Licensed cannabis cultivation in Spotsylvania County for medical use was legalized by the Code of Virginia’s Chapter 34 Article 4.2 in 2018. It authorized the State of Virginia’s Board of Pharmacy to issue medical cannabis pharmaceutical processor licenses allowing commercial medical cannabis cultivation. In 2021, the Cannabis Control Act or Title 4.1 Subtitle II of the Code of Virginia legalized the adult use of cannabis by people who are 21 years old and above. However, the Cannabis Control Authority (CCA) it created could not issue adult-use cannabis cultivation business licenses until after the General Assembly has reenacted the provisions for it. As of July 2023, this has not happened yet.
The medical cannabis pharmaceutical processor licensee is allowed to cultivate cannabis, manufacture medical cannabis products, and sell medical cannabis and medical cannabis products to certified patients and their parents, guardians, or agents. The State of Virginia’s Board of Pharmacy has been authorized to grant five medical cannabis pharmaceutical processor permits, but the application period ended on December 4, 2020. As of July 2023, four licenses had been granted, while the fifth was under process.
The home cultivation of cannabis by Spotsylvania County residents who are 21 years old and above was legalized by the Cannabis Control Act with no need for a license effective July 1, 2021. The cultivation is only allowed in the grower’s primary residence. No matter how many age-qualified adults live in one household, the maximum number of cannabis plants that can be grown is four.
The home cultivation area must not be visible from a public vantage point and must be secured against access by minors. Each plant must bear a tag with the grower’s name and ID number. There must be a note stating that it is being grown for personal use only in accordance with the law.
It is illegal to sell homegrown cannabis. The sharing of up to one ounce of homegrown cannabis with another age-qualified adult is allowed provided there is nothing given in exchange.
Licensed medical cannabis product manufacturing in Spotsylvania County was legalized by Chapter 34 Article 4.2 of the Code of Virginia. The same medical cannabis pharmaceutical processor license issued by the Virginia Board of Pharmacy authorizes the holder to manufacture medical cannabis products. While the Cannabis Control Act legalized the adult use of cannabis by people who are 21 years old and above, there is no license available yet from the CCA for adult-use cannabis product manufacturing businesses because the state’s General Assembly has not yet reenacted the necessary provisions as of July 2023.
Hence, as of July 2023, the four medical cannabis pharmaceutical processor licensees of the Virginia Board of Pharmacy were the only medical cannabis product manufacturers in the state.
Home growers of cannabis are not allowed by the Cannabis Control Act Section 4.1-1101 to process cannabis concentrate from the cannabis plants they cultivate for personal use.
Licensed medical cannabis retail in Spotsylvania County was legalized by the Code of Virginia’s Chapter 34 Article 4.2, and the medical cannabis pharmaceutical processor license granted by the Virginia Board of Pharmacy allows the retail selling of medical cannabis and medical cannabis products to certified patients and their parents, guardians, or agents. On the other hand, although the adult use of cannabis by people who are 21 years old and above was legalized by the Cannabis Control Act, the CCA still could not grant licenses for adult-use cannabis dispensaries as of July 2023 pending the reenactment of certain provisions by the state’s General Assembly. Hence, sales of adult-use cannabis in the state were not yet legal as of July 2023.
The four medical cannabis pharmaceutical processor licensees approved by the Board of Pharmacy had a total of 20 medical cannabis dispensary locations throughout the state as of July 2023, with none in Spotsylvania County.
A guidance document from the State of Virginia’s Board of Pharmacy states that a distance of over 1,000 feet must be maintained between a licensed medical cannabis pharmaceutical processor’s dispensing facility and a school or daycare facility.
The Regulations Governing Pharmaceutical Processors state that a licensed medical cannabis pharmaceutical processor must put a licensed pharmacist in charge of each of its dispensing facility locations, to be present during business hours. A pharmacy intern, who is required to have at least a year of pharmaceutical study, and a registered pharmacy technician may assist the licensed pharmacist.
