Frequently Asked Questions
Patients, Parents, or Legal Guardians
Q: Who is eligible for obtaining medical cannabis?
A: The law restricts the use of medical cannabis products to a patient or, if such patient is a minor or a vulnerable adult as defined in 18.2-369, such patient's parent or legal guardian, for treatment or to alleviate the symptoms of any diagnosed condition or disease determined by the practitioner to benefit from such use.
Effective July 1, 2022, HB933 removes the requirement for patients, parents, and legal guardians to register with the Board of Pharmacy. A Written Certification for the Use of Medical Cannabis from a medical practitioner is still required and must be presented at the dispensary, along with a government-issued ID, to obtain medical cannabis products. Showing proof of registration with the Board of Pharmacy is not required.
Optional Registration Card
While the law no longer requires a patient, parent, or legal guardian to obtain registration from the Board, an optional registration card for medical cannabis may be obtained for $50. To obtain the optional card, submit the online application, $50 application fee, copy of the Written Certification for the Use of Medical Cannabis and proof of age, identity and residency to the Board. Allow approximately 10 business days for processing a complete application. Applications submitted with incomplete information cannot be processed. Once the registration is issued, a digital medical cannabis registration card will be available to the patient, parent, or legal guardian.
Q: What is the registration fee for a patient?
A: The initial registration fee is $50 and the annual renewal fee is $50.
Q: What is the registration fee for a parent or legal guardian?
A: The initial registration fee is $25 and the annual renewal fee is $25.
Q: If the patient is a minor or a vulnerable adult as defined in 18.2-369, what must a parent/legal guardian do to obtain medical cannabis products for the patient?
A: The parent or legal guardian must be listed on the written certification provided for the patient from the practitioner.
Q: Where can I obtain medical cannabis in Virginia?
A: A list of medical cannabis dispensing locations may be found here.
Q: Are botanical cannabis products available?
A: Botanical cannabis products are currently available for dispensing to medical cannabis patients.
Q: May botanical cannabis be dispensed to a minor patient?
A: Yes, botanical cannabis may be dispensed to minor patients. However, any practitioner intending to treat a minor patient with botanical cannabis must authorize such use on the written certification form.
Q: Can I purchase cannabis products in other states with my Virginia medical cannabis patient credentials?
A: Other states may honor Virginia patient credentials to purchase and consume cannabis products within their state. Each state establishes their own regulations regarding visitor purchase allowances. It is recommended that you review the requirements of the state you are planning to visit.
Registered Agent
Q: What is a registered agent?
A: A patient, or the patient’s parent or legal guardian, may choose a registered agent to receive medical cannabis on behalf of the patient.
Q: Is an agent required to obtain registration from the Board prior to receiving medical cannabis on behalf of a patient?
A: Registration is only required under certain circumstances. Upon the patient's request and within the practitioner's discretion, the practitioner may record the name of the patient's agent on the written certification based on the patient's medical need for medical cannabis. Under these circumstances, the agent is not required to obtain registration from the Board of Pharmacy prior to picking up or receiving medical cannabis on behalf of the patient.
If the name of the agent is not recorded on the patient's written certification, then the agent must first obtain registration from the Board of Pharmacy prior to picking up or receiving medical cannabis on behalf of the patient.
Q: How many patients can I act as the registered agent for?
A: An individual may serve as a registered agent for no more than 2 patients.
Q: What other conditions must be met to legally possess medical cannabis products?
A: If the practitioner has added the agent’s name to the patient’s written certification, the agent is not required to register with the Board of Pharmacy. If the agent’s name is not listed on the written certification, the agent must apply for registration with the Board of Pharmacy before being able to obtain medical cannabis on behalf of the patient.
Q: What is the registration fee for a registered agent?
A: The initial registration fee is $25 and the annual renewal fee is $25.
Practitioners
Q: Who is eligible for obtaining medical cannabis?
A: The law restricts the use of medical cannabis products to a patient or, if such patient is a minor or an vulnerable adult as defined in 18.2-369, such patient's parent or guardian for treatment or to alleviate the symptoms of any diagnosed condition or disease determined by the practitioner to benefit from such use.
