                                 CODE OF VIRGINIA

USE OF TERMS &#8220;CONTROLLED SUBSTANCES,&#8221; &#8220;MARIJUANA,&#8221;
&#8220;SCHEDULES I, II, III, IV, V, AND VI,&#8221; &#8220;IMITATION CONTROLLED
SUBSTANCE,&#8221; AND &#8220;COUNTERFEIT CONTROLLED SUBSTANCE&#8221; IN TITLE
18.2 (§ 18.2-247)

A. Wherever the terms &#8220;controlled substances&#8221; and &#8220;Schedules
I, II, III, IV, V, and VI&#8221; are used in Title 18.2, such terms refer to
those terms as they are used or defined in the Drug Control Act (&#xA7;
54.1-3400 et seq.).

B. The term &#8220;imitation controlled substance&#8221; when used in this
article means (i) a counterfeit controlled substance or (ii) a pill, capsule,
tablet, or substance in any form whatsoever which is not a controlled substance
subject to abuse, and:

   1. Which by overall dosage unit appearance, including color, shape, size,
   marking and packaging or by representations made, would cause the likelihood
   that such a pill, capsule, tablet, or substance in any other form whatsoever
   will be mistaken for a controlled substance unless such substance was
   introduced into commerce prior to the initial introduction into commerce of
   the controlled substance which it is alleged to imitate; or

   2. Which by express or implied representations purports to act like a
   controlled substance as a stimulant or depressant of the central nervous
   system and which is not commonly used or recognized for use in that particular
   formulation for any purpose other than for such stimulant or depressant
   effect, unless marketed, promoted, or sold as permitted by the U.S. Food and
   Drug Administration.

C. In determining whether a pill, capsule, tablet, or substance in any other
form whatsoever, is an &#8220;imitation controlled substance,&#8221; there shall
be considered, in addition to all other relevant factors, comparisons with
accepted methods of marketing for legitimate nonprescription drugs for medicinal
purposes rather than for drug abuse or any similar nonmedicinal use, including
consideration of the packaging of the drug and its appearance in overall
finished dosage form, promotional materials or representations, oral or written,
concerning the drug, and the methods of distribution of the drug and where and
how it is sold to the public.

D. The term &#8220;marijuana&#8221; when used in this article means any part of
a plant of the genus Cannabis, whether growing or not, its seeds or resin; and
every compound, manufacture, salt, derivative, mixture, or preparation of such
plant, its seeds, its resin, or any extract containing one or more cannabinoids.
&#8220;Marijuana&#8221; does not include (i) the mature stalks of such plant,
fiber produced from such stalk, 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; 3.2-4112, that is
possessed by a person registered pursuant to subsection A of &#xA7; 3.2-4115 or
his agent; (iii) industrial hemp, as defined in &#xA7; 3.2-4112, 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; 3.2-4112; (v) an industrial hemp extract, as defined in &#xA7;
3.2-5145.1; 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 Board of Pharmacy into one of the schedules set forth in the Drug Control
Act (&#xA7; 54.1-3400 et seq.) pursuant to &#xA7; 54.1-3443.

E. The term &#8220;counterfeit controlled substance&#8221; means a controlled
substance that, without authorization, bears, is packaged in a container or
wrapper that bears, or is otherwise labeled to bear, the trademark, trade name,
or other identifying mark, imprint or device or any likeness thereof, of a drug
manufacturer, processor, packer, or distributor other than the manufacturer,
processor, packer, or distributor who did in fact so manufacture, process, pack
or distribute such drug.

F. The term &#8220;tetrahydrocannabinol&#8221; means any naturally occurring or
synthetic tetrahydrocannabinol, including its salts, isomers, and salts of
isomers whenever the existence of such salts, isomers, and salts of isomers is
possible within the specific chemical designation and any preparation, mixture,
or substance containing, or mixed or infused with, any detectable amount of
tetrahydrocannabinol. For the purposes of this definition, &#8220;isomer&#8221;
means the optical, position, and geometric isomers.

G. The term &#8220;total tetrahydrocannabinol&#8221; means the sum, after the
application of any necessary conversion factor, of the percentage by weight of
tetrahydrocannabinol and the percentage by weight of tetrahydrocannabinolic
acid.

H. The Department of Forensic Science shall determine the proper methods for
detecting the concentration of tetrahydrocannabinol in substances for the
purposes of this title, Chapter 11 (&#xA7; 4.1-1100 et seq.) of Title 4.1, and
&#xA7; 54.1-3401. The testing methodology shall use post-decarboxylation testing
or other equivalent method and shall consider the potential conversion of
tetrahydrocannabinolic acid into tetrahydrocannabinol.

HISTORY: 1975, cc. 14, 15; 1979, c. 435; 1982, c. 462; 1984, c. 684; 1992, c.
756; 1999, cc. 661, 722; 2004, c. 688; 2019, cc. 653, 654; 2020, cc. 831, 1285,
1286; 2021, Sp. Sess. I, c. 110; 2023, cc. 744, 794.