                                 CODE OF VIRGINIA

CERTIFICATION FOR USE OF CANNABIS FOR TREATMENT (§ 4.1-1601)

A. A practitioner in the course of his professional practice may issue a written
certification for the use of cannabis products for treatment or to alleviate the
symptoms of any diagnosed condition or disease determined by the practitioner to
benefit from such use. The practitioner shall use his professional judgment to
determine the manner and frequency of patient care and evaluation and may employ
the use of telemedicine, provided that the use of telemedicine includes the
delivery of patient care through real-time interactive audiovisual technology.
No practitioner may issue a written certification while such practitioner is on
the premises of a pharmaceutical processor or cannabis dispensing facility. A
pharmaceutical processor shall not endorse or promote any practitioner who
issues certifications to patients. If a practitioner determines it is consistent
with the standard of care to dispense botanical cannabis to a minor, the written
certification shall specifically authorize such dispensing. If not specifically
included on the initial written certification, authorization for botanical
cannabis may be communicated verbally or in writing to the pharmacist at the
time of dispensing. A practitioner who issues written certifications shall not
directly or indirectly accept, solicit, or receive anything of value from a
pharmaceutical processor, cannabis dispensing facility, or any person associated
with a pharmaceutical processor, cannabis dispensing facility, or provider of
paraphernalia, excluding information on products or educational materials on the
benefits and risks of cannabis products.

B. The written certification shall be on a form provided by the Authority. Such
written certification shall contain the name, address, and telephone number of
the practitioner, the name and address of the patient issued the written
certification, the date on which the written certification was made, and the
signature or authentic electronic signature of the practitioner. Such written
certification issued pursuant to subsection A shall expire one year after its
issuance unless the practitioner provides in such written certification an
earlier expiration. A written certification shall not be issued to a patient by
more than one practitioner during any given time period.

C. No practitioner shall be prosecuted under &#xA7; 18.2-248 or 18.2-248.1 for
the issuance of a certification for the use of cannabis products for the
treatment or to alleviate the symptoms of a patient&#8217;s diagnosed condition
or disease pursuant to a written certification issued pursuant to subsection A.
Nothing in this section shall preclude a practitioner&#8217;s professional
licensing board from sanctioning the practitioner for failing to properly
evaluate or treat a patient&#8217;s medical condition or otherwise violating the
applicable standard of care for evaluating or treating medical conditions.

D. A practitioner who issues a written certification to a patient pursuant to
this section (i) shall hold sufficient education and training to exercise
appropriate professional judgment in the certification of patients; (ii) shall
not offer a discount or any other thing of value to a patient or a
patient&#8217;s parent, guardian, or registered agent that is contingent on or
encourages the person&#8217;s decision to use a particular pharmaceutical
processor or cannabis product; (iii) shall not issue a certification to himself
or his family members, employees, or coworkers; (iv) shall not provide product
samples containing cannabis other than those approved by the U.S. Food and Drug
Administration; and (v) shall not accept compensation from a pharmaceutical
processor or cannabis dispensing facility. The Board shall not limit the number
of patients to whom a practitioner may issue a written certification. The Board
may report information to the applicable licensing board on unusual patterns of
certifications issued by a practitioner.

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

F. A patient, or, if such patient is a minor or a vulnerable adult as defined in
&#xA7; 18.2-369, such patient&#8217;s parent or legal guardian, may designate an
individual to act as his registered agent for the purposes of receiving cannabis
products pursuant to a valid written certification. Such designated individual
shall register with the Board unless the individual&#8217;s name listed on the
patient&#8217;s written certification. An individual may, on the basis of
medical need and in the discretion of the patient&#8217;s registered
practitioner, be listed on the patient&#8217;s written certification upon the
patient&#8217;s request. The Board may set a limit on the number of patients for
whom any individual is authorized to act as a registered agent.

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

H. Information obtained under the patient certification or agent registration
process shall be confidential and shall not be subject to the disclosure
provisions of the Virginia Freedom of Information Act (&#xA7; 2.2-3700 et seq.).
However, reasonable access to registry information shall be provided to (i) the
Chairmen of the House and Senate Committees for Courts of Justice, (ii) state
and federal agencies or local law enforcement for the purpose of investigating
or prosecuting a specific individual for a specific violation of law, (iii)
licensed practitioners or pharmacists, or their agents, for the purpose of
providing patient care and drug therapy management and monitoring of drugs
obtained by a patient, (iv) a pharmaceutical processor or cannabis dispensing
facility involved in the treatment of a patient, or (v) a patient&#8217;s
registered agent, but only with respect to information related to such patient.

HISTORY: 2023, cc. 740, 760, 773, 780, 799.