House Bill 1988 seeks to involve Virginia’s Board of Pharmacy (BOP) in the way cannabis is pharmaceutically produced, processed, and dispensed in the state. It has undergone reviews and revisions in the House, but it remains to be a proposal until an ultimate decision is given.

The bill tackles the accessibility of medical marijuana, specifically cannabis oil. If passed, this bill will allow the staff of designated caregiver facilities or any nursing home to possess, acquire, deliver, transfer, transport, and administer marijuana oil to patients.

In the document, cannabis oil is defined as “any formulation of processed cannabis plant extract, which may include oil from industrial hemp extract acquired by a pharmaceutical processor pursuant to 54. 1-3442.6., or a dilution of the resin of the cannabis plant that contains at least five milligrams of cannabidiol (CBD) or tetrahydrocannabinolic acid (THCA) and no more than 10 milligrams of delta-9 tetrahydrocannabinol per dose.”

It further specified that industrial hemp cultivated and processed under the state and federal law does not qualify as cannabis oil “unless it has been acquired and formulated with cannabis plant extract by a pharmaceutical processor.”

To make this medical treatment aid more accessible, this bill proposes that acceptance of electronic signature on written certifications. This allows patients to go through telemedicine instead of face-to-face consultations. Practitioners are mandated to use their professional opinion to determine the manner of care in relation to cannabis oil.

The Board will also be in charge of adopting and implementing regulations with regards to dispensaries. It will be looking into physical standards, location restrictions, security, minimum equipment and resources, recordkeeping, labeling and packaging, and routine inspections among others. It must be noted that the original proposal offers to do routine inspections quarterly, but with some revisions, the bill now proposes inspections no more than once a year.

With regard to processors, these facilities are required to keep track of their employees criminal background. Applicants will be subjected to background checks to uncover federal and state criminal convictions.

The bill expects the BOP to provide and implements its regulations, complete with reasonable restrictions on promotions and advertising by July 1, 2021.

More Bills Underway

Aside from HB 1988, Virginia is currently dealing with other bills related to medical cannabis read for the first time in the House this year. This includes HB 1862 (employee protections; medicinal use of cannabis oil) led by chief patron Del. Dan Helmer and HB 2218 (pharmaceutical processors; cannabis products) led by Del. Cliff Hayes.

SB 1333 (pharmaceutical processors; cannabis products) led by Del. Louise Lucas, which has been referred in the Senate to Finance and Appropriations.

Aside from legislations in medical cannabis, Virginia’s legislative bodies have also been investigating bills and policies regarding legalization and expungement. So far, four have been incorporated into other similar and preferential bills.

The more focus on marijuana policymaking has been needed over the past few months as more and more people look into the use of cannabis in order to deal with the pandemic. Some, especially patients, are looking for more ways to safely access medical cannabis. In Virginia, residents can legally possess certain amounts of medical marijuana. A few dispensaries are also open in the state.

Non-MMJ patients in many states have also been looking to marijuana for relaxation and lifestyle improvement in light of the stressful situation during the pandemic. However, this cannot be applied in Virginia as marijuana is yet to be fully legalized in the state.

Potential Full Legalization

This is where legalization bills become more important. In fact, one bill has successfully passed a key Senate panel last week, reported the Richmond Times Dispatch. The Senate Rehabilitation and Social Services voted 8-7 in favor of the bill proposed by Governor Ralph Northam’s administration. The ultimate goal of this bill is to legalize recreational marijuana.

The Richmond Times Dispatch noted that all seven votes against the bill came from the seven Republicans on the committee, while the Democrats offered a key decision to delay sales until January 2024.

The 500-page bill addressed some of the most important aspects of cannabis law reform in Virginia, which will take some time when looking at all impacts of this bill.

Senator Monty Mason explained, “[The delay is] a good acknowledgement of the work that has to be done. I hope that we realize that we don’t have to eat the whole cow here, and we can take it apart as we move forward, make some strides this year, and understand that we can come back and continue to work on this as we go forward.”

The delay is also seen as a way to prepare for the sales. The state would need an agency to handle the legal marijuana market, which is expected to result in $500 million in annual revenues. The panel will further look into various aspects of the bill including a framework that would surround the industry and the new agency which is set to be called the Virginia Cannabis Control Authority.

Senator Jeremy McPike is optimistic about the necessity for this delay. He said, “We felt the additional year also provided more framework for the social equity components – the business development and equity line to be in place – the education, the public awareness campaign.” McPike added that adding more time will enable the panel “to get it right” instead of rushing the planning process.

However, it is worth noting that this bill will not tackle reforms to the criminal justice system that would be needed before legalizing the plant. This topic will be addressed in one of the other bills that are currently being examined. This bill is sponsored by Sen Adam Ebbin and Senate President Pro Tempore Louise Lucas.

Marijuana Market as an Economic Move

With the projected revenues from the marijuana market reaching hundreds of millions, the economic impact of this bill would be tremendous. It will be able to bring in money for the state, which can be used for various initiatives including a social equity program.

Virginia ACLU and advocacy group Marijuana Justice asserted that a social equity license should be given to license applicants who are members of communities that have been disproportionately affected by the criminalization of the plant.

According to the two groups supported by former Richmond City Council member Marty Jewell, 70% of the state revenue from marijuana should be funneled toward social equity instead of the proposed 30%.

To this end, Jewell argued, “Those dollars should go back significantly to communities impacted by over-incarceration and loss of rights. The Black community is in economic free-fall, and this money would go a long way toward at least beginning to construct a floor.”

Unfortunately, the creation of a social equity program and the proposed 70% toward affected communities was rejected by the panel.

Opposition Follows

Meanwhile, some parties warn against the legalization of marijuana. Todd Gathje of the Family Foundation said that children and teens would be “wondering why they’re being told it’s wrong at school and other places, and why their representatives are pushing for legalization.”

An assemblage of medical experts, law enforcement officers, and community leaders are moving to block the legalization bill, reported The Virginian Pilot. According to them, this move would increase risks of overdose, driving under the influence, and addiction.

Doctor James Avery of the Christian Medical & Dental Associations cited the safety of marijuana use as an example. He said, “Marijuana is not safe for those under 25 years of age – the studies are clear. Yet it’s become normalized for young people. Neuroscience tells us the younger a person is exposed, the greater the negative impact.”

Critics also warn against promoting cannabis in a manner that might lure children and teenagers, similar to the appeal of tobacco. An organization called Smart Approaches to Marijuana expressed worries about products that could be appealing to young individuals including gummies. Hanover Cares leader Octavia Marsh said, “Legal does not necessarily mean safe. Even if it’s not intentionally marketed toward our youth, they are indirectly exposed.”

Other arguments about cannabis access in Virginia includes safety and security. Law enforcement officials noted that there are no reliable tests for marijuana intoxication, which can make the streets unsafe, especially for drivers and pedestrians.

Regardless, the decriminalization law passed last year is a significant move toward full legalization. It is also seen as a way to avoid the disproportionate effects of criminalization due to the country’s war on drugs.

The Bottom Line

Virginia’s move toward full legalization seems imminent, especially in light of the decriminalization bill, as well as the numerous bills that are currently being reviewed. With this, more and more Virginians may be able to access marijuana and marijuana products in the future. Moreover, communities that have been negatively affected by the current laws may be able to receive benefits through social equity programs.

Virginians may soon be able to access such products complete weed delivery not only for caregiver facilities but for other customers as well.