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Virginia

Virginia’s medical marijuana program allows MDs, DOs, physician assistants, or nurse practitioners who have been certified by the state to recommend marijuana to patients. Medical professionals can apply for certification through the Virginia Department of Health Professions portal found here: https://www.license.dhp.virginia.gov/apply/. There are no qualifying conditions. The attending physician has the authority to make the recommendation at their discretion. 


Under Virginia law, patients who have been recommended marijuana can only possess cannabis formulations that contain no less than 15% CBD or Δ9-tetrahydrocannabinolic acid (THC-A) and no more than 5% THC. Additionally, these extracts cannot have a dosage of over 10 mg of THC. These formulations may be procured at a specially licensed establishments known as pharmaceutical processors.


Virginia does not have a reciprocity program to accommodate medical cannabis patients from out of state. 


For more information about the state’s medical marijuana program, please see the Board of Pharmacy site created by the Department of Health Professions here: https://www.dhp.virginia.gov/pharmacy/PharmaceuticalProcessing/default.htm.


On May 21, 2020, Governor Ralph Northam signed HB972, which decriminalized possession of less than 1 oz of marijuana. Violators will be issued a summons and face a $25 fine. The law went into effect on July 1, 2020. HB972 also eliminates the previous distinction between hashish oil (cannabis concentrate with a THC concentration above 12%) and marijuana. On February 27, 2021, Virginia lawmakers approved a bill to legalize possession of up to 1 oz of cannabis and create an adult-use market, though the law would not take effect until January 1, 2024. At the behest of Gov. Ralph Northam, the Senate and House of Delegates agreed to move up the date of legalization in April. As of July 1, 2021, it is legal to possess up to 1 oz of cannabis. 

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Possession of more than 1 oz of marijuana is still a felony. Punishment is dependent upon whether or not one intended to sell or distribute the marijuana. 

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