia in compliance with state or federal law, and (ii) notwithstanding the tetrahydrocannabinol limits set forth in the definition of “industrial hemp extract” in § 3.2-5145.1, contain a total tetrahydrocannabinol concentration of no greater than 0.3 percent. A pharmaceutical processor may process and formulate such extracts into an allowable dosage of cannabis product. Industrial hemp extracts acquired and formulated by a pharmaceutical processor are subject to the same third-party testing requirements that may apply to cannabis plant extract. Testing shall be performed by a laboratory located in Virginia and in compliance with state law governing the testing of cannabis products. The industrial hemp handler or processor shall provide such third-party testing results to the pharmaceutical processor before industrial hemp extracts may be acquired.","type":"section","prefixes":["N"],"prefix":"N","entire_prefix":"N","prefix_anchor":"N","level":1,"prior_prefix":"M","next_prefix":"O"},"14":{"id":233513,"text":"Product labels for all cannabis products and botanical cannabis shall be complete, accurate, easily discernable, and uniform among different products and brands. Pharmaceutical processors shall affix to all cannabis products and botanical cannabis a label, which shall also be accessible on the pharmaceutical processor’s website, that includes:","type":"section","prefixes":["O"],"prefix":"O","entire_prefix":"O","prefix_anchor":"O","level":1,"prior_prefix":"N","next_prefix":"O1"},"15":{"id":233514,"text":"The product name;","type":"section","prefixes":["O","1"],"prefix":"1","entire_prefix":"O1","prefix_anchor":"O1","level":2,"prior_prefix":"O","next_prefix":"O2"},"16":{"id":233515,"text":"All active and inactive ingredients, including cannabinoids, terpenes, additives, preservatives, flavorings, sweeteners, and carrier oils;","type":"section","prefixes":["O","2"],"prefix":"2","entire_prefix":"O2","prefix_anchor":"O2","level":2,"prior_prefix":"O1","next_prefix":"O3"},"17":{"id":233516,"text":"The total percentage and milligrams of tetrahydrocannabinol and cannabidiol included in the product and the number of milligrams of tetrahydrocannabinol and cannabidiol in each serving;","type":"section","prefixes":["O","3"],"prefix":"3","entire_prefix":"O3","prefix_anchor":"O3","level":2,"prior_prefix":"O2","next_prefix":"O4"},"18":{"id":233517,"text":"The amount of product that constitutes a single serving and the amount recommended for use by the practitioner or dispensing pharmacist;","type":"section","prefixes":["O","4"],"prefix":"4","entire_prefix":"O4","prefix_anchor":"O4","level":2,"prior_prefix":"O3","next_prefix":"O5"},"19":{"id":233518,"text":"Information regarding the product’s purpose and detailed usage directions;","type":"section","prefixes":["O","5"],"prefix":"5","entire_prefix":"O5","prefix_anchor":"O5","level":2,"prior_prefix":"O4","next_prefix":"O6"},"20":{"id":233519,"text":"Child and safety warnings in a conspicuous font; and","type":"section","prefixes":["O","6"],"prefix":"6","entire_prefix":"O6","prefix_anchor":"O6","level":2,"prior_prefix":"O5","next_prefix":"O7"},"21":{"id":233520,"text":"Such other information required by the Board.","type":"section","prefixes":["O","7"],"prefix":"7","entire_prefix":"O7","prefix_anchor":"O7","level":2,"prior_prefix":"O6","next_prefix":"P"},"22":{"id":233521,"text":"A pharmaceutical processor or cannabis dispensing facility shall maintain an adequate supply of cannabis products that (i) contain cannabidiol as their primary cannabinoid and (ii) have low levels of or no tetrahydrocannabinol.","type":"section","prefixes":["P"],"prefix":"P","entire_prefix":"P","prefix_anchor":"P","level":1,"prior_prefix":"O7","next_prefix":"Q"},"23":{"id":233522,"text":"With the exception of § 2.2-4031, neither the provisions of the Administrative Process Act (§ 2.2-4000 et seq.) nor public participation guidelines adopted pursuant thereto shall apply to the adoption of any regulation pursuant to this section. Prior to adopting any regulation pursuant to this section, the Board shall publish a notice of opportunity to comment in the Virginia Register of Regulations and post the action on the Virginia Regulatory Town Hall. Such notice of opportunity to comment shall contain (i) a summary of the proposed regulation; (ii) the text of the proposed regulation; and (iii) the name, address, and telephone number of the agency contact person responsible for receiving public comments. Such notice shall be made at least 60 days in advance of the last date prescribed in such notice for submittals of public comment. The legislative review provisions of subsections A and B of § 2.2-4014 shall apply to the promulgation or final adoption process for regulations pursuant to this section. The Board shall consider and keep on file all public comments received for any regulation adopted pursuant to this section.","type":"section","prefixes":["Q"],"prefix":"Q","entire_prefix":"Q","prefix_anchor":"Q","level":1,"prior_prefix":"P"}},"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":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},"next_section":{"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},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/4.1-1602\/","history_text":"

