In Virginia, a medical marijuana (MMJ) card is a patient identification card awarded by the State's Board of Pharmacy, once any state resident registers as a medical marijuana patient. Virginia medical marijuana cardholders are granted patient rights per the statehouse bill 2312, these rights include and are not limited to access to all dispensaries within the state, protection from criminal convictions for marijuana possession, and access to effective medical marijuana treatments. The American Civil Liberties Union (ACLU) In their legislative analysis of Virginia, estimated around $67,244,864 in tax payer's dollars spent in the enforcement of marijuana laws in past years, this has lead to an increase in the push for decriminalization of marijuana in the state, to be implemented 1 July 2021, which would make Virginia the first southern and the 17th state to decriminalized marijuana.
All Legal residents of Virginia can apply for an MMJ, although applications approval can be limited by the following factors;
Applicant's Age: in Virginia, only residents above 21 years are permitted to own an MMJ card, hence minors in need of medical marijuana treatments are required to register a caregiver on their behalf, while also applying as a medical marijuana patient.
Virginian residency: any state resident applying for an MMJ card would have to provide their current Virginia address to prove their state residency by providing any form identifications, these can be in the form of a state-issued ID card or tax receipts.
Lack of a state-licensed physician recommendation: Virginia code § 54.1-3408.3 requires, state residents provision of a written certification from a state-licensed physician that validates the resident has a medical condition capable of being treated by medical marijuana use for MMJ card application approval, the lack thereof will lead to non-approval of such MMJ card applications.
Gun ownership: par the gun control act of 1968 under federal laws, disallowed the ownership of guns by individuals that partake in the use of controlled substances, since marijuana is still labeled as a controlled substance under federal laws and there are no Virginia state laws in place that states otherwise, hence gun ownership can limit state residents MMJ card application approval.
Minors( patients under 18 years) in Virginia aren't allowed to directly obtain MMJ cards, instead, they would require a registered caregiver/agent to help in their administration of medical marijuana, and its purchase from state-licensed dispensaries. These caregivers are often the minor's parents or legal guardians.
Minors are still required to register as medical marijuana patients with the Virginia board of pharmacy while registering their caregivers.
A number of conditions would have to be met to legally qualify Virginians for an MMJ card, the most common conditions include:
Written certification by a state-licensed physician: This encompasses consultation with a state-licensed physician to ascertain whether an individual's medical conditions can benefit from medical marijuana treatments, where a written certification would be provided by these physicians to qualify the individual for an MMJ card.
Evidence of legal residency in Virginia: provided residents can certify their residency in the state, by providing a state identification (ID) card or a valid VA driver's license, this qualifies them for an MMJ card in Virginia.
Medical conditions: Virginia state residents diagnosed with one or more medical conditions that can be treated with medical marijuana treatments are qualified for an MMJ card within Virginia, these medical conditions include;
Cachexia and wasting syndrome.
Inflammatory bowel disease (IBD).
multiple sclerosis (MS).
Post-traumatic stress disorder (PTSD.)
In Virginia, the Department of Health Professions is responsible for the processing of MMJ card applications and card distribution. The agency provides mainly two methods for MMJ card applications;
In-person applications can be made by;
Consulting with a licensed physician: Search Virginia's licensed physician database to find and validate physicians' licenses, registered with the Virginia board of pharmacy, and a date for consultation with the licensed physician.
Getting certification from a licensed physician: Consult with the licensed physician to ascertain if you have any medical conditions that qualify you for an MMJ card and get a written certification for medical marijuana use, when your medical condition qualifies you.
State registration: you are required to register with the Virginia board of pharmacy, this process involves submitting your written medical marijuana certifications from a licensed physician and any form of identification that proofs the applicants qualifying age, state residency, and identities such as a Virginian government-issued ID card or a VA driver's license at;
Virginia board of pharmacy
9960 Mayland drive
Suite 300
Richmound, VA 23233
Phone: (804) 367-4456.