Effective July 1, 2022, HB933 removes the requirement for patients, parents, and legal guardians to register with the Board of Pharmacy. A Written Certification for the Use of Medical Cannabis from a Registered Practitioner for Medical Cannabis is still required and must be presented at the dispensary, along with a government-issued ID, to obtain medical cannabis products. Showing proof of registration with the Board of Pharmacy will no longer be required.
Optional Registration Card
While the law no longer requires a patient, parent, or legal guardian to obtain registration from the Board, an optional registration card for medical cannabis may be obtained for $50. To obtain the optional card, submit the online application, $50 application fee, copy of the Written Certification for the Use of Medical Cannabis and proof of age, identity and residency to the Board. Allow approximately 10 business days for processing a complete application. Applications submitted with incomplete information cannot be processed. Once the registration is issued, a digital medical cannabis registration card will be available to the patient, parent, or legal guardian.
Q: What practitioners are eligible to issue a written certification for recommending the use of medical cannabis?
A: A practitioner of medicine or osteopathy, or a physician assistant, licensed by the Board of Medicine, or a nurse practitioner jointly licensed by the Board of Medicine and the Board of Nursing.
Q: Must a practitioner obtain Board of Pharmacy registration prior to or continuing to issue a written certification for a patient to possess medical cannabis products?
A: Effective July 1, 2023, HB1896/SB1337 removed the requirement for a practitioner of medicine or osteopathy, or a physician assistant, licensed by the Board of Medicine, or a nurse practitioner jointly licensed by the Board of Medicine and the Board of Nursing to register with the Board of Pharmacy prior to issuing a written certification for medical cannabis to a patient for treatment or to alleviate the symptoms of any diagnosed condition or disease determined by the practitioner to benefit from such use.
Q: May a practitioner issue a prescription for medical cannabis products?
A: No. A written certificate must be issued.
Q: Where may a practitioner locate the written certification form?
A: The practitioner should enroll in the Virginia Medical Cannabis portal, and upon enrollment will receive access to the written certification form. The link for enrollment is: https://patients.va.biotr.ac/. For questions, email the Board of Pharmacy at cbd@dhp.virginia.gov.
Q: May the practitioner employ the use of telemedicine for conducting a patient assessment?
A: Yes, provided that the use of telemedicine includes the delivery of patient care through real-time interactive audio-visual technology.
Q: Is there specific training or continuing education required for registered practitioners?
A: Registered practitioners should have sufficient education and training to exercise appropriate professional judgment in the certification of patients for the use of medical cannabis products.
Q: May botanical cannabis be dispensed to a minor patient?
A: Yes, botanical cannabis may be dispensed to minor patients. However, any practitioner intending to treat a minor patient with botanical cannabis must authorize such use on the written certification form.
Pharmaceutical Processor Permit
Q: What is the process for applying for a pharmaceutical processor permit?
A: The application process for pharmaceutical processor permits will occur in three stages: submission of initial application, awarding of conditional approval, and granting of a pharmaceutical processor permit. Applications are only accepted during an open Request for Application period. When applications are being accepted a notice will be placed on the Virginia Regulatory Town Hall.
Q: How do I become a registered user of Regulatory Town Hall?
A: Click here to become a registered user of Regulatory Town Hall and receive email notifications regarding the notice for the Request for Application for pharmaceutical processors, regulatory actions, and meetings of the Board of Pharmacy within the Health and Human Resource Secretariat.
Q: How many pharmaceutical processor permits will be issued?
A: §54.1-3442.6 of the Code of Virginia restricts the number of permits that the Board may issue or renew in any year to a maximum of 5 permits, one for each health service area established by the Board of Health.
Q: Where may I find a listing of the five health service areas as established by the Board of Health?
A: Click here for a list of the five health service areas.
Q: What are the three stages in the application process for a pharmaceutical processor permit?
A: Submission of initial application, awarding of conditional approval, and granting of a pharmaceutical processor permit. Refer to Regulations 18VAC110-60-110 through 18VAC110-60-130.