This law was first created in 2023. The record of its establishment is cataloged in chapters 740<\/a>, 744<\/a>, 760<\/a>, 773<\/a>, 780<\/a>, 794<\/a>, 799<\/a>, and 812<\/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. It has been modified 1 time. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. That modification is as follows: in 2024, chapter 732<\/a>.<\/p>","references":[{"id":58467,"section_number":"4.1-1600","catch_line":"Definitions","order_by":null,"url":"\/4.1-1600\/"},{"id":63491,"section_number":"4.1-1603","catch_line":"Dispensing cannabis products; report","order_by":null,"url":"\/4.1-1603\/"},{"id":78315,"section_number":"4.1-1605","catch_line":"Summary suspensions and restrictions","order_by":null,"url":"\/4.1-1605\/"}],"refers_to":[{"id":70553,"section_number":"18.2-369","catch_line":"Abuse and neglect of vulnerable adults; penalties","order_by":null,"url":"\/18.2-369\/"},{"id":86911,"section_number":"2.2-4000","catch_line":"Short title; purpose","order_by":null,"url":"\/2.2-4000\/"},{"id":73052,"section_number":"2.2-4014","catch_line":"Legislative review of proposed and final regulations","order_by":null,"url":"\/2.2-4014\/"},{"id":53967,"section_number":"2.2-4031","catch_line":"Publication of Virginia Register of Regulations; exceptions; notice of public hearings of proposed regulations","order_by":null,"url":"\/2.2-4031\/"},{"id":81195,"section_number":"3.2-5145.1","catch_line":"Definitions","order_by":null,"url":"\/3.2-5145.1\/"},{"id":56049,"section_number":"4.1-1603.2","catch_line":"Cannabis product registration; approval, deviation, and modification","order_by":null,"url":"\/4.1-1603.2\/"},{"id":87135,"section_number":"54.1-3423","catch_line":"Board to issue registration unless inconsistent with public interest; authorization to conduct research; application and fees","order_by":null,"url":"\/54.1-3423\/"}],"permalink":{"id":219551,"object_type":"law","relational_id":64137,"identifier":"4.1-1602","token":"4.1\/II\/16\/4.1-1602","url":"\/4.1-1602\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/4.1-1602\/","token":"4.1\/II\/16\/4.1-1602","dublin_core":{"Title":"Permit to operate pharmaceutical processor or cannabis dispensing facility","Type":"Text","Format":"text\/html","Identifier":"\u00a7 4.1-1602","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> No person shall operate a pharmaceutical processor<\/span> or a cannabis dispensing facility<\/span> without first obtaining a permit from the Board<\/span>. The application for such permit shall be made on a form provided by the Authority<\/span> and signed by a pharmacist<\/span> who will be in full and actual charge of the pharmaceutical processor<\/span>’s dispensing area or cannabis dispensing facility<\/span>. The Board<\/span> shall establish an application fee and other general requirements for such application. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> Each permit shall expire annually on a date determined by the Board<\/span> in regulation. The number of permits that the Board<\/span> may issue<\/span> or renew in any year is limited to one pharmaceutical processor<\/span> and up to five cannabis dispensing facilities for each health service area established by the Board<\/span> of Health. Permits shall be displayed in a conspicuous place on the premises of the pharmaceutical processor<\/span> and cannabis dispensing facility<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> The Board<\/span> shall adopt regulations establishing health, safety, and security requirements for pharmaceutical processors<\/span> and cannabis dispensing facilities. Such regulations shall include requirements for (i) physical standards; (ii) location restrictions; (iii) security systems and controls; (iv) minimum equipment and resources; (v) recordkeeping; (vi) labeling and packaging; (vii) routine inspections no more frequently than once annually; (viii) processes for safely and securely dispensing and delivering in person cannabis products<\/span> to a patient, his registered agent<\/span>, 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; (ix) dosage limitations for cannabis products<\/span> that provide that each dispensed dose of a cannabis product<\/span> not exceed 10 milligrams of total tetrahydrocannabinol<\/span>, except as permitted under § 4.1-1603.2<\/a>; (x) a process for the wholesale distribution of and the transfer of usable