                                 CODE OF VIRGINIA

POWERS AND DUTIES OF THE BOARD (§ 4.1-604)

The Board shall have the following powers and duties:

1. Promulgate regulations in accordance with the Administrative Process Act
(&#xA7; 2.2-4000 et seq.) and &#xA7; 4.1-606;

2. Control the possession, sale, transportation, and delivery of marijuana and
marijuana products;

3. Grant, suspend, restrict, revoke, or refuse to grant or renew any license or
permit issued or authorized pursuant to this subtitle;

4. 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;

5. Maintain actions to enjoin common nuisances as defined in &#xA7; 4.1-1113;

6. 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;

7. 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;

8. 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;

9. 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 &#xA7; 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. 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 &#xA7; 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. 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;

12. Sue and be sued, implead and be impleaded, and complain and defend in all
courts;

13. Adopt, use, and alter at will a common seal;

14. 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;

15. 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;

16. 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 (&#xA7; 2.2-500 et seq.) of Title 2.2;

17. 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;

18. 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;

19. Conduct or engage in any lawful business, activity, effort, or project
consistent with the Authority&#8217;s purposes or necessary or convenient to
exercise its powers;

20. Develop policies and procedures generally applicable to the procurement of
goods, services, and construction, based upon competitive principles;

21. Develop policies and procedures consistent with Article 4 (&#xA7; 2.2-4347
et seq.) of Chapter 43 of Title 2.2;

22. 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;

23. 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;

24. 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;

25. 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 (&#xA7; 2.2-4000 et seq.), but may be considered
by the Board in future disciplinary proceedings;

26. 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;

27. Take appropriate disciplinary action and assess and collect civil penalties
and civil charges for violations of this subtitle and Board regulations;

28. Review and approve any proposed legislative or regulatory changes suggested
by the Chief Executive Officer as the Board deems appropriate;

29. Report quarterly to the Secretary of Public Safety and Homeland Security on
the law-enforcement activities undertaken to enforce the provisions of this
subtitle;

30. Establish and collect fees for all permits set forth in this subtitle,
including fees associated with applications for such permits;

31. 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;

32. 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 &#xA7; 4.1-1402; and

33. Do all acts necessary or advisable to carry out the purposes of this
subtitle.

HISTORY: 2021, Sp. Sess. I, cc. 550, 551; 2023, cc. 740, 773.