{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/4.1-604.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/4.1-604.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/4.1-604.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/4.1-604.html"}],"law_id":85438,"edition_id":1,"section_id":85438,"structure_id":14477,"section_number":"4.1-604","catch_line":"Powers and duties of the Board","history":"2021, Sp. Sess. I, cc. 550, 551; 2023, cc. 740, 773.","full_text":"The Board shall have the following powers and duties:\n\n1\n\nPromulgate regulations in accordance with the Administrative Process Act (§ 2.2-4000 et seq.) and § 4.1-606;2\n\nControl the possession, sale, transportation, and delivery of marijuana and marijuana products;3\n\nGrant, suspend, restrict, revoke, or refuse to grant or renew any license or permit issued or authorized pursuant to this subtitle;4\n\nDetermine the nature, form, and capacity of all containers used for holding marijuana products to be kept or sold and prescribe the form and content of all labels and seals to be placed thereon;5\n\nMaintain actions to enjoin common nuisances as defined in § 4.1-1113;6\n\nEstablish standards and implement an online course for employees of retail marijuana stores that trains employees on how to educate consumers on the potential risks of marijuana use;7\n\nEstablish a plan to develop and disseminate to retail marijuana store licensees a pamphlet or similar document regarding the potential risks of marijuana use to be prominently displayed and made available to consumers;8\n\nEstablish a position for a Cannabis Social Equity Liaison who shall lead the Cannabis Business Equity and Diversity Support Team and liaise with the Director of Diversity, Equity, and Inclusion on matters related to diversity, equity, and inclusion standards in the marijuana industry;9\n\nEstablish a Cannabis Business Equity and Diversity Support Team, which shall (i) develop requirements for the creation and submission of diversity, equity, and inclusion plans by persons who wish to possess a license in more than one license category pursuant to subsection C of § 4.1-805, which may include a requirement that the licensee participate in social equity apprenticeship plan, and an approval process and requirements for implementation of such plans; (ii) be responsible for conducting an analysis of potential barriers to entry for small, women-owned, and minority-owned businesses and veteran-owned businesses interested in participating in the marijuana industry and recommending strategies to effectively mitigate such potential barriers; (iii) provide assistance with business planning for potential marijuana establishment licensees; (iv) spread awareness of business opportunities related to the marijuana marketplace in areas disproportionately impacted by marijuana prohibition and enforcement; (v) provide technical assistance in navigating the administrative process to potential marijuana establishment licensees; and (vi) conduct other outreach initiatives in areas disproportionately impacted by marijuana prohibition and enforcement as necessary;10\n\nEstablish a position for an individual with professional experience in a health related field who shall staff the Cannabis Public Health Advisory Council, established pursuant to § 4.1-603, liaise with the Office of the Secretary of Health and Human Resources and relevant health and human services agencies and organizations, and perform other duties as needed;11\n\nEstablish and implement a plan, in coordination with the Cannabis Social Equity Liaison and the Director of Diversity, Equity, and Inclusion to promote and encourage participation in the marijuana industry by people from communities that have been disproportionately impacted by marijuana prohibition and enforcement and to positively impact those communities;12\n\nSue and be sued, implead and be impleaded, and complain and defend in all courts;13\n\nAdopt, use, and alter at will a common seal;14\n\nFix, alter, charge, and collect rates, rentals, fees, and other charges for the use of property of, the sale of products of, or services rendered by the Authority at rates to be determined by the Authority for the purpose of providing for the payment of the expenses of the Authority;15\n\nMake and enter into all contracts and agreements necessary or incidental to the performance of its duties, the furtherance of its purposes, and the execution of its powers under this subtitle, including agreements with any person or federal agency;16\n\nEmploy, at its discretion, consultants, researchers, architects, engineers, accountants, financial experts, investment bankers, superintendents, managers, and such other employees and special agents as may be necessary and fix their compensation to be payable from funds made available to the Authority. Legal services for the Authority shall be provided by the Attorney General in accordance with Chapter 5 (§ 2.2-500 et seq.) of Title 2.2;17\n\nReceive and accept from any federal or private agency, foundation, corporation, association, or person grants or other aid to be expended in accomplishing the objectives of the Authority, and receive and accept from the Commonwealth or any state and any municipality, county, or other political subdivision thereof or from any other source aid or contributions of either money, property, or other things of value, to be held, used, and applied only for the purposes for which such grants and contributions may be made. All federal moneys accepted under this section shall be accepted and expended by the Authority upon such terms and conditions as are prescribed by the United States and as are consistent with state law, and all state moneys accepted under this section shall be expended by the Authority upon such terms and conditions as are prescribed by the Commonwealth;18\n\nAdopt, alter, and repeal bylaws, rules, and regulations governing the manner in which its business shall be transacted and the manner in which the powers of the Authority shall be exercised and its duties performed. The Board may delegate or assign any duty or task to be performed by the Authority to any officer or employee of the Authority. The Board shall remain responsible for the performance of any such duties or tasks. Any delegation pursuant to this subdivision shall, where appropriate, be accompanied by written guidelines for the exercise of the duties or tasks delegated. Where appropriate, the guidelines shall require that the Board receive summaries of actions taken. Such delegation or assignment shall not relieve the Board of the responsibility to ensure faithful performance of the duties and tasks;19\n\nConduct or engage in any lawful business, activity, effort, or project consistent with the Authority’s purposes or necessary or convenient to exercise its powers;20\n\nDevelop policies and procedures generally applicable to the procurement of goods, services, and construction, based upon competitive principles;21\n\nDevelop policies and procedures consistent with Article 4 (§ 2.2-4347 et seq.) of Chapter 43 of Title 2.2;22\n\nAcquire, purchase, hold, use, lease, or otherwise dispose of any property, real, personal or mixed, tangible or intangible, or any interest therein necessary or desirable for carrying out the purposes of the Authority; lease as lessee any property, real, personal or mixed, tangible or intangible, or any interest therein, at such annual rental and on such terms and conditions as may be determined by the Board; lease as lessor to any person any property, real, personal or mixed, tangible or intangible, or any interest therein, at any time acquired by the Authority, whether wholly or partially completed, at such annual rental and on such terms and conditions as may be determined by the Board; sell, transfer, or convey any property, real, personal or mixed, tangible or intangible, or any interest therein, at any time acquired or held by the Authority on such terms and conditions as may be determined by the Board; and occupy and improve any land or building required for the purposes of this subtitle;23\n\nPurchase, lease, or acquire the use of, by any manner, any plant or equipment that may be considered necessary or useful in carrying into effect the purposes of this subtitle, including rectifying, blending, and processing plants;24\n\nAppoint every agent and employee required for its operations, require any or all of them to give bonds payable to the Commonwealth in such penalty as shall be fixed by the Board, and engage the services of experts and professionals;25\n\nHold and conduct hearings, issue subpoenas requiring the attendance of witnesses and the production of records, memoranda, papers, and other documents before the Board or any agent of the Board, and administer oaths and take testimony thereunder. The Board may authorize any Board member or agent of the Board to hold and conduct hearings, issue subpoenas, administer oaths and take testimony thereunder, and decide cases, subject to final decision by the Board, on application of any party aggrieved. The Board may enter into consent agreements and may request and accept from any applicant, licensee, or permittee a consent agreement in lieu of proceedings on (i) objections to the issuance of a license or permit or (ii) disciplinary action. Any such consent agreement (a) shall include findings of fact and provisions regarding whether the terms of the consent agreement are confidential and (b) may include an admission or a finding of a violation. A consent agreement shall not be considered a case decision of the Board and shall not be subject to judicial review under the provisions of the Administrative Process Act (§ 2.2-4000 et seq.), but may be considered by the Board in future disciplinary proceedings;26\n\nMake a reasonable charge for preparing and furnishing statistical information and compilations to persons other than (i) officials, including court and police officials, of the Commonwealth and of its subdivisions if the information requested is for official use and (ii) persons who have a personal or legal interest in obtaining the information requested if such information is not to be used for commercial or trade purposes;27\n\nTake appropriate disciplinary action and assess and collect civil penalties and civil charges for violations of this subtitle and Board regulations;28\n\nReview and approve any proposed legislative or regulatory changes suggested by the Chief Executive Officer as the Board deems appropriate;29\n\nReport quarterly to the Secretary of Public Safety and Homeland Security on the law-enforcement activities undertaken to enforce the provisions of this subtitle;30\n\nEstablish and collect fees for all permits set forth in this subtitle, including fees associated with applications for such permits;31\n\nDevelop and make available on its website guidance documents regarding compliance and safe practices for persons who cultivate marijuana at home for personal use, which shall include information regarding cultivation practices that promote personal and public safety, including child protection, and discourage practices that create a nuisance;32\n\nDevelop and make available on its website a resource that provides information regarding (i) responsible marijuana consumption; (ii) health risks and other dangers associated with marijuana consumption, including inability to operate a motor vehicle and other types of transportation and equipment; and (iii) ancillary effects of marijuana consumption, including ineligibility for certain employment opportunities. The Board shall require that the web address for such resource be included on the label of all retail marijuana and retail marijuana product as provided in § 4.1-1402; and33\n\nDo all acts necessary or advisable to carry out the purposes of this subtitle.","order_by":null,"text":{"0":{"id":306043,"text":"The Board shall have the following powers and duties:","type":"section","prefixes":[""],"prefix":"","entire_prefix":"","prefix_anchor":"","level":1,"next_prefix":"1"},"1":{"id":306044,"text":"Promulgate regulations in accordance with the Administrative Process Act (§ 2.2-4000 et seq.) and § 4.1-606;","type":"section","prefixes":["1"],"prefix":"1","entire_prefix":"1","prefix_anchor":"1","level":1,"prior_prefix":"","next_prefix":"2"},"2":{"id":306045,"text":"Control the possession, sale, transportation, and delivery of marijuana and marijuana products;","type":"section","prefixes":["2"],"prefix":"2","entire_prefix":"2","prefix_anchor":"2","level":1,"prior_prefix":"1","next_prefix":"3"},"3":{"id":306046,"text":"Grant, suspend, restrict, revoke, or refuse to grant or renew any license or permit issued or authorized pursuant to this subtitle;","type":"section","prefixes":["3"],"prefix":"3","entire_prefix":"3","prefix_anchor":"3","level":1,"prior_prefix":"2","next_prefix":"4"},"4":{"id":306047,"text":"Determine the nature, form, and capacity of all containers used for holding marijuana products to be kept or sold and prescribe the form and content of all labels and seals to be placed thereon;","type":"section","prefixes":["4"],"prefix":"4","entire_prefix":"4","prefix_anchor":"4","level":1,"prior_prefix":"3","next_prefix":"5"},"5":{"id":306048,"text":"Maintain actions to enjoin common nuisances as defined in § 4.1-1113;","type":"section","prefixes":["5"],"prefix":"5","entire_prefix":"5","prefix_anchor":"5","level":1,"prior_prefix":"4","next_prefix":"6"},"6":{"id":306049,"text":"Establish standards and implement an online course for employees of retail marijuana stores that trains employees on how to educate consumers on the potential risks of marijuana use;","type":"section","prefixes":["6"],"prefix":"6","entire_prefix":"6","prefix_anchor":"6","level":1,"prior_prefix":"5","next_prefix":"7"},"7":{"id":306050,"text":"Establish a plan to develop and disseminate to retail marijuana store licensees a pamphlet or similar document regarding the potential risks of marijuana use to be prominently displayed and made available to consumers;","type":"section","prefixes":["7"],"prefix":"7","entire_prefix":"7","prefix_anchor":"7","level":1,"prior_prefix":"6","next_prefix":"8"},"8":{"id":306051,"text":"Establish a position for a Cannabis Social Equity Liaison who shall lead the Cannabis Business Equity and Diversity Support Team and liaise with the Director of Diversity, Equity, and Inclusion on matters related to diversity, equity, and inclusion standards in the marijuana industry;","type":"section","prefixes":["8"],"prefix":"8","entire_prefix":"8","prefix_anchor":"8","level":1,"prior_prefix":"7","next_prefix":"9"},"9":{"id":306052,"text":"Establish a Cannabis Business Equity and Diversity Support Team, which shall (i) develop requirements for the creation and submission of diversity, equity, and inclusion plans by persons who wish to possess a license in more than one license category pursuant to subsection C of § 4.1-805, which may include a requirement that the licensee participate in social equity apprenticeship plan, and an approval process and requirements for implementation of such plans; (ii) be responsible for conducting an analysis of potential barriers to entry for small, women-owned, and minority-owned businesses and veteran-owned businesses interested in participating in the marijuana industry and recommending strategies to effectively mitigate such potential barriers; (iii) provide assistance with business planning for potential marijuana establishment licensees; (iv) spread awareness of business opportunities related to the marijuana marketplace in areas disproportionately impacted by marijuana prohibition and enforcement; (v) provide technical assistance in navigating the administrative process to potential marijuana establishment licensees; and (vi) conduct other outreach initiatives in areas disproportionately impacted by marijuana prohibition and enforcement as necessary;","type":"section","prefixes":["9"],"prefix":"9","entire_prefix":"9","prefix_anchor":"9","level":1,"prior_prefix":"8","next_prefix":"10"},"10":{"id":306053,"text":"Establish a position for an individual with professional experience in a health related field who shall staff the Cannabis Public Health Advisory Council, established pursuant to § 4.1-603, liaise with the Office of the Secretary of Health and Human Resources and relevant health and human services agencies and organizations, and perform other duties as needed;","type":"section","prefixes":["10"],"prefix":"10","entire_prefix":"10","prefix_anchor":"10","level":1,"prior_prefix":"9","next_prefix":"11"},"11":{"id":306054,"text":"Establish and implement a plan, in coordination with the Cannabis Social Equity Liaison and the Director of Diversity, Equity, and Inclusion to promote and encourage participation in the marijuana industry by people from communities that have been disproportionately impacted by marijuana prohibition and enforcement and to positively impact those communities;","type":"section","prefixes":["11"],"prefix":"11","entire_prefix":"11","prefix_anchor":"11","level":1,"prior_prefix":"10","next_prefix":"12"},"12":{"id":306055,"text":"Sue and be sued, implead and be impleaded, and complain and defend in all courts;","type":"section","prefixes":["12"],"prefix":"12","entire_prefix":"12","prefix_anchor":"12","level":1,"prior_prefix":"11","next_prefix":"13"},"13":{"id":306056,"text":"Adopt, use, and alter at will a common seal;","type":"section","prefixes":["13"],"prefix":"13","entire_prefix":"13","prefix_anchor":"13","level":1,"prior_prefix":"12","next_prefix":"14"},"14":{"id":306057,"text":"Fix, alter, charge, and collect rates, rentals, fees, and other charges for the use of property of, the sale of products of, or services rendered by the Authority at rates to be determined by the Authority for the purpose of providing for the payment of the expenses of the Authority;","type":"section","prefixes":["14"],"prefix":"14","entire_prefix":"14","prefix_anchor":"14","level":1,"prior_prefix":"13","next_prefix":"15"},"15":{"id":306058,"text":"Make and enter into all contracts and agreements necessary or incidental to the performance of its duties, the furtherance of its purposes, and the execution of its powers under this subtitle, including agreements with any person or federal agency;","type":"section","prefixes":["15"],"prefix":"15","entire_prefix":"15","prefix_anchor":"15","level":1,"prior_prefix":"14","next_prefix":"16"},"16":{"id":306059,"text":"Employ, at its discretion, consultants, researchers, architects, engineers, accountants, financial experts, investment bankers, superintendents, managers, and such other employees and special agents as may be necessary and fix their compensation to be payable from funds made available to the Authority. Legal services for the Authority shall be provided by the Attorney General in accordance with Chapter 5 (§ 2.2-500 et seq.) of Title 2.2;","type":"section","prefixes":["16"],"prefix":"16","entire_prefix":"16","prefix_anchor":"16","level":1,"prior_prefix":"15","next_prefix":"17"},"17":{"id":306060,"text":"Receive and accept from any federal or private agency, foundation, corporation, association, or person grants or other aid to be expended in accomplishing the objectives of the Authority, and receive and accept from the Commonwealth or any state and any municipality, county, or other political subdivision thereof or from any other source aid or contributions of either money, property, or other things of value, to be held, used, and applied only for the purposes for which such grants and contributions may be made. All federal moneys accepted under this section shall be accepted and expended by the Authority upon such terms and conditions as are prescribed by the United States and as are consistent with state law, and all state moneys accepted under this section shall be expended by the Authority upon such terms and conditions as are prescribed by the Commonwealth;","type":"section","prefixes":["17"],"prefix":"17","entire_prefix":"17","prefix_anchor":"17","level":1,"prior_prefix":"16","next_prefix":"18"},"18":{"id":306061,"text":"Adopt, alter, and repeal bylaws, rules, and regulations governing the manner in which its business shall be transacted and the manner in which the powers of the Authority shall be exercised and its duties performed. The Board may delegate or assign any duty or task to be performed by the Authority to any officer or employee of the Authority. The Board shall remain responsible for the performance of any such duties or tasks. Any delegation pursuant to this subdivision shall, where appropriate, be accompanied by written guidelines for the exercise of the duties or tasks delegated. Where appropriate, the guidelines shall require that the Board receive summaries of actions taken. Such delegation or assignment shall not relieve the Board of the responsibility to ensure faithful performance of the duties and tasks;","type":"section","prefixes":["18"],"prefix":"18","entire_prefix":"18","prefix_anchor":"18","level":1,"prior_prefix":"17","next_prefix":"19"},"19":{"id":306062,"text":"Conduct or engage in any lawful business, activity, effort, or project consistent with the Authority’s purposes or necessary or convenient to exercise its powers;","type":"section","prefixes":["19"],"prefix":"19","entire_prefix":"19","prefix_anchor":"19","level":1,"prior_prefix":"18","next_prefix":"20"},"20":{"id":306063,"text":"Develop policies and procedures generally applicable to the procurement of goods, services, and construction, based upon competitive principles;","type":"section","prefixes":["20"],"prefix":"20","entire_prefix":"20","prefix_anchor":"20","level":1,"prior_prefix":"19","next_prefix":"21"},"21":{"id":306064,"text":"Develop policies and procedures consistent with Article 4 (§ 2.2-4347 et seq.) of Chapter 43 of Title 2.2;","type":"section","prefixes":["21"],"prefix":"21","entire_prefix":"21","prefix_anchor":"21","level":1,"prior_prefix":"20","next_prefix":"22"},"22":{"id":306065,"text":"Acquire, purchase, hold, use, lease, or otherwise dispose of any property, real, personal or mixed, tangible or intangible, or any interest therein necessary or desirable for carrying out the purposes of the Authority; lease as lessee any property, real, personal or mixed, tangible or intangible, or any interest therein, at such annual rental and on such terms and conditions as may be determined by the Board; lease as lessor to any person any property, real, personal or mixed, tangible or intangible, or any interest therein, at any time acquired by the Authority, whether wholly or partially completed, at such annual rental and on such terms and conditions as may be determined by the Board; sell, transfer, or convey any property, real, personal or mixed, tangible or intangible, or any interest therein, at any time acquired or held by the Authority on such terms and conditions as may be determined by the Board; and occupy and improve any land or building required for the purposes of this subtitle;","type":"section","prefixes":["22"],"prefix":"22","entire_prefix":"22","prefix_anchor":"22","level":1,"prior_prefix":"21","next_prefix":"23"},"23":{"id":306066,"text":"Purchase, lease, or acquire the use of, by any manner, any plant or equipment that may be considered necessary or useful in carrying into effect the purposes of this subtitle, including rectifying, blending, and processing plants;","type":"section","prefixes":["23"],"prefix":"23","entire_prefix":"23","prefix_anchor":"23","level":1,"prior_prefix":"22","next_prefix":"24"},"24":{"id":306067,"text":"Appoint every agent and employee required for its operations, require any or all of them to give bonds payable to the Commonwealth in such penalty as shall be fixed by the Board, and engage the services of experts and professionals;","type":"section","prefixes":["24"],"prefix":"24","entire_prefix":"24","prefix_anchor":"24","level":1,"prior_prefix":"23","next_prefix":"25"},"25":{"id":306068,"text":"Hold and conduct hearings, issue subpoenas requiring the attendance of witnesses and the production of records, memoranda, papers, and other documents before the Board or any agent of the Board, and administer oaths and take testimony thereunder. The Board may authorize any Board member or agent of the Board to hold and conduct hearings, issue subpoenas, administer oaths and take testimony thereunder, and decide cases, subject to final decision by the Board, on application of any party aggrieved. The Board may enter into consent agreements and may request and accept from any applicant, licensee, or permittee a consent agreement in lieu of proceedings on (i) objections to the issuance of a license or permit or (ii) disciplinary action. Any such consent agreement (a) shall include findings of fact and provisions regarding whether the terms of the consent agreement are confidential and (b) may include an admission or a finding of a violation. A consent agreement shall not be considered a case decision of the Board and shall not be subject to judicial review under the provisions of the Administrative Process Act (§ 2.2-4000 et seq.), but may be considered by the Board in future disciplinary proceedings;","type":"section","prefixes":["25"],"prefix":"25","entire_prefix":"25","prefix_anchor":"25","level":1,"prior_prefix":"24","next_prefix":"26"},"26":{"id":306069,"text":"Make a reasonable charge for preparing and furnishing statistical information and compilations to persons other than (i) officials, including court and police officials, of the Commonwealth and of its subdivisions if the information requested is for official use and (ii) persons who have a personal or legal interest in obtaining the information requested if such information is not to be used for commercial or trade purposes;","type":"section","prefixes":["26"],"prefix":"26","entire_prefix":"26","prefix_anchor":"26","level":1,"prior_prefix":"25","next_prefix":"27"},"27":{"id":306070,"text":"Take appropriate disciplinary action and assess and collect civil penalties and civil charges for violations of this subtitle and Board regulations;","type":"section","prefixes":["27"],"prefix":"27","entire_prefix":"27","prefix_anchor":"27","level":1,"prior_prefix":"26","next_prefix":"28"},"28":{"id":306071,"text":"Review and approve any proposed legislative or regulatory changes suggested by the Chief Executive Officer as the Board deems appropriate;","type":"section","prefixes":["28"],"prefix":"28","entire_prefix":"28","prefix_anchor":"28","level":1,"prior_prefix":"27","next_prefix":"29"},"29":{"id":306072,"text":"Report quarterly to the Secretary of Public Safety and Homeland Security on the law-enforcement activities undertaken to enforce the provisions of this subtitle;","type":"section","prefixes":["29"],"prefix":"29","entire_prefix":"29","prefix_anchor":"29","level":1,"prior_prefix":"28","next_prefix":"30"},"30":{"id":306073,"text":"Establish and collect fees for all permits set forth in this subtitle, including fees associated with applications for such permits;","type":"section","prefixes":["30"],"prefix":"30","entire_prefix":"30","prefix_anchor":"30","level":1,"prior_prefix":"29","next_prefix":"31"},"31":{"id":306074,"text":"Develop and make available on its website guidance documents regarding compliance and safe practices for persons who cultivate marijuana at home for personal use, which shall include information regarding cultivation practices that promote personal and public safety, including child protection, and discourage practices that create a nuisance;","type":"section","prefixes":["31"],"prefix":"31","entire_prefix":"31","prefix_anchor":"31","level":1,"prior_prefix":"30","next_prefix":"32"},"32":{"id":306075,"text":"Develop and make available on its website a resource that provides information regarding (i) responsible marijuana consumption; (ii) health risks and other dangers associated with marijuana consumption, including inability to operate a motor vehicle and other types of transportation and equipment; and (iii) ancillary effects of marijuana consumption, including ineligibility for certain employment opportunities. The Board shall require that the web address for such resource be included on the label of all retail marijuana and retail marijuana product as provided in § 4.1-1402; and","type":"section","prefixes":["32"],"prefix":"32","entire_prefix":"32","prefix_anchor":"32","level":1,"prior_prefix":"31","next_prefix":"33"},"33":{"id":306076,"text":"Do all acts necessary or advisable to carry out the purposes of this subtitle.","type":"section","prefixes":["33"],"prefix":"33","entire_prefix":"33","prefix_anchor":"33","level":1,"prior_prefix":"32"}},"ancestry":[{"id":14477,"edition_id":1,"name":"General Provisions","identifier":"6","label":"chapter","depth":3,"order_by":1,"parent_id":13297,"metadata":{},"date_created":"2026-06-26 03:48:16","date_modified":"2026-06-26 03:48:16","permalink":{"id":219583,"object_type":"structure","relational_id":14477,"identifier":"6","token":"4.1\/II\/6","url":"\/4.1\/II\/6\/","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":71934,"structure_id":14477,"section_number":"4.1-600","catch_line":"Definitions","url":"\/4.1-600\/","token":"4.1\/II\/6\/4.1-600","metadata":false},{"id":57902,"structure_id":14477,"section_number":"4.1-601","catch_line":"Virginia Cannabis Control Authority created; 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audit; annual report","url":"\/4.1-613\/","token":"4.1\/II\/6\/4.1-613","metadata":false},{"id":77437,"structure_id":14477,"section_number":"4.1-614","catch_line":"Disposition of moneys collected by the Board","url":"\/4.1-614\/","token":"4.1\/II\/6\/4.1-614","metadata":false},{"id":74329,"structure_id":14477,"section_number":"4.1-615","catch_line":"Leases and purchases of property by the Board","url":"\/4.1-615\/","token":"4.1\/II\/6\/4.1-615","metadata":false},{"id":60633,"structure_id":14477,"section_number":"4.1-616","catch_line":"Exemptions from taxes or assessments","url":"\/4.1-616\/","token":"4.1\/II\/6\/4.1-616","metadata":false},{"id":63513,"structure_id":14477,"section_number":"4.1-617","catch_line":"Exemption of Authority from personnel and procurement procedures; information systems; etc","url":"\/4.1-617\/","token":"4.1\/II\/6\/4.1-617","metadata":false},{"id":84336,"structure_id":14477,"section_number":"4.1-618","catch_line":"Reversion to the Commonwealth","url":"\/4.1-618\/","token":"4.1\/II\/6\/4.1-618","metadata":false},{"id":75381,"structure_id":14477,"section_number":"4.1-619","catch_line":"Certified mail; subsequent mail or notices may be sent by regular mail; electronic communications as alternative to regular mail; limitation","url":"\/4.1-619\/","token":"4.1\/II\/6\/4.1-619","metadata":false},{"id":84168,"structure_id":14477,"section_number":"4.1-620","catch_line":"Reports and accounting systems of Board; auditing books and records","url":"\/4.1-620\/","token":"4.1\/II\/6\/4.1-620","metadata":false},{"id":58665,"structure_id":14477,"section_number":"4.1-621","catch_line":"Certain information not to be made public","url":"\/4.1-621\/","token":"4.1\/II\/6\/4.1-621","metadata":false},{"id":58528,"structure_id":14477,"section_number":"4.1-622","catch_line":"Criminal history records check required on certain employees; reimbursement of costs","url":"\/4.1-622\/","token":"4.1\/II\/6\/4.1-622","metadata":false},{"id":75563,"structure_id":14477,"section_number":"4.1-623","catch_line":"Employees of the Authority","url":"\/4.1-623\/","token":"4.1\/II\/6\/4.1-623","metadata":false},{"id":67790,"structure_id":14477,"section_number":"4.1-624","catch_line":"Police power of members, agents, and employees of Board","url":"\/4.1-624\/","token":"4.1\/II\/6\/4.1-624","metadata":false},{"id":65436,"structure_id":14477,"section_number":"4.1-625","catch_line":"Liability of Board members; suits by and against Board","url":"\/4.1-625\/","token":"4.1\/II\/6\/4.1-625","metadata":false},{"id":79055,"structure_id":14477,"section_number":"4.1-626","catch_line":"Counsel for members, agents, and employees of Board","url":"\/4.1-626\/","token":"4.1\/II\/6\/4.1-626","metadata":false},{"id":57965,"structure_id":14477,"section_number":"4.1-627","catch_line":"Hearings; representation by counsel","url":"\/4.1-627\/","token":"4.1\/II\/6\/4.1-627","metadata":false},{"id":64256,"structure_id":14477,"section_number":"4.1-628","catch_line":"Hearings; allowances to witnesses","url":"\/4.1-628\/","token":"4.1\/II\/6\/4.1-628","metadata":false},{"id":81327,"structure_id":14477,"section_number":"4.1-629","catch_line":"Reserved","url":"\/4.1-629\/","token":"4.1\/II\/6\/4.1-629","metadata":false}],"previous_section":{"id":66869,"structure_id":14477,"section_number":"4.1-603","catch_line":"Cannabis Public Health Advisory Council; purpose; membership; quorum; meetings; compensation and expenses; duties","url":"\/4.1-603\/","token":"4.1\/II\/6\/4.1-603","metadata":false},"next_section":{"id":61308,"structure_id":14477,"section_number":"4.1-605","catch_line":"Additional powers; mediation; alternative dispute resolution; confidentiality","url":"\/4.1-605\/","token":"4.1\/II\/6\/4.1-605","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/4.1-604\/","history_text":"