cannabis<\/span>, botanical cannabis<\/span>, cannabis oil<\/span>, and cannabis products<\/span> between pharmaceutical processors<\/span>, between a pharmaceutical processor<\/span> and a cannabis dispensing facility<\/span>, and between cannabis dispensing facilities; (xi) an allowance for the sale<\/span> of devices for administration of dispensed cannabis products<\/span> and hemp-based CBD products that meet the applicable standards set forth in state and federal law<\/span>, including the laboratory testing<\/span> standards set forth in subsection N; (xii) an allowance for the use and distribution of inert product samples containing no cannabinoids for patient demonstration exclusively at the pharmaceutical processor<\/span> or cannabis dispensing facility<\/span>, and not for further distribution or sale<\/span>, without the need for a written certification; (xiii) a process for acquiring industrial hemp extracts and formulating such extracts into cannabis products<\/span>; and (xiv) an allowance for the advertising<\/span> and promotion of the pharmaceutical processor<\/span>’s products and operations, which shall not limit the pharmaceutical processor<\/span> from the provision of educational material<\/span> to practitioners<\/span> who issue<\/span> written certifications and patients. The Board<\/span> shall also adopt regulations for pharmaceutical processors<\/span> that include requirements for (a) processes for safely and securely cultivating cannabis plants intended for producing cannabis products<\/span>, (b) the disposal of agricultural waste, and (c) a process for registering cannabis products<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> The Board<\/span> shall require pharmaceutical processors<\/span>, after processing and before dispensing any cannabis products<\/span>, to make a sample available from each batch of cannabis product<\/span> for testing<\/span> by an independent laboratory that is located in Commonwealth and meets Board<\/span> requirements. A valid sample size for testing<\/span> shall be determined by each laboratory and may vary due to sample matrix, analytical method, and laboratory-specific procedures. A minimum sample size of 0.5 percent of individual units for dispensing or distribution from each homogenized batch of cannabis oil<\/span> is required to achieve a representative cannabis oil<\/span> sample for analysis. A minimum sample size, to be determined by the certified testing<\/span> laboratory, from each batch of botanical cannabis<\/span> is required to achieve a representative botanical cannabis<\/span> sample for analysis. Botanical cannabis<\/span> products shall only be tested for the following: total cannabidiol (CBD), total tetrahydrocannabinol<\/span> (THC), terpenes, pesticide chemical residue, heavy metals, mycotoxins, moisture, and microbiological contaminants. Testing<\/span> thresholds shall be consistent with generally accepted cannabis industry thresholds. The pharmaceutical processor<\/span> may remediate botanical cannabis<\/span> or cannabis oil<\/span> that fails any quality testing<\/span> standard except pesticides. Following remediation, all remediated botanical cannabis<\/span> or cannabis oil<\/span> shall be subject to laboratory testing<\/span>, which shall not be more stringent than initial testing<\/span> prior to remediation. Remediated botanical cannabis<\/span> or cannabis oil<\/span> that passes such quality testing<\/span> may be packaged and labeled. If a batch of botanical cannabis<\/span> fails retesting after remediation, it shall be considered usable cannabis<\/span> and may be processed into cannabis oil<\/span>. Stability testing<\/span> shall not be required for any cannabis product<\/span> with an expiration date assigned by the pharmaceutical processor<\/span> of 12 months or less from the date of the cannabis product<\/span> registration approval. Stability testing<\/span> required for assignment of an expiration date longer than 12 months shall be limited to microbial testing<\/span>, on a pass\/fail basis, and potency testing<\/span>, on a 15 percent deviation basis, of total THC and total CBD. No cannabis product<\/span> shall have an expiration date longer than 12 months from the date of the cannabis product<\/span> registration approval unless supported by stability testing<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

E.<\/span> A laboratory testing<\/span> samples for a pharmaceutical processor<\/span> shall obtain a controlled substances registration certificate pursuant to § 54.1-3423<\/a> and shall comply with quality standards established by the Board<\/span> of Pharmacy in regulation. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

F.<\/span> Every pharmaceutical processor<\/span>’s dispensing area or cannabis dispensing facility<\/span> shall be under the personal supervision of a licensed<\/span> pharmacist<\/span> on the premises of the pharmaceutical processor<\/span> or cannabis dispensing facility<\/span> unless all cannabis products<\/span> are contained in a vault or other similar container to which only the pharmacist<\/span> has access controls. The pharmaceutical processor<\/span> shall ensure that security measures are adequate to protect the cannabis from diversion<\/span> at all times, and the pharmacist<\/span>-in-charge shall have concurrent responsibility for preventing diversion<\/span> from the dispensing area.\n\t\t\tEvery pharmaceutical processor<\/span> shall designate a person who shall have oversight of the cultivation<\/span> and production areas of the pharmaceutical processor<\/span> and shall provide such information to the Board<\/span>. The Board<\/span> shall direct all communications related to enforcement of requirements related to cultivation<\/span> and production of cannabis and cannabis products<\/span> by the pharmaceutical processor<\/span> to such designated person. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

G.<\/span> The Board<\/span> shall require the material<\/span> owners of an applicant for a pharmaceutical processor<\/span> or cannabis dispensing facility<\/span> permit to submit to fingerprinting and provide personal descriptive information to be forwarded along with his fingerprints through the Central Criminal Records Exchange to the Federal Bureau of Investigation for the purpose of obtaining criminal history record information regarding the applicant’s material<\/span> owners. The cost of fingerprinting and the criminal history record search shall be paid by the applicant. The Central Criminal Records Exchange shall forward the results of the criminal history background check to the Board<\/span> or its designee, which shall be a governmental entity. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

H.<\/span> A pharmaceutical processor<\/span> shall maintain evidence<\/span> of criminal background checks for all employees and delivery agents of the pharmaceutical processor<\/span>. Criminal background checks of employees and delivery agents may be conducted by any service sufficient to disclose any federal and state criminal convictions<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

I.<\/span> In addition to other employees authorized by the Board<\/span>, a pharmaceutical processor<\/span> may employ individuals who may have less than one year of experience (i) to perform cultivation<\/span>-related duties under the supervision of an individual who has received a degree in a field related to the cultivation<\/span> of plants or a certification recognized by the Board<\/span> or who has at least one year of experience cultivating plants, (ii) to perform extraction-related duties under the supervision of an individual who has a degree in chemistry or pharmacology or at least one year of experience extracting chemicals from plants, (iii) to perform duties at the pharmaceutical processor<\/span> and cannabis dispensing facility<\/span> upon certification as a pharmacy technician, and (iv) to serve as pharmacy technician trainees<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

J.<\/span> A pharmaceutical processor<\/span> to whom a permit has been issued by the Board<\/span> may (i) establish up to five cannabis dispensing facilities, subject to the permit requirement set forth in subsection B, for the dispensing of cannabis products<\/span> that have been cultivated and produced on the premises of a pharmaceutical processor<\/span> permitted by the Board<\/span> and (ii) establish, if authorized by the Board<\/span>, one additional location at which the pharmaceutical processor<\/span> may cultivate<\/span> cannabis plants. Each cannabis dispensing facility<\/span> and the additional cultivation<\/span> location shall be located within the same health service area as the pharmaceutical processor<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

K.<\/span> No person who has been convicted of a felony<\/span> under the laws<\/span> of the Commonwealth or another jurisdiction<\/span> within the last five years shall be employed by or act as an agent of a pharmaceutical processor<\/span> or cannabis dispensing facility<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