Medical marijuana identification cards(MMIC) are state-issued forms of identification given to medical marijuana patients or their caregivers in cases where patients are minors. Virginia caregivers need to be at least 21 years old to apply, caregivers would have to register with the state's Department of Health Professions online by;
Minors would also have to register as a medical patient by;
After which, the minor's written marijuana certification along with their parents or legal guardian proof of residency in form of a state-issued ID card or a valid driver's license, can then send these documents to the Virginia board of pharmacy at;
Virginia board of pharmacy
9960 Mayland drive
Suite 300
Richmound, VA 23233
Phone: (804) 367-4456.
It's important to note that minors and their parents or legal guardians without prior licenses issued by the Virginia department of health professions would need to create a new user ID to login into the initial application portal.
Applicants can expect to get their MMIC after successfully submitting their application to the state Board of Pharmacy between 7-6 working days. Cards are mailed to the applicant's address provided in their applications.
In cases where candidates'' applications are denied, they can contact the Virginia board of pharmacy at (804) 367-4456 or visit their main office to inquire on why their applications were denied and set a feasible date with the agency for their application resubmission.
Virginians can start their MMJ card applications online, through the state's Department of Health Professions' initial application portal. Applicants should be greeted by a login page, requesting a user ID and password. Applicants without prior licenses issued by the state's Department of Health Professions would need to create a new user Id on the register a person portal, by providing their social security number and last name. After which the following steps can be applied to complete registration;
Step 1: login and select initial application.
Step 2: on the "profession" input field select "pharmaceutical processing".
Step 3: for "license type" field select "registered patient for cannabis oil".
Step 4: under "obtained by method" field select "Initial application" and click on the "start application" button.
Step 5: scan and preferably mail all necessary documents such as the applicant's medical marijuana certification by a state-licensed physician, proof of residency(state-issued ID card), and birth certificate or driver license for age verification to;
Virginia board of pharmacy
9960 Mayland drive
Suite 300
Richmound, VA 23233
Phone: (804) 367-4456
Virginian applicants can also opt to fax at (804) 527-4472 or email at cbd@dhp.viriginia.gov all necessary documents
In Virginia, medical marijuana patient applications require a one-time fee of $50, while caregivers are charged $25 in application fees. This fee covers the applicant's medical marijuana card cost and it's addressed to the state's Board of Pharmacy. State licensed physicians written certifications fees aren't fixed, hence is up to the physician's discretion and can charge wards of $150 for consultations.
Renewal of Virginia medical marijuana cards are made annually through the state's Department of Health Professions online licensing portal, caregivers are charged $25 in renewal fees while patients are charged $50. For denied renewal, applicants can contact the Virginia board of pharmacy at (804) 367-4456 or visit their office to ascertain why their application was denied.
Documents needed to apply for a medical cannabis card in Virginians includes;
A written state-licensed physician certification: These are written certifications provided by a Rhode Island licensed physician to prove an individual has a medical condition that can benefit from medical marijuana use.
A form of identification: Such as a state-issued ID.
Proof of residency: This includes documents that have the applicant's current Virginia address clearly stated such as tax receipts.
Social security number: This would be used by applicants without prior licenses issued by the state's Board of Pharmacy, on the initial application portal, to create a new ID in order to start a medical marijuana patient application or a caregiver application.
Yes, the health insurance portability and accountability act (HIPAA) protects specific health information of an individual from disclosure without their consent by "covered entries" which includes dispensaries. Health informations include identifiers such as names and addresses of patients. Violations of HIPAA are punishable by fines between $100 to $50,000 per patient information leaked depending on the agencies non-compliance level, broken into four tiers;
Tier1: covered entries without reasonable knowledge of data breach, between $100 to $50,000 per patient.
Tier2: covered entries knowing of data breach and intentionally no acting to address these breaches, between $1,000 to $50,000 per patient.
Tier3: covered entries, acting within 30days to correct data breaches, between $10,000 to $50,000 per.
Tier4: covered entries failure to address breaches on time, $50,000 per patient.
Patients information that appears of a Virginia medical marijuana card includes the following;
No, this depends on whether the registry is HIPAA compliant or not. Virginians should note, registries that contain patient records such as dispensaries and other healthcare providers are protected under HIPAA, as "covered entries" hence, these registries can not be used in tracking patients down.