The record of this law\u2019s original creation isn\u2019t available online. 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 2023, chapters 740<\/a> and 773<\/a>.<\/p>","references":[{"id":61308,"section_number":"4.1-605","catch_line":"Additional powers; mediation; alternative dispute resolution; confidentiality","order_by":null,"url":"\/4.1-605\/"}],"refers_to":[{"id":86911,"section_number":"2.2-4000","catch_line":"Short title; purpose","order_by":null,"url":"\/2.2-4000\/"},{"id":68973,"section_number":"2.2-4347","catch_line":"Definitions","order_by":null,"url":"\/2.2-4347\/"},{"id":78581,"section_number":"2.2-500","catch_line":"Attorney General to be chief executive officer; duties generally","order_by":null,"url":"\/2.2-500\/"},{"id":68262,"section_number":"4.1-1113","catch_line":"Reserved","order_by":null,"url":"\/4.1-1113\/"},{"id":78250,"section_number":"4.1-1402","catch_line":"Outdoor advertising restrictions; limitations; variances","order_by":null,"url":"\/4.1-1402\/"},{"id":66869,"section_number":"4.1-603","catch_line":"Cannabis Public Health Advisory Council; purpose; membership; quorum; meetings; compensation and expenses; duties","order_by":null,"url":"\/4.1-603\/"},{"id":57582,"section_number":"4.1-606","catch_line":"Regulations of the Board","order_by":null,"url":"\/4.1-606\/"}],"permalink":{"id":219601,"object_type":"law","relational_id":85438,"identifier":"4.1-604","token":"4.1\/II\/6\/4.1-604","url":"\/4.1-604\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/4.1-604\/","token":"4.1\/II\/6\/4.1-604","dublin_core":{"Title":"Powers and duties of the Board","Type":"Text","Format":"text\/html","Identifier":"\u00a7 4.1-604","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