L.<\/span> Every pharmaceutical processor<\/span> or cannabis dispensing facility<\/span> shall adopt policies for pre-employment drug screening and regular, ongoing, random drug screening of employees. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

M.<\/span> A pharmacist<\/span> at the pharmaceutical processor<\/span>’s dispensing area and the cannabis dispensing facility<\/span> shall determine the number of pharmacy interns<\/span>, pharmacy technicians<\/span>, and pharmacy technician trainees<\/span> who can be safely and competently supervised at one time; however, no pharmacist<\/span> shall supervise more than six persons performing the duties of a pharmacy technician at one time in the pharmaceutical processor<\/span>’s dispensing area or cannabis dispensing facility<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

N.<\/span> A pharmaceutical processor<\/span> may acquire from a registered industrial hemp handler or processor industrial hemp extracts that (i) are grown and processed in Virginia in compliance with state or federal law<\/span>, and (ii) notwithstanding the tetrahydrocannabinol limits set forth in the definition of “industrial hemp extract” in § 3.2-5145.1<\/a>, contain a total tetrahydrocannabinol<\/span> concentration of no greater than 0.3 percent. A pharmaceutical processor<\/span> may process and formulate such extracts into an allowable dosage of cannabis product<\/span>. Industrial hemp extracts acquired and formulated by a pharmaceutical processor<\/span> are subject to the same third-party<\/span> testing<\/span> requirements that may apply to cannabis plant extract. Testing<\/span> shall be performed by a laboratory located in Virginia and in compliance with state law<\/span> governing the testing<\/span> of cannabis products<\/span>. The industrial hemp handler or processor shall provide such third-party<\/span> testing<\/span> results to the pharmaceutical processor<\/span> before industrial hemp extracts may be acquired. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

O.<\/span> Product labels for all cannabis products<\/span> and botanical cannabis<\/span> shall be complete, accurate, easily discernable, and uniform among different products and brands. Pharmaceutical processors<\/span> shall affix to all cannabis products<\/span> and botanical cannabis<\/span> a label, which shall also be accessible on the pharmaceutical processor<\/span>’s website, that includes: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> The product name; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> All active and inactive ingredients, including cannabinoids, terpenes, additives, preservatives, flavorings, sweeteners, and carrier oils; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> The total percentage and milligrams of tetrahydrocannabinol and cannabidiol included in the product and the number of milligrams of tetrahydrocannabinol and cannabidiol in each serving; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

4.<\/span> The amount of product that constitutes a single serving and the amount recommended for use by the practitioner<\/span> or dispensing pharmacist<\/span>; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

5.<\/span> Information regarding the product’s purpose and detailed usage directions; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

6.<\/span> Child and safety warnings in a conspicuous font; and <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

7.<\/span> Such other information required by the Board<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

P.<\/span> A pharmaceutical processor<\/span> or cannabis dispensing facility<\/span> shall maintain an adequate supply of cannabis products<\/span> that (i) contain cannabidiol as their primary cannabinoid and (ii) have low levels of or no tetrahydrocannabinol. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

