<?xml version="1.0"?>
<law><site_title>Virginia Decoded</site_title><site_url>https://vacode.org</site_url><law_id>71934</law_id><section_number>4.1-600</section_number><catch_line>Definitions</catch_line><edition url="https://vacode.org/2025/" slug="2025" current="TRUE" last_updated="">2025</edition><referred_to_by><reference>3.2-4123</reference><reference>4.1-600</reference><reference>54.1-3443</reference><reference>59.1-200</reference></referred_to_by><structure><unit label="title" level="1" order_by="1" identifier="4.1">Alcoholic Beverage and Cannabis Control</unit><unit label="subtitle" level="2" order_by="1" identifier="II">Cannabis Control Act</unit><unit label="chapter" level="3" order_by="1" identifier="6">General Provisions</unit></structure><text>
						<section><p>As used in this subtitle, unless the context requires a different meaning:
		&#x201C;<span class="dictionary">Advertisement</span>&#x201D; or &#x201C;<span class="dictionary">advertising</span>&#x201D; means any written or verbal statement, illustration, or depiction that is calculated to induce <span class="dictionary">sales</span> of retail marijuana, <span class="dictionary">retail marijuana products</span>, marijuana plants, or marijuana seeds, including any written, printed, graphic, digital, electronic, or other <span class="dictionary">material</span>, billboard, sign, or other outdoor display, publication, or radio or television broadcast.
		&#x201C;<span class="dictionary">Authority</span>&#x201D; means the Virginia Cannabis Control <span class="dictionary">Authority</span> created pursuant to this subtitle.
		&#x201C;<span class="dictionary">Board</span>&#x201D; means the <span class="dictionary">Board</span> of Directors of the Virginia Cannabis Control <span class="dictionary">Authority</span>.
		&#x201C;<span class="dictionary">Cannabis Control Act</span>&#x201D; means Subtitle II (&#xA7;&#xA0;<a class="law" title="Definitions" href="/4.1-600/">4.1-600</a> et seq.).
		&#x201C;Child-resistant&#x201D; means, with respect to packaging or a container, (i) specially designed or constructed to be significantly difficult for a typical child under five years of age to open and not to be significantly difficult for a typical adult to open and reseal and (ii) for any product intended for more than a single use or that contains multiple servings, resealable.
		&#x201C;Cultivation&#x201D; or &#x201C;<span class="dictionary">cultivate</span>&#x201D; means the planting, propagation, growing, harvesting, drying, curing, grading, trimming, or other similar processing of marijuana for use or <span class="dictionary">sale</span>. &#x201C;Cultivation&#x201D; or &#x201C;<span class="dictionary">cultivate</span>&#x201D; does not include manufacturing or testing.
		&#x201C;<span class="dictionary">Edible marijuana product</span>&#x201D; means a marijuana product intended to be consumed orally, including marijuana intended to be consumed orally or <span class="dictionary">marijuana concentrate</span> intended to be consumed orally.
		&#x201C;<span class="dictionary">Immature plant</span>&#x201D; means a nonflowering marijuana plant that is no taller than eight inches and no wider than eight inches, is produced from a cutting, clipping, or seedling, and is growing in a container.
		&#x201C;<span class="dictionary">Licensed</span>&#x201D; means the holding of a valid license granted by the <span class="dictionary">Authority</span>.
		&#x201C;<span class="dictionary">Licensee</span>&#x201D; means any person to whom a license has been granted by the <span class="dictionary">Authority</span>.
		&#x201C;Manufacturing&#x201D; or &#x201C;<span class="dictionary">manufacture</span>&#x201D; means the production of marijuana products or the blending, infusing, compounding, or other preparation of marijuana and marijuana products, including marijuana extraction or preparation by means of chemical synthesis. &#x201C;Manufacturing&#x201D; or &#x201C;<span class="dictionary">manufacture</span>&#x201D; does not include cultivation or testing.
