High Times in the Old Dominion
High Times in the Old Dominion Presented by: Anne G. Bibeau, Esq. and Jonathan Gallo, Esq. VanBlackLaw.com 1 • Virginia Law • Federal Law • Cannabis and Cannabis Production • Employer Considerations • Employment Discrimination AGENDA • Cases and Legislation VanBlackLaw.com 2 Virginia and Cannabis • 2015: Virginia law allowing use of cannabis oils to treat intractable epilepsy. No provision for production or for patients to obtain a doctor’s permission. • 2017: Virginia approved in-state production of medical cannabis oil by five providers, one per Health Service Area. Approved licensed “pharmaceutical processors” to grow, extract, dispense, and deliver medical cannabis oils, all on site. • 2018: Virginia expanded medical cannabis oil program to any diagnosed condition. • 2019: Virginia expanded the spectrum of products that will be available for treatment to include items like capsules, topicals, lozenges, lollipops, and suppositories. VanBlackLaw.com 3 Virginia’s Affirmative Defense • Virginia law provides an affirmative defense to criminal prosecution for possession of cannabidiol (CBD) oil or tetrahydrocannabinol acid (THC-A oil)* • DOES NOT LEGALIZE IT! • POSSESSION OF MARIJUANA IS STILL ILLEGAL IN VIRGINIA *Does not include industrial hemp which is defined as “any part of the plant Cannabis sativa, including seeds thereof and any derivative, extract, cannabinoid, isomer, acid, salt, or salt of an isomer, whether growing or not, with a concentration of tetrahydrocannabinol that is no greater than that allowed by federal law.” Code of VA §3.2-4112. (Federal Law defines “industrial hemp” as “the plant Cannabis sativa L. and any part of such plant, whether growing or not, with a delta-9 tetrahydrocannabinol (THC) concentration of not more than 0.3 percent on a dry weight basis.” 7 U.S.C.
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