Q.<\/span> With the exception of § 2.2-4031<\/a>, neither the provisions of the Administrative Process Act (§ 2.2-4000<\/a> et seq.) nor public participation guidelines adopted pursuant thereto shall apply to the adoption of any regulation pursuant to this section. Prior to adopting any regulation pursuant to this section, the Board<\/span> shall publish a notice of opportunity to comment in the Virginia Register of Regulations and post the action on the Virginia Regulatory Town Hall. Such notice of opportunity to comment shall contain (i) a summary of the proposed regulation; (ii) the text of the proposed regulation; and (iii) the name, address, and telephone number of the agency contact person responsible for receiving public comments. Such notice shall be made at least 60 days in advance of the last date prescribed in such notice for submittals of public comment. The legislative review provisions of subsections A and B of § 2.2-4014<\/a> shall apply to the promulgation or final adoption process for regulations pursuant to this section. The Board<\/span> shall consider and keep on file all public comments received for any regulation adopted pursuant to this section. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nPERMIT TO OPERATE PHARMACEUTICAL PROCESSOR OR CANNABIS DISPENSING FACILITY (\u00a7\n4.1-1602)\n\nA. No person shall operate a pharmaceutical processor or a cannabis dispensing\nfacility without first obtaining a permit from the Board. The application for\nsuch permit shall be made on a form provided by the Authority and signed by a\npharmacist who will be in full and actual charge of the pharmaceutical\nprocessor’s dispensing area or cannabis dispensing facility. The Board\nshall establish an application fee and other general requirements for such\napplication.\n\nB. Each permit shall expire annually on a date determined by the Board in\nregulation. The number of permits that the Board may issue or renew in any year\nis limited to one pharmaceutical processor and up to five cannabis dispensing\nfacilities for each health service area established by the Board of Health.\nPermits shall be displayed in a conspicuous place on the premises of the\npharmaceutical processor and cannabis dispensing facility.\n\nC. The Board shall adopt regulations establishing health, safety, and security\nrequirements for pharmaceutical processors and cannabis dispensing facilities.\nSuch regulations shall include requirements for (i) physical standards; (ii)\nlocation restrictions; (iii) security systems and controls; (iv) minimum\nequipment and resources; (v) recordkeeping; (vi) labeling and packaging; (vii)\nroutine inspections no more frequently than once annually; (viii) processes for\nsafely and securely dispensing and delivering in person cannabis products to a\npatient, his registered agent, or, if such patient is a minor or a vulnerable\nadult as defined in § 18.2-369, such patient’s parent or legal\nguardian; (ix) dosage limitations for cannabis products that provide that each\ndispensed dose of a cannabis product not exceed 10 milligrams of total\ntetrahydrocannabinol, except as permitted under § 4.1-1603.2; (x) a process\nfor the wholesale distribution of and the transfer of usable cannabis, botanical\ncannabis, cannabis oil, and cannabis products between pharmaceutical processors,\nbetween a pharmaceutical processor and a cannabis dispensing facility, and\nbetween cannabis dispensing facilities; (xi) an allowance for the sale of\ndevices for administration of dispensed cannabis products and hemp-based CBD\nproducts that meet the applicable standards set forth in state and federal law,\nincluding the laboratory testing standards set forth in subsection N; (xii) an\nallowance for the use and distribution of inert product samples containing no\ncannabinoids for patient demonstration exclusively at the pharmaceutical\nprocessor or cannabis dispensing facility, and not for further distribution or\nsale, without the need for a written certification; (xiii) a process for\nacquiring industrial hemp extracts and formulating such extracts into cannabis\nproducts; and (xiv) an allowance for the advertising and promotion of the\npharmaceutical processor’s products and operations, which shall not limit\nthe pharmaceutical processor from the provision of educational material to\npractitioners who issue written certifications and patients. The Board shall\nalso adopt regulations for pharmaceutical processors that include requirements\nfor (a) processes for safely and securely cultivating cannabis plants intended\nfor producing cannabis products, (b) the disposal of agricultural waste, and (c)\na process for registering cannabis products.