Is Virginia a Medical Marijuana State?

Related

• How to Get Medical Marijuana in Virginia
• Qualifying Conditions and Requirements for Medical Marijuana in Virginia

Does Virginia have a Medical Marijuana Program?

Unlike most states that have legalized medical marijuana, Virginia doesn’t have a dedicated medical marijuana program. Instead, the Virginia Department of Health Professions, through the Board of Pharmacy, regulates medical marijuana in the state. Some functions include enabling patient access to medicinal cannabis, approving practitioners to certify patients, and regulating marijuana processors; essentially, the roles of a medical marijuana program.

As mentioned earlier, patients have two options. First, they can get certified by a Board of Pharmacy-licensed physicians and use their certification to obtain cannabis. Alternatively, they can get certified and then proceed to apply for a Virginia medical marijuana card. Either way, you must get certified by a medical marijuana doctor in VA. 

Also, there are no qualifying conditions for a medical card in Virginia. So, it is up to your MMJ doctor to determine whether you could benefit from cannabis treatment. In most cases, cannabis doctors will consider cannabis treatment if you are suffering from:

• A chronic medical condition whose treatment could lead to physical or psychological dependence.
• Or a chronic medical condition that causes severe, debilitating psychiatric disorders.

To get an idea of what medical conditions may qualify you for medical cannabis in Virginia, review our Virginia Medical Card Requirements page.

How to Register with the Virginia Medical Marijuana Program

Registering as a patient with the Virginia medical marijuana state program is an easy process. To begin, patients must book an appointment with a registered Virginia medical marijuana doctor and get certified. Next, certified patients should create an account with the Virginia Board of Pharmacy Web Portal (DHP Virginia). After creating an account, patients need to complete their application on the portal and then scan and email the required documents to the Board of Pharmacy.

All patients should keep in mind the following basic Virginia medical card requirements:

• Only residents of Virginia qualify for the state medical marijuana program.
• Only Board-registered medical marijuana doctors in VA can provide valid written marijuana recommendations.
• The minimum age requirement for medical marijuana is eighteen (18) years old.
• Minor patients may qualify if their parent or legal guardian applies on their behalf.

Patients must pay a non-refundable $50 government fee, and parents or legal guardians applying for minor patients must pay a $25 fee.

Which documents do I need to register for the Virginia medical marijuana state program?

When applying for the Virginia medical marijuana card, you must scan and email the following documentation to the Board of Pharmacy to complete your application:

1. Proof of identity. For example:

• Virginia Identification card
• U.S. passport
• Virginia driver’s license

2. Proof of residency. For instance:

• Virginia driver’s license
• Virginia identification card
• Tax receipt

3. Proof of age. For example:

• Birth certification
• VA identification card
• VA driver’s license

4. A copy of a written certification issued by a registered medical marijuana doctor in Virginia.

When did Virginia Become a Medical Marijuana State?

Virginia’s legislative history with medical marijuana started back in 1979 with the Code of Virginia. The Code protected patients with a valid cannabis prescription from a doctor to treat glaucoma or the side effects of chemotherapy. Nowadays, doctors can’t prescribe medical marijuana, instead, they can recommend it to their patients. You can read more about the difference between a marijuana prescription and a recommendation, and how to get one.

Fast forward to 2018 with the passing of HB 1251. This law allowed practitioners to issue written certifications for the use of Cannabidiol (CBD) oil or THC-A oil for the treatment or to ease symptoms of any condition the practitioner determined would benefit from such use. In 2019, SB 1557 expanded further on the Code of Virginia. As a result, nurse practitioners and physician assistants could now also issue written certifications for patients to use cannabis extracts. Additionally, this legislation specified that each dose could contain a maximum of 10 milligrams of THC.

Virginia Medical Marijuana State Rules

Patients with a VA medical marijuana card have the added benefit of legal protection when in possession of medical marijuana besides enjoying the healing properties of the cannabis they can access. Still, patients may find their registration to the Virginia medical marijuana program revoked if they break any of the Virginia marijuana laws. So what are patients not allowed?

• The Board of Pharmacy may revoke a patient’s registration if a committee establishes evidence that the patient provided incorrect or misleading information during the registration process.
• Patients, parents, or legal guardians CANNOT let another person use their registration. Moreover, tampering or modifying the registration may also lead to the cancellation of the VA medical marijuana card.
• Patients CANNOT acquire more than a 90-day supply of medical cannabis oil within 90 days.
• The Board of Pharmacy may suspend a patient’s, parent’s, or legal guardian’s VA medical card if they fail to report its theft, loss, or damage within five days of becoming aware of the incident.

Common Questions about the Virginia Medical Marijuana State Program

Below are the answers to common questions patients have concerning the Virginia Medical Marijuana State Program.