Q: What are the licensure fees associated with obtaining a pharmaceutical processor permit?
A: The initial application fee is $10,000. The permit fee is $60,000 and the annual renewal fee is $10,000.
Cannabis Dispensing Facility Permit
Q: What is the process for applying for a cannabis dispensing facility permit?
A: A cannabis dispensing facility must be owned, at least in part, by the pharmaceutical processor permitted in the health service area.
Q: How many cannabis dispensing facility permits will be issued?
A: The Board may issue or renew a maximum of 5 permits for cannabis dispensing facilities in each health service area. The cannabis dispensing facility must be owned, at least in part, by the pharmaceutical processor permitted in that area.
Q: Where may I find a listing of the five health service areas as established by the Board of Health?
A: Click here for a list of the five health service areas.
Q: What are the licensure fees associated with obtaining a cannabis dispensing facility permit?
A: The application fee is $5,000. The annual renewal fee is $1,500.
Pesticides and the Assigning of Expiration Dates for Cannabis Oil Products
Q: Under what conditions may a pharmaceutical processor use pesticides during the cultivation, extraction, production, or manufacturing process of medical cannabis products?
A: Per Regulation 18VAC110-60-280, a pharmaceutical processor may only use pesticides for the purposes of addressing an infestation that could result in a catastrophic loss of Cannabis crops.
When a pesticide is used, the pharmaceutical processor should immediately notify the board office and maintain a record on its premises of the following information:
a. The name, signature and applicator certification number, issued by the Virginia Department of Agriculture and Consumer Services; if applicable, of the individual who applied the pesticide;
b. The date and time of the application;
c. The U.S. Environmental Protection Agency (EPA) registration number or, if exempt from EPA’s registration process under Section 25(b) of the Federal Insecticide, Fungicide and Rodenticide Act (FIFRA), the Chemical Abstract Service (CAS) number of the pesticide applied;
d. Active ingredients of the pesticide applied;
e. Brand name and product name of the pesticide applied;
f. The restricted entry interval from the product label of any pesticide applied;
g. The radio-frequency identification (RFID) tag number of the cannabis plant(s) that the pesticide was applied to or if applied to all plants throughout the pharmaceutical processor, a statement to that effect and principle pests to be controlled; and
h. The amount of pesticide concentrate and amount of diluent, by weight or volume, in mixture applied.
The pharmaceutical processor should have the original label for all pesticide used to address an infestation that could result in catastrophic loss.
Q: What pesticides does the board authorize a pharmaceutical processor to use to address an infestation that could result in a catastrophic loss of Cannabis crops?
A: The Board authorizes pharmaceutical processors to use a pesticide, to address an infestation that could result in a catastrophic loss of Cannabis crops, which satisfies the following criteria:
- It is listed on the Oregon “Guide List for Pesticides and Cannabis” and is used consistent with any directions or indications as found on this document; and,
- The pesticide is registered with the Virginia Department of Agriculture and Consumer Services. Search Virginia registered pesticides here.
The pharmaceutical processor is responsible for determining which pesticides can be used on its crops in accordance with the above criteria and assumes all risk associated with the use, including possible crop loss. This information is not an endorsement of any product and shall not be considered a guaranty of efficacy or without risk of harm to the crop on which it is applied.
Q: What criteria will the Board use to determine compliance with the pesticide chemical residue testing requirements for pharmaceutical processors?
A: Per 18VAC110-60-300, for purposes of the pesticide chemical residue test, a sample of medical cannabis product shall be deemed to have passed if it satisfies the most stringent acceptable standard for a pesticide residue in any food item as set forth in Subpart C of the federal Environmental Protection Agency's regulations for Tolerances and Exemptions for Pesticide Chemical Residues in Food, 40 CFR Part 180.
Compliance with 18VAC110-60-300 may be satisfied by testing all pesticide analytes listed in the Farrer DG. Technical report: Oregon Health Authority’s process to decide which types of contaminants to test for in cannabis. Oregon Health Authority. 2015 December or the most current report authorized by the Oregon Health Authority identifying pesticides for testing, and adhering to the corresponding action levels identified in the report.