\n\nD. The Board shall require pharmaceutical processors, after processing and\nbefore dispensing any cannabis products, to make a sample available from each\nbatch of cannabis product for testing by an independent laboratory that is\nlocated in Commonwealth and meets Board requirements. A valid sample size for\ntesting shall be determined by each laboratory and may vary due to sample\nmatrix, analytical method, and laboratory-specific procedures. A minimum sample\nsize of 0.5 percent of individual units for dispensing or distribution from each\nhomogenized batch of cannabis oil is required to achieve a representative\ncannabis oil sample for analysis. A minimum sample size, to be determined by the\ncertified testing laboratory, from each batch of botanical cannabis is required\nto achieve a representative botanical cannabis sample for analysis. Botanical\ncannabis products shall only be tested for the following: total cannabidiol\n(CBD), total tetrahydrocannabinol (THC), terpenes, pesticide chemical residue,\nheavy metals, mycotoxins, moisture, and microbiological contaminants. Testing\nthresholds shall be consistent with generally accepted cannabis industry\nthresholds. The pharmaceutical processor may remediate botanical cannabis or\ncannabis oil that fails any quality testing standard except pesticides.\nFollowing remediation, all remediated botanical cannabis or cannabis oil shall\nbe subject to laboratory testing, which shall not be more stringent than initial\ntesting prior to remediation. Remediated botanical cannabis or cannabis oil that\npasses such quality testing may be packaged and labeled. If a batch of botanical\ncannabis fails retesting after remediation, it shall be considered usable\ncannabis and may be processed into cannabis oil. Stability testing shall not be\nrequired for any cannabis product with an expiration date assigned by the\npharmaceutical processor of 12 months or less from the date of the cannabis\nproduct registration approval. Stability testing required for assignment of an\nexpiration date longer than 12 months shall be limited to microbial testing, on\na pass\/fail basis, and potency testing, on a 15 percent deviation basis, of\ntotal THC and total CBD. No cannabis product shall have an expiration date\nlonger than 12 months from the date of the cannabis product registration\napproval unless supported by stability testing.\n\nE. A laboratory testing samples for a pharmaceutical processor shall obtain a\ncontrolled substances registration certificate pursuant to § 54.1-3423 and\nshall comply with quality standards established by the Board of Pharmacy in\nregulation.\n\nF. Every pharmaceutical processor’s dispensing area or cannabis dispensing\nfacility shall be under the personal supervision of a licensed pharmacist on the\npremises of the pharmaceutical processor or cannabis dispensing facility unless\nall cannabis products are contained in a vault or other similar container to\nwhich only the pharmacist has access controls. The pharmaceutical processor\nshall ensure that security measures are adequate to protect the cannabis from\ndiversion at all times, and the pharmacist-in-charge shall have concurrent\nresponsibility for preventing diversion from the dispensing area.\n\t\t\tEvery pharmaceutical processor shall designate a person who shall have\noversight of the cultivation and production areas of the pharmaceutical\nprocessor and shall provide such information to the Board. The Board shall\ndirect all communications related to enforcement of requirements related to\ncultivation and production of cannabis and cannabis products by the\npharmaceutical processor to such designated person.\n\nG. The Board shall require the material owners of an applicant for a\npharmaceutical processor or cannabis dispensing facility permit to submit to\nfingerprinting and provide personal descriptive information to be forwarded\nalong with his fingerprints through the Central Criminal Records Exchange to the\nFederal Bureau of Investigation for the purpose of obtaining criminal history\nrecord information regarding the applicant’s material owners. The cost of\nfingerprinting and the criminal history record search shall be paid by the\napplicant. The Central Criminal Records Exchange shall forward the results of\nthe criminal history background check to the Board or its designee, which shall\nbe a governmental entity.\n\nH. A pharmaceutical processor shall maintain evidence of criminal background\nchecks for all employees and delivery agents of the pharmaceutical processor.\nCriminal background checks of employees and delivery agents may be conducted by\nany service sufficient to disclose any federal and state criminal convictions.\n\nI. In addition to other employees authorized by the Board, a pharmaceutical\nprocessor may employ individuals who may have less than one year of experience\n(i) to perform cultivation-related duties under the supervision of an individual\nwho has received a degree in a field related to the cultivation of plants or a\ncertification recognized by the Board or who has at least one year of experience\ncultivating plants, (ii) to perform extraction-related duties under the\nsupervision of an individual who has a degree in chemistry or pharmacology or at\nleast one year of experience extracting chemicals from plants, (iii) to perform\nduties at the pharmaceutical processor and cannabis dispensing facility upon\ncertification as a pharmacy technician, and (iv) to serve as pharmacy technician\ntrainees.\n\nJ. A pharmaceutical processor to whom a permit has been issued by the Board may\n(i) establish up to five cannabis dispensing facilities, subject to the permit\nrequirement set forth in subsection B, for the dispensing of cannabis products\nthat have been cultivated and produced on the premises of a pharmaceutical\nprocessor permitted by the Board and (ii) establish, if authorized by the Board,\none additional location at which the pharmaceutical processor may cultivate\ncannabis plants. Each cannabis dispensing facility and the additional\ncultivation location shall be located within the same health service area as the\npharmaceutical processor.\n\nK. No person who has been convicted of a felony under the laws of the\nCommonwealth or another jurisdiction within the last five years shall be\nemployed by or act as an agent of a pharmaceutical processor or cannabis\ndispensing facility.\n\nL. Every pharmaceutical processor or cannabis dispensing facility shall adopt\npolicies for pre-employment drug screening and regular, ongoing, random drug\nscreening of employees.\n\nM. A pharmacist at the pharmaceutical processor’s dispensing area and the\ncannabis dispensing facility shall determine the number of pharmacy interns,\npharmacy technicians, and pharmacy technician trainees who can be safely and\ncompetently supervised at one time; however, no pharmacist shall supervise more\nthan six persons performing the duties of a pharmacy technician at one time in\nthe pharmaceutical processor’s dispensing area or cannabis dispensing\nfacility.\n\nN. A pharmaceutical processor may acquire from a registered industrial hemp\nhandler or processor industrial hemp extracts that (i) are grown and processed\nin Virginia in compliance with state or federal law, and (ii) notwithstanding\nthe tetrahydrocannabinol limits set forth in the definition of “industrial\nhemp extract” in § 3.2-5145.1, contain a total tetrahydrocannabinol\nconcentration of no greater than 0.3 percent. A pharmaceutical processor may\nprocess and formulate such extracts into an allowable dosage of cannabis\nproduct. Industrial hemp extracts acquired and formulated by a pharmaceutical\nprocessor are subject to the same third-party testing requirements that may\napply to cannabis plant extract. Testing shall be performed by a laboratory\nlocated in Virginia and in compliance with state law governing the testing of\ncannabis products. The industrial hemp handler or processor shall provide such\nthird-party testing results to the pharmaceutical processor before industrial\nhemp extracts may be acquired.\n\nO. Product labels for all cannabis products and botanical cannabis shall be\ncomplete, accurate, easily discernable, and uniform among different products and\nbrands. Pharmaceutical processors shall affix to all cannabis products and\nbotanical cannabis a label, which shall also be accessible on the pharmaceutical\nprocessor’s website, that includes:\n\n 1. The product name;\n\n 2. All active and inactive ingredients, including cannabinoids, terpenes,\n additives, preservatives, flavorings, sweeteners, and carrier oils;\n\n 3. The total percentage and milligrams of tetrahydrocannabinol and cannabidiol\n included in the product and the number of milligrams of tetrahydrocannabinol\n and cannabidiol in each serving;\n\n 4. The amount of product that constitutes a single serving and the amount\n recommended for use by the practitioner or dispensing pharmacist;\n\n 5. Information regarding the product’s purpose and detailed usage\n directions;\n\n 6. Child and safety warnings in a conspicuous font; and\n\n 7. Such other information required by the Board.\n\nP. A pharmaceutical processor or cannabis dispensing facility shall maintain an\nadequate supply of cannabis products that (i) contain cannabidiol as their\nprimary cannabinoid and (ii) have low levels of or no tetrahydrocannabinol.\n\nQ. With the exception of § 2.2-4031, neither the provisions of the\nAdministrative Process Act (§ 2.2-4000 et seq.) nor public participation\nguidelines adopted pursuant thereto shall apply to the adoption of any\nregulation pursuant to this section. Prior to adopting any regulation pursuant\nto this section, the Board shall publish a notice of opportunity to comment in\nthe Virginia Register of Regulations and post the action on the Virginia\nRegulatory Town Hall. Such notice of opportunity to comment shall contain (i) a\nsummary of the proposed regulation; (ii) the text of the proposed regulation;\nand (iii) the name, address, and telephone number of the agency contact person\nresponsible for receiving public comments. Such notice shall be made at least 60\ndays in advance of the last date prescribed in such notice for submittals of\npublic comment. The legislative review provisions of subsections A and B of\n§ 2.2-4014 shall apply to the promulgation or final adoption process for\nregulations pursuant to this section. The Board shall consider and keep on file\nall public comments received for any regulation adopted pursuant to this\nsection.\n\nHISTORY: 2023, cc. 740, 744, 760, 773, 780, 794, 799, 812; 2024, c. 732.","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}}