The Board<\/span> shall have the following powers and duties:<\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> Promulgate regulations in accordance with the Administrative Process Act (§ 2.2-4000<\/a> et seq.) and § 4.1-606<\/a>; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> Control the possession<\/span>, sale<\/span>, transportation, and delivery of marijuana and marijuana products<\/span>; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> Grant, suspend, restrict, revoke, or refuse to grant or renew any license or permit issued or authorized pursuant to this subtitle; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

4.<\/span> Determine the nature, form, and capacity of all containers used for holding marijuana products<\/span> to be kept or sold and prescribe the form and content of all labels and seals to be placed thereon; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

5.<\/span> Maintain actions to enjoin common nuisances as defined in § 4.1-1113<\/a>; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

6.<\/span> Establish standards and implement an online course for employees of retail marijuana stores<\/span> that trains employees on how to educate consumers on the potential risks of marijuana use; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

7.<\/span> Establish a plan to develop and disseminate to retail marijuana store<\/span> licensees<\/span> a pamphlet or similar document regarding the potential risks of marijuana use to be prominently displayed and made available to consumers; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

8.<\/span> Establish a position for a Cannabis Social Equity<\/span> Liaison who shall lead the Cannabis Business Equity<\/span> and Diversity Support Team and liaise with the Director of Diversity, Equity<\/span>, and Inclusion on matters related to diversity, equity<\/span>, and inclusion standards in the marijuana industry; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

9.<\/span> Establish a Cannabis Business Equity<\/span> and Diversity Support Team, which shall (i) develop requirements for the creation and submission of diversity, equity<\/span>, and inclusion plans by persons who wish to possess a license in more than one license category pursuant to subsection C of § 4.1-805, which may include a requirement that the licensee<\/span> participate in social equity<\/span> apprenticeship plan, and an approval process and requirements for implementation of such plans; (ii) be responsible for conducting an analysis of potential barriers to entry for small, women-owned, and minority-owned businesses and veteran-owned businesses interested in participating in the marijuana industry and recommending strategies to effectively mitigate such potential barriers; (iii) provide assistance with business planning for potential marijuana establishment<\/span> licensees<\/span>; (iv) spread awareness of business opportunities related to the marijuana marketplace in areas disproportionately impacted by marijuana prohibition and enforcement; (v) provide technical assistance in navigating the administrative process to potential marijuana establishment<\/span> licensees<\/span>; and (vi) conduct other outreach initiatives in areas disproportionately impacted by marijuana prohibition and enforcement as necessary; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

10.<\/span> Establish a position for an individual with professional experience in a health related field who shall staff the Cannabis Public Health Advisory Council, established pursuant to § 4.1-603<\/a>, liaise with the Office of the Secretary of Health and Human Resources and relevant health and human services agencies and organizations, and perform other duties as needed; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

11.<\/span> Establish and implement a plan, in coordination with the Cannabis Social Equity<\/span> Liaison and the Director of Diversity, Equity<\/span>, and Inclusion to promote and encourage participation in the marijuana industry by people from communities that have been disproportionately impacted by marijuana prohibition and enforcement and to positively impact those communities; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

12.<\/span> Sue and be sued, implead and be impleaded, and complain and defend in all courts<\/span>; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

13.<\/span> Adopt, use, and alter at will a common seal; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

14.<\/span> Fix, alter, charge, and collect rates, rentals, fees, and other charges for the use of property of, the sale<\/span> of products of, or services rendered by the Authority<\/span> at rates to be determined by the Authority<\/span> for the purpose of providing for the payment of the expenses of the Authority<\/span>; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

15.<\/span> Make and enter into all contracts<\/span> and agreements necessary or incidental to the performance of its duties, the furtherance of its purposes, and the execution of its powers under this subtitle, including agreements with any person or federal agency; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

16.<\/span> Employ, at its discretion, consultants, researchers, architects, engineers, accountants, financial experts, investment bankers, superintendents, managers, and such other employees and special agents<\/span> as may be necessary and fix their compensation to be payable from funds made available to the Authority<\/span>. Legal services for the Authority<\/span> shall be provided by the Attorney General<\/span> in accordance with Chapter 5 (§ 2.2-500<\/a> et seq.) of Title 2.2; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

17.<\/span> Receive and accept from any federal or private agency, foundation, corporation, association, or person grants or other aid to be expended in accomplishing the objectives of the Authority<\/span>, and receive and accept from the Commonwealth or any state and any municipality, county, or other political subdivision thereof or from any other source aid or contributions of either money, property, or other things of value, to be held, used, and applied only for the purposes for which such grants and contributions may be made. All federal moneys accepted under this section shall be accepted and expended by the Authority<\/span> upon such terms and conditions as are prescribed by the United States and as are consistent with state law<\/span>, and all state moneys accepted under this section shall be expended by the Authority<\/span> upon such terms and conditions as are prescribed by the Commonwealth; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

18.<\/span> Adopt, alter, and repeal bylaws, rules, and regulations governing the manner in which its business shall be transacted and the manner in which the powers of the Authority<\/span> shall be exercised and its duties performed. The Board<\/span> may delegate or assign any duty or task to be performed by the Authority<\/span> to any officer or employee of the Authority<\/span>. The Board<\/span> shall remain responsible for the performance of any such duties or tasks. Any delegation pursuant to this subdivision shall, where appropriate, be accompanied by written guidelines for the exercise of the duties or tasks delegated. Where appropriate, the guidelines shall require that the Board<\/span> receive summaries of actions taken. Such delegation or assignment shall not relieve the Board<\/span> of the responsibility to ensure faithful performance of the duties and tasks; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

19.<\/span> Conduct or engage in any lawful business, activity, effort, or project consistent with the Authority<\/span>’s purposes or necessary or convenient to exercise its powers; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

20.<\/span> Develop policies and procedures generally applicable to the procurement of goods, services, and construction, based upon competitive principles; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

21.<\/span> Develop policies and procedures consistent with Article 4 (§ 2.2-4347<\/a> et seq.) of Chapter 43 of Title 2.2; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

22.<\/span> Acquire, purchase, hold, use, lease, or otherwise dispose of any property, real, personal or mixed, tangible or intangible, or any interest therein necessary or desirable for carrying out the purposes of the Authority<\/span>; lease as lessee any property, real, personal or mixed, tangible or intangible, or any interest therein, at such annual rental and on such terms and conditions as may be determined by the Board<\/span>; lease as lessor to any person any property, real, personal or mixed, tangible or intangible, or any interest therein, at any time acquired by the Authority<\/span>, whether wholly or partially completed, at such annual rental and on such terms and conditions as may be determined by the Board<\/span>; sell<\/span>, transfer, or convey any property, real, personal or mixed, tangible or intangible, or any interest therein, at any time acquired or held by the Authority<\/span> on such terms and conditions as may be determined by the Board<\/span>; and occupy and improve any land or building required for the purposes of this subtitle; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

23.<\/span> Purchase, lease, or acquire the use of, by any manner, any plant or equipment that may be considered necessary or useful in carrying into effect the purposes of this subtitle, including rectifying, blending, and processing plants; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

24.<\/span> Appoint every agent and employee required for its operations, require any or all of them to give bonds<\/span> payable to the Commonwealth in such penalty<\/span> as shall be fixed by the Board<\/span>, and engage the services of experts and professionals; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

25.<\/span> Hold and conduct hearings<\/span>, issue<\/span> subpoenas<\/span> requiring the attendance of witnesses and the production of records, memoranda, papers, and other documents before the Board<\/span> or any agent of the Board<\/span>, and administer oaths<\/span> and take testimony<\/span> thereunder. The Board<\/span> may authorize any Board<\/span> member or agent of the Board<\/span> to hold and conduct hearings<\/span>, issue<\/span> subpoenas<\/span>, administer oaths<\/span> and take testimony<\/span> thereunder, and decide cases, subject to final decision by the Board<\/span>, on application of any party<\/span> aggrieved. The Board<\/span> may enter into consent agreements and may request and accept from any applicant, licensee<\/span>, or permittee a consent agreement in lieu of proceedings on (i) objections to the issuance of a license or permit or (ii) disciplinary action. Any such consent agreement (a) shall include findings<\/span> of fact<\/span> and provisions regarding whether the terms of the consent agreement are confidential and (b) may include an admission or a finding<\/span> of a violation. A consent agreement shall not be considered a case decision of the Board<\/span> and shall not be subject to judicial review under the provisions of the Administrative Process Act (§ 2.2-4000<\/a> et seq.), but may be considered by the Board<\/span> in future disciplinary proceedings; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

26.<\/span> Make a reasonable charge for preparing and furnishing statistical information and compilations to persons other than (i) officials, including court<\/span> and police officials, of the Commonwealth and of its subdivisions if the information requested is for official use and (ii) persons who have a personal or legal interest in obtaining the information requested if such information is not to be used for commercial or trade purposes; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

27.<\/span> Take appropriate disciplinary action and assess and collect civil penalties and civil charges for violations of this subtitle and Board<\/span> regulations; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

28.<\/span> Review and approve any proposed legislative or regulatory changes suggested by the Chief Executive Officer as the Board<\/span> deems appropriate; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

29.<\/span> Report quarterly to the Secretary of Public Safety and Homeland Security on the law<\/span>-enforcement activities undertaken to enforce the provisions of this subtitle; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

30.<\/span> Establish and collect fees for all permits set forth in this subtitle, including fees associated with applications for such permits; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

31.<\/span> Develop and make available on its website guidance documents regarding compliance and safe practices for persons who cultivate<\/span> marijuana at home for personal use, which shall include information regarding cultivation<\/span> practices that promote personal and public safety, including child protection, and discourage practices that create a nuisance; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

32.<\/span> Develop and make available on its website a resource that provides information regarding (i) responsible marijuana consumption; (ii) health risks and other dangers associated with marijuana consumption, including inability to operate a motor vehicle and other types of transportation and equipment; and (iii) ancillary effects of marijuana consumption, including ineligibility for certain employment opportunities. The Board<\/span> shall require that the web address for such resource be included on the label of all retail marijuana and retail marijuana product as provided in § 4.1-1402<\/a>; and <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

33.<\/span> Do all acts necessary or advisable to carry out the purposes of this subtitle. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nPOWERS AND DUTIES OF THE BOARD (\u00a7 4.1-604)\n\nThe Board shall have the following powers and duties:\n\n1. Promulgate regulations in accordance with the Administrative Process Act\n(§ 2.2-4000 et seq.) and § 4.1-606;\n\n2. Control the possession, sale, transportation, and delivery of marijuana and\nmarijuana products;\n\n3. Grant, suspend, restrict, revoke, or refuse to grant or renew any license or\npermit issued or authorized pursuant to this subtitle;\n\n4. Determine the nature, form, and capacity of all containers used for holding\nmarijuana products to be kept or sold and prescribe the form and content of all\nlabels and seals to be placed thereon;\n\n5. Maintain actions to enjoin common nuisances as defined in § 4.1-1113;\n\n6. Establish standards and implement an online course for employees of retail\nmarijuana stores that trains employees on how to educate consumers on the\npotential risks of marijuana use;\n\n7. Establish a plan to develop and disseminate to retail marijuana store\nlicensees a pamphlet or similar document regarding the potential risks of\nmarijuana use to be prominently displayed and made available to consumers;\n\n8. Establish a position for a Cannabis Social Equity Liaison who shall lead the\nCannabis Business Equity and Diversity Support Team and liaise with the Director\nof Diversity, Equity, and Inclusion on matters related to diversity, equity, and\ninclusion standards in the marijuana industry;\n\n9. Establish a Cannabis Business Equity and Diversity Support Team, which shall\n(i) develop requirements for the creation and submission of diversity, equity,\nand inclusion plans by persons who wish to possess a license in more than one\nlicense category pursuant to subsection C of § 4.1-805, which may include a\nrequirement that the licensee participate in social equity apprenticeship plan,\nand an approval process and requirements for implementation of such plans; (ii)\nbe responsible for conducting an analysis of potential barriers to entry for\nsmall, women-owned, and minority-owned businesses and veteran-owned businesses\ninterested in participating in the marijuana industry and recommending\nstrategies to effectively mitigate such potential barriers; (iii) provide\nassistance with business planning for potential marijuana establishment\nlicensees; (iv) spread awareness of business opportunities related to the\nmarijuana marketplace in areas disproportionately impacted by marijuana\nprohibition and enforcement; (v) provide technical assistance in navigating the\nadministrative process to potential marijuana establishment licensees; and (vi)\nconduct other outreach initiatives in areas disproportionately impacted by\nmarijuana prohibition and enforcement as necessary;\n\n10. Establish a position for an individual with professional experience in a\nhealth related field who shall staff the Cannabis Public Health Advisory\nCouncil, established pursuant to § 4.1-603, liaise with the Office of the\nSecretary of Health and Human Resources and relevant health and human services\nagencies and organizations, and perform other duties as needed;\n\n11. Establish and implement a plan, in coordination with the Cannabis Social\nEquity Liaison and the Director of Diversity, Equity, and Inclusion to promote\nand encourage participation in the marijuana industry by people from communities\nthat have been disproportionately impacted by marijuana prohibition and\nenforcement and to positively impact those communities;\n\n12. Sue and be sued, implead and be impleaded, and complain and defend in all\ncourts;\n\n13. Adopt, use, and alter at will a common seal;\n\n14. Fix, alter, charge, and collect rates, rentals, fees, and other charges for\nthe use of property of, the sale of products of, or services rendered by the\nAuthority at rates to be determined by the Authority for the purpose of\nproviding for the payment of the expenses of the Authority;\n\n15. Make and enter into all contracts and agreements necessary or incidental to\nthe performance of its duties, the furtherance of its purposes, and the\nexecution of its powers under this subtitle, including agreements with any\nperson or federal agency;\n\n16. Employ, at its discretion, consultants, researchers, architects, engineers,\naccountants, financial experts, investment bankers, superintendents, managers,\nand such other employees and special agents as may be necessary and fix their\ncompensation to be payable from funds made available to the Authority. Legal\nservices for the Authority shall be provided by the Attorney General in\naccordance with Chapter 5 (§ 2.2-500 et seq.) of Title 2.2;\n\n17. Receive and accept from any federal or private agency, foundation,\ncorporation, association, or person grants or other aid to be expended in\naccomplishing the objectives of the Authority, and receive and accept from the\nCommonwealth or any state and any municipality, county, or other political\nsubdivision thereof or from any other source aid or contributions of either\nmoney, property, or other things of value, to be held, used, and applied only\nfor the purposes for which such grants and contributions may be made. All\nfederal moneys accepted under this section shall be accepted and expended by the\nAuthority upon such terms and conditions as are prescribed by the United States\nand as are consistent with state law, and all state moneys accepted under this\nsection shall be expended by the Authority upon such terms and conditions as are\nprescribed by the Commonwealth;\n\n18. Adopt, alter, and repeal bylaws, rules, and regulations governing the manner\nin which its business shall be transacted and the manner in which the powers of\nthe Authority shall be exercised and its duties performed. The Board may\ndelegate or assign any duty or task to be performed by the Authority to any\nofficer or employee of the Authority. The Board shall remain responsible for the\nperformance of any such duties or tasks. Any delegation pursuant to this\nsubdivision shall, where appropriate, be accompanied by written guidelines for\nthe exercise of the duties or tasks delegated. Where appropriate, the guidelines\nshall require that the Board receive summaries of actions taken. Such delegation\nor assignment shall not relieve the Board of the responsibility to ensure\nfaithful performance of the duties and tasks;\n\n19. Conduct or engage in any lawful business, activity, effort, or project\nconsistent with the Authority’s purposes or necessary or convenient to\nexercise its powers;\n\n20. Develop policies and procedures generally applicable to the procurement of\ngoods, services, and construction, based upon competitive principles;\n\n21. Develop policies and procedures consistent with Article 4 (§ 2.2-4347\net seq.) of Chapter 43 of Title 2.2;\n\n22. Acquire, purchase, hold, use, lease, or otherwise dispose of any property,\nreal, personal or mixed, tangible or intangible, or any interest therein\nnecessary or desirable for carrying out the purposes of the Authority; lease as\nlessee any property, real, personal or mixed, tangible or intangible, or any\ninterest therein, at such annual rental and on such terms and conditions as may\nbe determined by the Board; lease as lessor to any person any property, real,\npersonal or mixed, tangible or intangible, or any interest therein, at any time\nacquired by the Authority, whether wholly or partially completed, at such annual\nrental and on such terms and conditions as may be determined by the Board; sell,\ntransfer, or convey any property, real, personal or mixed, tangible or\nintangible, or any interest therein, at any time acquired or held by the\nAuthority on such terms and conditions as may be determined by the Board; and\noccupy and improve any land or building required for the purposes of this\nsubtitle;\n\n23. Purchase, lease, or acquire the use of, by any manner, any plant or\nequipment that may be considered necessary or useful in carrying into effect the\npurposes of this subtitle, including rectifying, blending, and processing\nplants;\n\n24. Appoint every agent and employee required for its operations, require any or\nall of them to give bonds payable to the Commonwealth in such penalty as shall\nbe fixed by the Board, and engage the services of experts and professionals;\n\n25. Hold and conduct hearings, issue subpoenas requiring the attendance of\nwitnesses and the production of records, memoranda, papers, and other documents\nbefore the Board or any agent of the Board, and administer oaths and take\ntestimony thereunder. The Board may authorize any Board member or agent of the\nBoard to hold and conduct hearings, issue subpoenas, administer oaths and take\ntestimony thereunder, and decide cases, subject to final decision by the Board,\non application of any party aggrieved. The Board may enter into consent\nagreements and may request and accept from any applicant, licensee, or permittee\na consent agreement in lieu of proceedings on (i) objections to the issuance of\na license or permit or (ii) disciplinary action. Any such consent agreement (a)\nshall include findings of fact and provisions regarding whether the terms of the\nconsent agreement are confidential and (b) may include an admission or a finding\nof a violation. A consent agreement shall not be considered a case decision of\nthe Board and shall not be subject to judicial review under the provisions of\nthe Administrative Process Act (§ 2.2-4000 et seq.), but may be considered\nby the Board in future disciplinary proceedings;\n\n26. Make a reasonable charge for preparing and furnishing statistical\ninformation and compilations to persons other than (i) officials, including\ncourt and police officials, of the Commonwealth and of its subdivisions if the\ninformation requested is for official use and (ii) persons who have a personal\nor legal interest in obtaining the information requested if such information is\nnot to be used for commercial or trade purposes;\n\n27. Take appropriate disciplinary action and assess and collect civil penalties\nand civil charges for violations of this subtitle and Board regulations;\n\n28. Review and approve any proposed legislative or regulatory changes suggested\nby the Chief Executive Officer as the Board deems appropriate;\n\n29. Report quarterly to the Secretary of Public Safety and Homeland Security on\nthe law-enforcement activities undertaken to enforce the provisions of this\nsubtitle;\n\n30. Establish and collect fees for all permits set forth in this subtitle,\nincluding fees associated with applications for such permits;\n\n31. Develop and make available on its website guidance documents regarding\ncompliance and safe practices for persons who cultivate marijuana at home for\npersonal use, which shall include information regarding cultivation practices\nthat promote personal and public safety, including child protection, and\ndiscourage practices that create a nuisance;\n\n32. Develop and make available on its website a resource that provides\ninformation regarding (i) responsible marijuana consumption; (ii) health risks\nand other dangers associated with marijuana consumption, including inability to\noperate a motor vehicle and other types of transportation and equipment; and\n(iii) ancillary effects of marijuana consumption, including ineligibility for\ncertain employment opportunities. The Board shall require that the web address\nfor such resource be included on the label of all retail marijuana and retail\nmarijuana product as provided in § 4.1-1402; and\n\n33. Do all acts necessary or advisable to carry out the purposes of this\nsubtitle.\n\nHISTORY: 2021, Sp. Sess. I, cc. 550, 551; 2023, cc. 740, 773.","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}}