Hanover County permits the cultivation of medical cannabis and cannabis for personal use by adults aged 21 and above. The Code of Virginia Title 54.1, Chapter 34, Article 4.2 governs the cultivation of medical cannabis. On the other hand, the cultivation of adult-use cannabis is subject to compliance with the Code of Virginia Title 4.1 Subtitle II or the Cannabis Control Act. Although the adult use of cannabis is now legal (possession of up to 1 ounce), the legislative framework for adult-use cannabis commercial sales is yet to be developed, making the purchase and sale of adult-use cannabis illegal as of August 2023.
Pharmaceutical processors have been permitted by the Virginia Board of Pharmacy since 2018, with the first medical cannabis dispensary operating by August 2020. These permittees are authorized to cultivate medical cannabis plants, manufacture cannabis products, and dispense medical cannabis to a patient with a written certification or their registered agent if minor or vulnerable. The application for a pharmaceutical processor permit involves three steps – submission of the initial application, awarding conditional approval, and granting a pharmaceutical processor permit. Fees include an initial application fee worth $10,000, a permit fee of $60,000, and an annual renewal fee of $10,000.
Medical cannabis must only be cultivated in the approved facility at the address recorded during the application for a permit. An initial comprehensive inventory of all cannabis plants should be conducted before it commences business, then a weekly inventory thereafter. A pharmaceutical processor may only grow the number of cannabis plants required to supply the estimated number of patients during the first nine months of operation. After that, the processor cannot have more cannabis products on hand than is necessary for regular, effective operations.
As per the Cannabis Control Act, Hanover County adult residents may cultivate four cannabis plants for personal use per household. Plants should not be visible to the unaided eye, and unauthorized access to cultivation areas should be prevented. A tag containing the adult’s name, identification number, and a note stating that cannabis is being cultivated for personal use must be attached to each cannabis plant.
Adult-use cannabis may be cultivated by marijuana cultivation facilities beginning in 2024. However, the legislative framework for marijuana establishments is yet to be implemented. These facilities are licensed to grow, label, package, sell, and transfer retail cannabis, immature plants, and seeds to wholesalers, retail stores, manufacturing facilities, and consumers. Outdoor and greenhouse cultivation is allowed if lighting, physical security, and alarm system requirements are met.
Yes, it is legal. The Board permits pharmaceutical processors to produce cannabis oil, botanical cannabis, usable cannabis, and other cannabis products. After processing and before dispensing any cannabis products, the pharmaceutical processor must make a sample of each batch of cannabis product available for testing by an independent Virginia laboratory that complies with Board regulations.
Medical cannabis products must be assigned an expiration date based on confirmed stability testing that considers the product's stability after opening and its shelf life. It must have complete, accurate, simple-to-read, consistent labels across all brands and products. At a minimum, labels should display the product name, active and inactive ingredients, tetrahydrocannabinol and cannabidiol content, recommended serving size, directions for use, and warning statements.
Although the adult use of cannabis was legalized in 2021, no cannabis manufacturing facility are licensed by the Board as of August 2023. Once licensed marijuana manufacturing facilities are authorized, they may begin manufacturing, labeling, and packaging retail marijuana products for sale and transfer to other facilities.
The production of marijuana concentrates from homegrown marijuana is strictly prohibited.
Adult-use cannabis retail sale in Hanover County is yet to begin until the General Assembly reenacts the legislative framework for creating an adult-use retail market.
Meanwhile, Hanover County medical marijuana patients with a valid written certification may visit the medical cannabis dispensaries in the Commonwealth. Only pharmacists may dispense cannabis products. The products must be kept in a secure, opaque to light, and childproof container, except if requested to be in a non-child-resistant container, provided all labeling is maintained with the product. Pharmacy technicians may help in dispensing if directly supervised by a pharmacist.
A 90-day supply of medical cannabis, regardless of the type of cannabis product, may be dispensed at any time. However, only four ounces of botanical cannabis may be dispensed every 30 days. A pharmacist must consider all cannabis products that have been purchased based on records and adjust the dosage accordingly when deciding the right amount of cannabis product to be given to a patient during the 90 days.
Medical cannabis delivery in Hanover County is unlawful as of August 2023. Cannabis products may only be purchased from dispensaries at the recorded address on the awarded permit. However, this may change by January 2024, when one of the provisions of the Cannabis Control Act is executed. Pharmaceutical processors and medical cannabis dispensaries may deliver cannabis to patients with a valid written certification, the patient’s registered agent, and minor or vulnerable patients.
The Cannabis Control Act also created the Virginia Cannabis Control Authority. The Authority regulates the possession, retail, transport, distribution, and delivery of retail marijuana in the Commonwealth. Once the legislative framework is developed and implemented, delivery of retail marijuana may also be available.
A medical marijuana card is no longer required in Hanover County since July 2022 under the approval of HB933 in the Commonwealth. Alternatively, Hanover County residents must obtain a valid written certification from a Board-registered practitioner for medical cannabis. The practitioner is responsible for evaluating the benefits of using medical cannabis for the patient’s medical condition.
To apply as a Registered Patient For Medical Cannabis or Registered Parent/Guardian of Medical Cannabis, an online application must be completed upon obtaining a written certification. Application requirements include a copy of the written certification, proof of residency, proof of identity, and proof of age of the patient. Patients should also pay a $50 application fee, while parents/legal guardians should pay $25.
For inquiries, the Board may be reached at:
Virginia Board of Pharmacy
Perimeter Center
9960 Mayland Drive, Suite 300, Henrico, VA 23233
Fax – (804) 527-4472
Email: cbd@dhp.virginia.gov
Hanover County executes the Commonwealth’s tax imposed on cannabis sales. As of August 2023, a 5.30% tax is added on all medical cannabis sales. While the retail of adult-use marijuana remains unlawful, tax may be imposed once a legislative framework is approved by the General Assembly in 2024 – a 5.30% sales tax plus a 21% excise tax and an optional 3% local sales tax. All collected tax is set to be appropriated as follows:
Analysis of the impact of the legalization of cannabis in Hanover County and the Commonwealth in general may be performed once data are available.
The Commonwealth of Virginia legalized the medical use of cannabis in 2018 and decriminalized the possession of one ounce of adult-use marijuana in 2021. Since then, Hanover County has recorded decreasing crime rates related to cannabis.
The Hanover County Sheriff’s Office reports the following data on the FBI Crime Data Explorer: