Updated on September 25, 2019. Medical content reviewed by Dr. Joseph Rosado, MD, M.B.A, Chief Medical Officer
2019 Update: Virginia has formally passed SB1719 which expands upon House Bill 1251. Please see Recent Legislation Changes below for the complete update.
Virginia Board of Pharmacy
P. O. Box 360
Trenton, NJ 08625-0360
Phone: (609) 292-0424
Contact Form: New Jersey Medical Marijuana Program
Website: Virginia CBD & THC-A Program Website
Medical marijuana in Virginia is no longer limited to an extremely small minority of seriously ill patients, but it is not what would commonly be referred to as a true medicinal cannabis program. Virginia now allows patients suffering from a condition, determined at the discretion of a doctor, to utilize Cannabidiol (CBD) or Tetrahydrocannabinolic Acid (THC-A) Oil. The State of Virginia has a legalized CBD & THC-A which allows patients to receive a written certification from a licensed practitioner & register with Virginia Board of Pharmacy which will allow the patient to purchase CBD and THC-A Oil, while providing an affirmative defense, for medicinal use as per Virginia state law. A patient may be recommended CBD or THC-A Oil if a licensed Physician, Nurse Practitioner or Physicians Assistant believes a patient will benefit from it. People suffering from any condition, the practitioner believes may benefit from treatment, using CBD or THC-A Oil can now purchase and possess this medicine without fear of legal repercussions. The new laws provide an affirmative defense for a patient, parent or legal guardian to possess cannabidiol (CBD) oil or THC-A oil, as defined in §54.1-3408.3 of the Code of Virginia who has been issued a valid written certification from a licensed Physician, Nurse Practitioner or Physician’s Assistant who maintains a current registration with the Board of Pharmacy.
Since the medical marijuana program in Virginia is still in its infancy, please be sure to visit our site frequently to get the most up-to-date laws that pertain to the Virginia medical marijuana program.
July 2019 – Virginia passed SB1719 effective July 1, 2019. This bill expands upon HB1251 by now allowing licensed Nurse Practitioners & Physician Assistants to issue written certifications, in addition to licensed physicians. SB1719 also expands upon the products that pharmaceutical processors can offer. In addition to oils, CBD & THC-A can be offered in other forms such as capsules, topicals, lozenges, etc. pursuant to the processor and what they will offer. The bill also expands upon the allowance of THC in any product. The limit of THC has been increased from 5% THC to no more than 10% THC in any product. Companion bills were also introduced to supplement SB1719. HB1720/SB1632 allows School Nurses, persons employed by local health department assigned to public schools and any other person employed or contracted by a local school board delivering health-related services to utilize CBD or THC-A oil to any student with a valid certification, in accordance with any policy adopted by a local school board, without fear of prosecution. No school board shall be required to expel or suspend any student with a valid certification
March 2019 – Virginia passed House Bill 1251 on March 9, 2018. This law allowed any physician who is licensed to practice medicine or osteopathy to issue written certifications for CBD or THC-A oil. CBD Oil must contain at least 15% cannabidiol and THC-A oil must contain no more than 5% THC.
Although Virginia now has legal Low-THC Medical Marijuana, you still cannot possess cannabis or use it recreationally. Patients who are registered with Virginia’s Board of Pharmacy will have an affirmative defense, as defined in §54.1-3408.3.
If you don’t have a written certification issued by the Virginia Board of Pharmacy, you can still get charged with cannabis-related offenses. Find out the charges you can face for being in possession of marijuana.