		&#x201C;Marijuana&#x201D; means any part of a plant of the genus Cannabis, whether growing or not, its seeds or resin; and every compound, <span class="dictionary">manufacture</span>, salt, derivative, mixture, or preparation of such plant, its seeds, its resin, or any extract containing one or more cannabinoids. &#x201C;Marijuana&#x201D; does not include (i) the mature stalks of such plant, fiber produced from such stalk, or oil or cake made from the seed of such plant, unless such stalks, fiber, oil, or cake is combined with other parts of plants of the genus Cannabis; (ii) industrial hemp, as defined in &#xA7;&#xA0;<a class="law" title="Definitions" href="/3.2-4112/">3.2-4112</a>, that is possessed by a person registered pursuant to subsection A of &#xA7;&#xA0;<a class="law" title="Issuance of registrations; exemption" href="/3.2-4115/">3.2-4115</a> or his agent; (iii) industrial hemp, as defined in &#xA7;&#xA0;<a class="law" title="Definitions" href="/3.2-4112/">3.2-4112</a>, that is possessed by a person who holds a hemp producer license issued by the U.S. Department of Agriculture pursuant to 7 C.F.R. Part 990; (iv) a hemp product, as defined in &#xA7;&#xA0;<a class="law" title="Definitions" href="/3.2-4112/">3.2-4112</a>; (v) an industrial hemp extract, as defined in &#xA7;&#xA0;<a class="law" title="Definitions" href="/3.2-5145.1/">3.2-5145.1</a>; or (vi) any substance containing a tetrahydrocannabinol isomer, ester, ether, salt, or salts of such isomer, ester, or ether that has been placed by the <span class="dictionary">Board</span> of Pharmacy into one of the <span class="dictionary">schedules</span> set forth in the Drug Control Act (&#xA7;&#xA0;<a class="law" title="Citation" href="/54.1-3400/">54.1-3400</a> et seq.) pursuant to &#xA7;&#xA0;<a class="law" title="Board to administer article" href="/54.1-3443/">54.1-3443</a>.
		&#x201C;<span class="dictionary">Marijuana concentrate</span>&#x201D; means marijuana that has undergone a process to concentrate one or more active cannabinoids, thereby increasing the product&#x2019;s potency. Resin from granular trichomes from a marijuana plant is a concentrate for purposes of this subtitle.
		&#x201C;<span class="dictionary">Marijuana cultivation facility</span>&#x201D; means a facility <span class="dictionary">licensed</span> under this subtitle to <span class="dictionary">cultivate</span>, label, and package retail marijuana; to purchase or take <span class="dictionary">possession</span> of marijuana plants and seeds from other marijuana cultivation facilities; to transfer <span class="dictionary">possession</span> of and <span class="dictionary">sell</span> retail marijuana, immature marijuana plants, and marijuana seeds to <span class="dictionary">marijuana wholesalers</span> and <span class="dictionary">retail marijuana stores</span>; to transfer <span class="dictionary">possession</span> of and <span class="dictionary">sell</span> retail marijuana, marijuana plants, and marijuana seeds to other marijuana cultivation facilities; to transfer <span class="dictionary">possession</span> of and <span class="dictionary">sell</span> retail marijuana to marijuana manufacturing facilities; and to <span class="dictionary">sell</span> immature marijuana plants and marijuana seeds to consumers for the purpose of cultivating marijuana at home for personal use.
		&#x201C;<span class="dictionary">Marijuana establishment</span>&#x201D; means a <span class="dictionary">marijuana cultivation facility</span>, a <span class="dictionary">marijuana testing facility</span>, a <span class="dictionary">marijuana manufacturing facility</span>, a <span class="dictionary">marijuana wholesaler</span>, or a <span class="dictionary">retail marijuana store</span>.
		&#x201C;<span class="dictionary">Marijuana manufacturing facility</span>&#x201D; means a facility <span class="dictionary">licensed</span> under this subtitle to <span class="dictionary">manufacture</span>, label, and package retail marijuana and <span class="dictionary">retail marijuana products</span>; to purchase or take <span class="dictionary">possession</span> of retail marijuana from a <span class="dictionary">marijuana cultivation facility</span> or another <span class="dictionary">marijuana manufacturing facility</span>; and to transfer <span class="dictionary">possession</span> of and <span class="dictionary">sell</span> retail marijuana and <span class="dictionary">retail marijuana products</span> to <span class="dictionary">marijuana wholesalers</span>, <span class="dictionary">retail marijuana stores</span>, or other marijuana manufacturing facilities.
		&#x201C;<span class="dictionary">Marijuana paraphernalia</span>&#x201D; means all equipment, products, and <span class="dictionary">materials</span> of any kind that are either designed for use or are intended for use in planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing, strength testing, analyzing, packaging, repackaging, storing, containing, concealing, ingesting, inhaling, or otherwise introducing into the human body marijuana.
		&#x201C;Marijuana products&#x201D; means (i) products that are composed of marijuana and other ingredients and are intended for use or consumption, ointments, and tinctures or (ii) <span class="dictionary">marijuana concentrate</span>.
		&#x201C;<span class="dictionary">Marijuana testing facility</span>&#x201D; means a facility <span class="dictionary">licensed</span> under this subtitle to develop, research, or <span class="dictionary">test</span> marijuana, marijuana products, and other substances.
		&#x201C;<span class="dictionary">Marijuana wholesaler</span>&#x201D; means a facility <span class="dictionary">licensed</span> under this subtitle to purchase or take <span class="dictionary">possession</span> of retail marijuana, <span class="dictionary">retail marijuana products</span>, immature marijuana plants, and marijuana seeds from a <span class="dictionary">marijuana cultivation facility</span>, a <span class="dictionary">marijuana manufacturing facility</span>, or another <span class="dictionary">marijuana wholesaler</span> and to transfer <span class="dictionary">possession</span> and <span class="dictionary">sell</span> or resell retail marijuana, <span class="dictionary">retail marijuana products</span>, immature marijuana plants, and marijuana seeds to a <span class="dictionary">marijuana cultivation facility</span>, <span class="dictionary">marijuana manufacturing facility</span>, <span class="dictionary">retail marijuana store</span>, or another <span class="dictionary">marijuana wholesaler</span>.
		&#x201C;Non-retail marijuana&#x201D; means marijuana that is not cultivated, manufactured, or sold by a <span class="dictionary">licensed</span> <span class="dictionary">marijuana establishment</span>.
		&#x201C;<span class="dictionary">Non-<span class="dictionary">retail marijuana products</span></span>&#x201D; means marijuana products that are not manufactured and sold by a <span class="dictionary">licensed</span> <span class="dictionary">marijuana establishment</span>.
		&#x201C;<span class="dictionary">Place or premises</span>&#x201D; means the real estate, together with any buildings or other improvements thereon, designated in the application for a license as the place at which the cultivation, <span class="dictionary">manufacture</span>, <span class="dictionary">sale</span>, or testing of retail marijuana or <span class="dictionary">retail marijuana products</span> shall be performed, except that portion of any such building or other improvement actually and exclusively used as a private <span class="dictionary">residence</span>.
		&#x201C;<span class="dictionary">Public place</span>&#x201D; means any place, building, or conveyance to which the public has, or is permitted to have, access, including restaurants, soda fountains, hotel dining areas, lobbies and corridors of hotels, and any park, place of public resort or amusement, highway, street, lane, or sidewalk adjoining any highway, street, or lane.
		&#x201C;<span class="dictionary">Residence</span>&#x201D; means any building or part of a building or structure where a person resides, but does not include any part of a building that is not actually and exclusively used as a private <span class="dictionary">residence</span>, nor any part of a hotel or club other than a private guest room thereof.
		&#x201C;Retail marijuana&#x201D; means marijuana that is cultivated, manufactured, or sold by a <span class="dictionary">licensed</span> <span class="dictionary">marijuana establishment</span>.
		&#x201C;<span class="dictionary">Retail marijuana products</span>&#x201D; means marijuana products that are manufactured and sold by a <span class="dictionary">licensed</span> <span class="dictionary">marijuana establishment</span>.
		&#x201C;<span class="dictionary">Retail marijuana store</span>&#x201D; means a facility <span class="dictionary">licensed</span> under this subtitle to purchase or take <span class="dictionary">possession</span> of retail marijuana, <span class="dictionary">retail marijuana products</span>, immature marijuana plants, or marijuana seeds from a <span class="dictionary">marijuana cultivation facility</span>, <span class="dictionary">marijuana manufacturing facility</span>, or <span class="dictionary">marijuana wholesaler</span> and to <span class="dictionary">sell</span> retail marijuana, <span class="dictionary">retail marijuana products</span>, immature marijuana plants, or marijuana seeds to consumers.
		&#x201C;<span class="dictionary">Sale</span>&#x201D; and &#x201C;<span class="dictionary">sell</span>&#x201D; includes soliciting or receiving an <span class="dictionary">order</span> for; keeping, offering, or exposing for <span class="dictionary">sale</span>; peddling, exchanging, or bartering; or delivering otherwise than gratuitously, by any means, retail marijuana or <span class="dictionary">retail marijuana products</span>.
		&#x201C;<span class="dictionary">Special agent</span>&#x201D; means an employee of the Virginia Cannabis Control <span class="dictionary">Authority</span> whom the <span class="dictionary">Board</span> has designated as a <span class="dictionary">law</span>-enforcement officer pursuant to this subtitle.
		&#x201C;Testing&#x201D; or &#x201C;<span class="dictionary">test</span>&#x201D; means the research and analysis of marijuana, marijuana products, or other substances for contaminants, safety, or potency. &#x201C;Testing&#x201D; or &#x201C;<span class="dictionary">test</span>&#x201D; does not include cultivation or manufacturing.
		&#x201C;Tetrahydrocannabinol&#x201D; means the same as that term is defined in &#xA7;&#xA0;<a class="law" title="Definitions" href="/3.2-4112/">3.2-4112</a>.
		&#x201C;<span class="dictionary">Total tetrahydrocannabinol</span>&#x201D; means the same as that term is defined in &#xA7;&#xA0;<a class="law" title="Definitions" href="/3.2-4112/">3.2-4112</a>.</p></section></text><history>2021, Sp. Sess. I, cc. 550, 551; 2023, cc. 744, 794.</history><metadata></metadata></law>
