People suffering from seizures can claim what is known as an “affirmative defense” if they are caught possessing cannabidiol (CBD) oil in the state of Virginia.  Currently CBD oils may be obtained by an authorized pharmaceutical processor.  There is hope on the horizon however as Virginia’s newly elected Ralph Northam has supported the decriminalization of marijuana.
At a glance
Year started2015
Age restriction no
Available for purchase in state yes
Home growno
Possession limit none
Reciprocity no
LegislationHB 1445, SB 701, SB 1027
Legalization – Important Legislation
February of 2015 marked the signing of HB 1445, extending some legal protections to patients using CBD or THCA extracts. This law protects patients using those specific medicines from prosecution but not arrest. This did not however develop any type of cultivation or distribution program, forcing users to obtain product elsewhere.
SB 701 was passed in 2016, which authorized the Board of Pharmacy to develop regulations for the licensing of cultivation and distribution organizations.
Governor McAuliffe signed SB 1027 into law in March of 2017, which authorizes a pharmaceutical processor, after obtaining a permit from the Board of Pharmacy (the Board) and under the supervision of a licensed pharmacist, to manufacture and provide cannabidiol oil and THC-A oil to be used for the treatment of intractable epilepsy.
On Monday, Feb. 5, the senate unanimously passed SB 726 from Senator Siobhan S. Dunnavant (R – District 12) that will allow Virginia doctor’s greater power to prescribe cannabis oil to patients in need. – Both SB 726 and HB 1251 (both passed) would allow Virginia doctors the option to prescribe cannabis oil to patients for “any diagnosed condition or disease determined by the practitioner to benefit from such use.”
Types of Licenses
Legislation signed into law in 2016 seeks to establish regulations governing the in-state production of therapeutic oils high in cannabdiol and/or THC-A.
Associated Fees
Application must include
Obtaining CBD oils
Qualifying Conditions
Intractable epilepsy
The law does not provide for legal protections to caregivers
In order to complete a written certification in Virginia, a physician must be licensed by the Board of Medicine who is a neurologist or specializes in the treatment of epilepsy. Only patients diagnosed with intractable epilepsy may be certified under the law.