The State of Virginia’s Administrative Code 18VAC110-60-310 requires that before every sale, the licensed pharmacist must ensure that the valid photo ID and cannabis certification of the purchaser is checked and verified against the Virginia Prescription Monitoring Program (PMP) online. A copy of the certification must be made and kept in the dispensary facility for two years.
The licensed dispensary is allowed to sell to each patient only a 90-day supply of medical cannabis and medical cannabis products within that time period, in any number of transactions. Among the items purchased by the patient, only four ounces of botanical forms of medical cannabis are allowed every 30 days. The licensed dispensary may also sell the necessary devices for the administration of medical cannabis.
The Regulations Governing Pharmaceutical Processors of the State of Virginia’s Board of Pharmacy does not permit medical cannabis pharmaceutical processor licensees to deliver to the homes of certified patients and their parents, guardians, or agents the medical cannabis and medical cannabis products they have purchased.
The certified patient or the patient’s parents, guardians, or agents must purchase the medical cannabis and medical cannabis products on-site at a licensed medical cannabis pharmaceutical processor dispensary. The patient’s parents, guardians, or agents are, however, allowed to deliver to the patient’s home the medical cannabis items they have purchased on behalf of the patient.
Moreover, licensed medical cannabis pharmaceutical processors are allowed to transport medical cannabis and medical cannabis products amongst themselves and among the medical cannabis facilities they own.
According to the State of Virginia’s Board of Pharmacy, the enactment of HB933 removed the need for a medical cannabis card as of July 1, 2022. In its place, patients from Spotsylvania County must obtain from a Board-registered medical practitioner a written certification that they will benefit from medical cannabis treatment to treat or ease the symptoms of their illness.
The medical practitioner must name a parent or legal guardian in the written certification if the patient is either a minor or an adult with mental or physical incapacity. This must be accompanied by a valid photo ID issued by the government when presented to a licensed medical cannabis dispensary.
The patient or the patient’s parent or legal guardian may also assign a registered agent for the patient. If the agent is not named in the patient’s written certification, the agent must register with the State of Virginia’s Board of Pharmacy. There is a $25 registration fee. The annual renewal fee is the same.
Inquiries may be directed to the following:
Board of Pharmacy
Email: cbd@dhp.virginia.gov
There is no mention of taxes on medical cannabis and medical cannabis products in the Code of Virginia’s Chapter 34 Article 4.2. However, fees from applications, licenses, permits, and renewals of medical cannabis businesses have earned the following types of revenue for the State of Virginia:
Medical cannabis pharmaceutical processor license application | $10,000 |
Medical cannabis pharmaceutical processor license | $60,000 |
Medical cannabis pharmaceutical processor license annual renewal | $10,000 |
Medical cannabis pharmaceutical processor medical cannabis dispensary permit | $5,000 |
Medical cannabis pharmaceutical processor medical cannabis dispensary permit annual renewal | $1,500 |
Since there has been no licensed medical cannabis pharmaceutical processor dispensary facility in Spotsylvania County as of July 2023, it has not contributed to these revenues.
There are no taxes set yet for adult-use cannabis in the State of Virginia because the General Assembly has yet to reenact the needed provisions for adult-use cannabis business licensing.
Medical cannabis was legalized in Spotsylvania County in 2018, and adult-use cannabis was legalized in 2021. However, while the retail selling of medical cannabis is ongoing, the retail selling of adult-use cannabis has not yet begun. Access to adult-use cannabis is only from permitted home cultivation by people who are 21 years old and above.
Data sent by the Spotsylvania County Sheriff's Office to the Crime Explorer page of the FBI shows that in 2017, a year before the legalization of medical cannabis, there were 249 marijuana possession arrests and 24 marijuana sales arrests, totaling 273 marijuana offense arrests.
In 2019, a year after the legalization of medical cannabis, there were 126 marijuana possession arrests and 23 marijuana sales arrests, totaling 149 marijuana offense arrests.
In 2021, the latest available data showed 23 marijuana possession arrests and two marijuana sales arrests, totaling 25 marijuana offense arrests.
The number of DUI arrests in those years was as follows: