reglab/statecodes huggingface dataset:
2023 Code of Virginia › Title 4.1 - Alcoholic Beverage and Cannabis Control › Chapter 11 - Possession of Retail Marijuana and Retail Marijuana Products; Prohibited Practices Generally › § 4.1-1101.1. Adult sharing of marijuana

A. For the purposes of this section, "adult sharing" means transferring marijuana between persons who are 21 years of age or older without remuneration. "Adult sharing" does not include instances in which (i) marijuana is given away contemporaneously with another reciprocal transaction between the same parties; (ii) a gift of marijuana is offered or advertised in conjunction with an offer for the sale of goods or services; or (iii) a gift of marijuana is contingent upon a separate reciprocal transaction for goods or services.
B. Notwithstanding the provisions of § 18.2-248.1, no civil or criminal penalty may be imposed for adult sharing of an amount of marijuana that does not exceed one ounce or of an equivalent amount of marijuana products.
2021, Sp. Sess. I, cc. 550, 551.
2023 Code of Virginia › Title 4.1 - Alcoholic Beverage and Cannabis Control › Chapter 11 - Possession of Retail Marijuana and Retail Marijuana Products; Prohibited Practices Generally › § 4.1-1105.1. Possession of marijuana or marijuana products unlawful in certain cases; venue; exceptions; penalties; treatment and education programs and services

A. No person younger than 21 years of age shall consume or possess, or attempt to consume or possess, any marijuana or marijuana products, except by any federal, state, or local law-enforcement officer or his agent when possession of marijuana or marijuana products is necessary in the performance of his duties. Such person may be prosecuted either in the county or city in which the marijuana or marijuana products were possessed or consumed or in the county or city in which the person exhibits evidence of physical indicia of consumption of marijuana or marijuana products.
B. Any person 18 years of age or older who violates subsection A is subject to a civil penalty of no more than $25 and shall be ordered to enter a substance abuse treatment or education program or both, if available, that in the opinion of the court best suits the needs of the accused.
C. Any juvenile who violates subsection A is subject to a civil penalty of no more than $25 and the court shall require the accused to enter a substance abuse treatment or education program or both, if available, that in the opinion of the court best suits the needs of the accused. For purposes of §§ 16.1-266, 16.1-273, 16.1-278.8, 16.1-278.8:01, and 16.1-278.9, the court shall treat the child as delinquent.
D. Any such substance abuse treatment or education program to which a person is ordered pursuant to this section shall be provided by (i) a program licensed by the Department of Behavioral Health and Developmental Services or (ii) a program or services made available through a community-based probation services agency established pursuant to Article 9 (§ 9.1-173 et seq.) of Chapter 1 of Title 9.1, if one has been established for the locality. When an offender is ordered to a local community-based probation services agency, the local community-based probation services agency shall be responsible for providing for services or referring the offender to education or treatment services as a condition of probation.
E. Any civil penalties collected pursuant to this section shall be deposited into the Drug Offender Assessment and Treatment Fund established pursuant to § 18.2-251.02.
2021, Sp. Sess. I, cc. 550, 551.
2023 Code of Virginia › Title 4.1 - Alcoholic Beverage and Cannabis Control › Chapter 11 - Possession of Retail Marijuana and Retail Marijuana Products; Prohibited Practices Generally › § 4.1-1107. Using or consuming marijuana or marijuana products while in a motor vehicle being driven upon a public highway; penalty

A. For the purposes of this section:
"Open container" means any vessel containing marijuana or marijuana products, except the originally sealed manufacturer's container.
"Passenger area" means the area designed to seat the driver of any motor vehicle, any area within the reach of the driver, including an unlocked glove compartment, and the area designed to seat passengers. "Passenger area" does not include the trunk of any passenger vehicle; the area behind the last upright seat of a passenger van, station wagon, hatchback, sport utility vehicle or any similar vehicle; the living quarters of a motor home; or the passenger area of a motor vehicle designed, maintained, or used primarily for the transportation of persons for compensation, including a bus, taxi, or limousine, while engaged in the transportation of such persons.
B. It is unlawful for any person to use or consume marijuana or marijuana products while driving a motor vehicle upon a public highway of the Commonwealth or while being a passenger in a motor vehicle being driven upon a public highway of the Commonwealth.
C. A judge or jury may make a permissive inference that a person has consumed marijuana or marijuana products in violation of this section if (i) an open container is located within the passenger area of the motor vehicle, (ii) the marijuana or marijuana products in the open container have been at least partially removed and (iii) the appearance, conduct, speech, or other physical characteristic of such person, excluding odor, is consistent with the consumption of marijuana or marijuana products. Such person may be prosecuted either in the county or city in which the marijuana was used or consumed, or in the county or city in which the person exhibits evidence of physical indicia of use or consumption of marijuana.
D. Any person who violates this section is guilty of a Class 4 misdemeanor.
2021, Sp. Sess. I, cc. 550, 551.
2023 Code of Virginia › Title 4.1 - Alcoholic Beverage and Cannabis Control › Chapter 11 - Possession of Retail Marijuana and Retail Marijuana Products; Prohibited Practices Generally › § 4.1-1108. Consuming marijuana or marijuana products, or offering to another, in public place; penalty

A. No person shall consume marijuana or a marijuana product or offer marijuana or a marijuana product to another, whether accepted or not, at or in any public place.
B. Any person who violates this section is subject to a civil penalty of no more than $25 for a first offense. A person who is convicted under this section of a second offense is subject to a $25 civil penalty and shall be ordered to enter a substance abuse treatment or education program or both, if available, that in the opinion of the court best suits the needs of the accused. A person convicted under this section of a third or subsequent offense is guilty of a Class 4 misdemeanor.
2021, Sp. Sess. I, cc. 550, 551.
2023 Code of Virginia › Title 4.1 - Alcoholic Beverage and Cannabis Control › Chapter 11 - Possession of Retail Marijuana and Retail Marijuana Products; Prohibited Practices Generally › § 4.1-1109. Consuming or possessing marijuana or marijuana products in or on public school grounds; penalty

A. No person shall possess or consume any marijuana or marijuana product in or upon the grounds of any public elementary or secondary school during school hours or school or student activities.
B. In addition, no person shall consume and no organization shall serve any marijuana or marijuana products in or upon the grounds of any public elementary or secondary school after school hours or school or student activities.
C. Any person convicted of a violation of this section is guilty of a Class 2 misdemeanor.
2021, Sp. Sess. I, cc. 550, 551.
2023 Code of Virginia › Title 4.1 - Alcoholic Beverage and Cannabis Control › Chapter 11 - Possession of Retail Marijuana and Retail Marijuana Products; Prohibited Practices Generally › § 4.1-1110. Possessing or consuming marijuana or marijuana products while operating a school bus; penalty

Any person who possesses or consumes marijuana or marijuana products while operating a school bus and transporting children is guilty of a Class 1 misdemeanor. For the purposes of this section, "school bus" has the same meaning as provided in § 46.2-100.
2021, Sp. Sess. I, cc. 550, 551.
2023 Code of Virginia › Title 4.1 - Alcoholic Beverage and Cannabis Control › Chapter 11 - Possession of Retail Marijuana and Retail Marijuana Products; Prohibited Practices Generally › § 4.1-1112. Limitation on carrying marijuana or marijuana products in motor vehicle transporting passengers for hire; penalty

The transportation of marijuana or marijuana products in any motor vehicle that is being used, or is licensed, for the transportation of passengers for hire is prohibited, except when carried in the possession of a passenger who is being transported for compensation at the regular rate and fare charged other passengers.
Any person convicted of a violation of this section is guilty of a Class 1 misdemeanor.
2021, Sp. Sess. I, cc. 550, 551.
2023 Code of Virginia › Title 4.1 - Alcoholic Beverage and Cannabis Control › Chapter 11 - Possession of Retail Marijuana and Retail Marijuana Products; Prohibited Practices Generally › § 4.1-1116. Illegal advertising; penalties; exception

A. No person shall advertise in or send any advertising material into the Commonwealth regarding marijuana, marijuana products, or any substance containing a synthetic tetrahydrocannabinol or synthetic derivative of tetrahydrocannabinol other than those that may be legally sold in the Commonwealth under this subtitle. Advertisements regarding marijuana, marijuana products, or any substance containing a synthetic tetrahydrocannabinol or synthetic derivative of tetrahydrocannabinol shall comply with the provisions of this subtitle and Board regulations.
B. Except as provided in subsection C, any person who violates the provisions of subsection A is guilty of a Class 1 misdemeanor.
C. For violations of § 4.1-1402 relating to distance and zoning restrictions on outdoor advertising, the Board shall give the advertiser written notice to take corrective action to either bring the advertisement into compliance with this subtitle and Board regulations or to remove such advertisement. If corrective action is not taken within 30 days, the advertiser is guilty of a Class 4 misdemeanor.
D. This section shall not apply to advertising conducted by pharmaceutical processors or cannabis dispensing facilities in accordance with Chapter 16 (§ 4.1-1600 et seq.) and regulations of the Board.
E. For the purposes of this section, "synthetic derivative" and "tetrahydrocannabinol" mean the same as those terms are defined in § 4.1-1400.
2023, cc. 711, 712.
2023 Code of Virginia › Title 4.1 - Alcoholic Beverage and Cannabis Control › Chapter 11 - Possession of Retail Marijuana and Retail Marijuana Products; Prohibited Practices Generally › § 4.1-1121. Issuance of summonses for certain offenses; civil penalties

Any violation under this subtitle that is subject to a civil penalty is a civil offense and shall be charged by summons. A summons for a violation under this subtitle that is subject to a civil penalty may be executed by a law-enforcement officer when such violation is observed by such officer. The summons used by a law-enforcement officer pursuant to this section shall be in a form the same as the uniform summons for motor vehicle law violations as prescribed pursuant to § 46.2-388. Any civil penalties collected pursuant to this subtitle shall be deposited into the Drug Offender Assessment and Treatment Fund established pursuant to § 18.2-251.02.
2021, Sp. Sess. I, cc. 550, 551.
2023 Code of Virginia › Title 4.1 - Alcoholic Beverage and Cannabis Control › Chapter 13 - Prohibited Practices; Procedural Matters › § 4.1-1302. Search without warrant; odor of marijuana

A. No law-enforcement officer, as defined in § 9.1-101, may lawfully stop, search, or seize any person, place, or thing and no search warrant may be issued solely on the basis of the odor of marijuana and no evidence discovered or obtained pursuant to a violation of this subsection, including evidence discovered or obtained with the person's consent, shall be admissible in any trial, hearing, or other proceeding.
B. The provisions of subsection A shall not apply in any airport as defined in § 5.1-1 or if the violation occurs in a commercial motor vehicle as defined in § 46.2-341.4.
2021, Sp. Sess. I, cc. 550, 551.
2023 Code of Virginia › Title 4.1 - Alcoholic Beverage and Cannabis Control › Chapter 14 - Cannabis Control; Testing; Advertising › § 4.1-1400. Definitions

For the purposes of this chapter, unless the context requires a different meaning:
"Synthetic derivative" means a chemical compound produced by man through a chemical transformation to turn a compound into a different compound by adding or subtracting molecules to or from the original compound.
"Tetrahydrocannabinol" means any naturally occurring or synthetic tetrahydrocannabinol, including its salts, isomers, and salts of isomers whenever the existence of such salts, isomers, and salts of isomers is possible within the specific chemical designation and any preparation, mixture, or substance containing, or mixed or infused with, any detectable amount of tetrahydrocannabinol. For the purposes of this definition, "isomer" means the optical, position, and geometric isomers.
2023, cc. 711, 712.
2023 Code of Virginia › Title 4.1 - Alcoholic Beverage and Cannabis Control › Chapter 14 - Cannabis Control; Testing; Advertising › § 4.1-1401. General advertising restrictions

A. No person shall advertise in or send any advertising material into the Commonwealth regarding marijuana, marijuana products, or any substance containing a synthetic tetrahydrocannabinol or synthetic derivative of tetrahydrocannabinol other than those that may be legally sold in the Commonwealth under this subtitle or Article 4.2 (§ 54.1-3442.5 et seq.) of the Drug Control Act.
B. Advertisements regarding marijuana, marijuana products, or any substance containing a synthetic tetrahydrocannabinol or synthetic derivative of tetrahydrocannabinol shall:
1. Comply with the provisions of this subtitle, Board regulations, Chapter 12 (§ 33.2-1200 et seq.) of Title 33.2 and regulations adopted pursuant thereto by the Commonwealth Transportation Board, and federal laws and regulations;
2. Accurately and legibly identify the person responsible for its content;
3. Include the following statement: "For use by adults 21 years of age and older"; and
4. If the advertisement involves direct, individualized communication or dialogue, utilize a method of age affirmation to verify that the recipient is 21 years of age or older before engaging in such communication or dialogue.
C. Advertisements regarding marijuana, marijuana products, or any substance containing a synthetic tetrahydrocannabinol or synthetic derivative of tetrahydrocannabinol shall not:
1. Be broadcasted (i) through any means unless at least 71.6 percent of the audience is reasonably expected to be 21 years of age or older, as determined by reliable, up-to-date audience composition data or (ii) through digital pop-ups;
2. Be misleading, deceptive, or false;
3. Target or appeal particularly to persons younger than 21 years of age, including by use of cartoons;
4. Imply that marijuana, marijuana products, or any substance containing a synthetic tetrahydrocannabinol or synthetic derivative of tetrahydrocannabinol enhance athletic prowess or are government endorsed;
5. Be displayed on a billboard or at a sporting event;
6. Make any reference to the intoxicating effects of marijuana, marijuana products, or any substance containing a synthetic tetrahydrocannabinol or synthetic derivative of tetrahydrocannabinol;
7. Promote overconsumption or consumption by persons younger than 21 years of age; or
8. Depict a person consuming marijuana, marijuana products, or any substance containing a synthetic tetrahydrocannabinol or synthetic derivative of tetrahydrocannabinol or depict any person younger than 21 years of age.
D. The provisions of this section shall not apply to noncommercial speech.
2023, cc. 711, 712.
2023 Code of Virginia › Title 4.1 - Alcoholic Beverage and Cannabis Control › Chapter 15 - Virginia Cannabis Equity Business Loan Program and Fund › § 4.1-1500. Definitions

As used in this chapter, unless the context requires a different meaning:
"CDFI" means a community development financial institution that provides credit and financial services for underserved communities.
"Fund" means the Virginia Cannabis Equity Business Loan Fund established in § 4.1-1501.
"Funding" means loans made from the Fund.
"Program" means the Virginia Cannabis Equity Business Loan Program established in § 4.1-1502.
"Social equity qualified cannabis licensee" means a person or business who meets the criteria in § 4.1-606 to qualify as a social equity applicant and who either holds or is in the final stages of acquiring, as determined by the Board, a license to operate a marijuana establishment.
2021, Sp. Sess. I, cc. 550, 551.
2023 Code of Virginia › Title 4.1 - Alcoholic Beverage and Cannabis Control › Chapter 15 - Virginia Cannabis Equity Business Loan Program and Fund › § 4.1-1501. Virginia Cannabis Equity Business Loan Fund

There is hereby created in the state treasury a special nonreverting fund to be known as the Virginia Cannabis Equity Business Loan Fund, referred to in this section as "the Fund." The Fund shall be established on the books of the Comptroller. All funds appropriated for such purpose and any gifts, donations, grants, bequests, and other funds received on its behalf shall be paid into the state treasury and credited to the Fund. Interest earned on moneys in the Fund shall remain in the Fund and be credited to it. Any moneys remaining in the Fund, including interest thereon, at the end of each fiscal year shall not revert to the general fund but shall remain in the Fund. Moneys in the Fund shall be used solely for the purposes of providing low-interest and zero-interest loans to social equity qualified cannabis licensees in order to foster business ownership and economic growth within communities that have been the most disproportionately impacted by the former prohibition of cannabis. Expenditures and disbursements from the Fund shall be made by the State Treasurer on warrants issued by the Comptroller upon written request signed by the Chief Executive Officer of the Authority.
2021, Sp. Sess. I, cc. 550, 551.
2023 Code of Virginia › Title 4.1 - Alcoholic Beverage and Cannabis Control › Chapter 15 - Virginia Cannabis Equity Business Loan Program and Fund › § 4.1-1502. Selection of CDFI; Program requirements; guidelines for management of the Fund

A. The Authority shall establish a Program to provide loans to qualified social equity cannabis licensees for the purpose of promoting business ownership and economic growth by communities that have been disproportionately impacted by the prohibition of cannabis. The Authority shall select and work in collaboration with a CDFI to assist in administering the Program and carrying out the purposes of the Fund. The CDFI selected by the Authority shall have (i) a statewide presence in Virginia, (ii) experience in business lending, (iii) a proven track record of working with disadvantaged communities, and (iv) the capability to dedicate sufficient staff to manage the Program. Working with the selected CDFI, the Authority shall establish monitoring and accountability mechanisms for businesses receiving funding and shall report annually the number of businesses funded; the geographic distribution of the businesses; the costs of the Program; and the outcomes, including the number and types of jobs created.
B. The Program shall:
1. Identify social equity qualified cannabis licensees who are in need of capital for the start-up of a cannabis business properly licensed pursuant to the provisions of this subtitle;
2. Provide loans for the purposes described in subsection A;
3. Provide technical assistance; and
4. Bring together community partners to sustain the Program.
2021, Sp. Sess. I, cc. 550, 551.
2023 Code of Virginia › Title 4.1 - Alcoholic Beverage and Cannabis Control › Chapter 15 - Virginia Cannabis Equity Business Loan Program and Fund › § 4.1-1503. Annual reports

On or before December 1 of each year, the Authority shall report to the Secretary of Public Safety and Homeland Security, the Officer of Diversity, Equity, and Inclusion, the Governor, and the Chairmen of the House Committee on Appropriations and the Senate Committee on Finance and Appropriations on such other matters regarding the Fund as the Authority may deem appropriate, including the amount of funding committed to projects from the Fund, or other items as may be requested by any of the foregoing persons to whom such report is to be submitted.
2021, Sp. Sess. I, cc. 550, 551.
2023 Code of Virginia › Title 4.1 - Alcoholic Beverage and Cannabis Control › Chapter 16 - Medical Cannabis Program › § 4.1-1603.1. (Effective January 1, 2024) Packaging and labeling; corrections; records

A. Pharmaceutical processors shall comply with all packaging and labeling requirements set forth in this article and Board regulations.
B. No cannabis product shall be packaged in a container or wrapper that bears, or is otherwise labeled to bear the trademark, trade name, famous mark as defined in 15 U.S.C. § 1125, or other identifying mark, imprint, or device, or any likeness thereof, of a manufacturer, processor, packer, or distributor of a product intended for human consumption other than the manufacturer, processor, packer, or distributor that did in fact so manufacture, process, pack, or distribute such cannabis product.
C. Pharmaceutical processors may correct typographical errors made on cannabis product labels and any documents generated as the result of a wholesale transaction.
2023, cc. 760 (§ 54.1-3442.7:1), 780 (§ 54.1-3442.7:1).
2023 Code of Virginia › Title 4.1 - Alcoholic Beverage and Cannabis Control › Chapter 16 - Medical Cannabis Program › § 4.1-1603.2. (Effective January 1, 2024) Cannabis product registration; approval, deviation, and modification

A. A pharmaceutical processor shall register with the Board each cannabis product it manufactures. Applications for cannabis product registration shall be submitted to the Board on a form prescribed by the Board.
B. An application for cannabis product registration shall include:
1. The total tetrahydrocannabinol and total cannabidiol in such cannabis product, based on laboratory testing results for the cannabis product formulation;
2. A product name;
3. A proposed product package; and
4. A proposed product label, which shall not be required to contain an expiration date at the time of application.
C. The Board shall register all cannabis products that meet testing, labeling, and packaging standards after an application for registration is submitted. If the cannabis product fails to meet such standards or the application was deficient, the Board shall notify the applicant of the specific reasons for such failure or deficiency.
D. Within two business days of the Board's approval or deemed approval, the Board shall enter the cannabis product's national drug code number into the Prescription Monitoring Program.
E. The following cannabis product deviations from an approved cannabis product registration shall be permitted without any requirement for a new cannabis product registration or notice to the Board:
1. A deviation in the concentration of total tetrahydrocannabinol (THC) or total cannabidiol (CBD) in a cannabis product or dose thereof of up to 15 percent greater than or less than the concentration of total tetrahydrocannabinol or total cannabidiol, either or both, listed in the approved cannabis product registration; however, for a cannabis product with five milligrams or less of total THC or total CBD per dose, the total THC or total CBD concentration shall be within 0.5 milligrams of the single dose total THC or total CBD concentrations approved for that cannabis product;
2. A variation in packaging, provided that the packaging is substantially similar to the approved packaging and otherwise complies with applicable packaging requirements;
3. A deviation in labeling, including a variation made in accordance with § 54.1-3442.7:1, that reflects allowable deviations in total THC or total CBD or that makes a minor text, font, design, or similar modification, provided that the labeling is substantially similar to the approved labeling and otherwise complies with applicable labeling requirements; and
4. Any other insignificant changes.
F. A pharmaceutical processor may submit a request to modify an existing cannabis product registration in the event of a cannabis product deviation that is not set forth in subsection E. Upon receipt, the Board shall respond to such request. The Board may grant or deny the request, propose a reasonable revision, or require the pharmaceutical processor to provide additional information.
2023, cc. 760 (§ 54.1-3442.7:2), 780 (§ 54.1-3442.7:2).
2023 Code of Virginia › Title 4.1 - Alcoholic Beverage and Cannabis Control › Chapter 16 - Medical Cannabis Program › § 4.1-1603.3. (Effective January 1, 2024) Advertising and marketing

A. Pharmaceutical processors and cannabis dispensing facilities may (i) advertise and promote products and operations and (ii) provide educational material to practitioners, patients, and the public.
B. Pharmaceutical processors and cannabis dispensing facilities may engage in advertising or marketing that does not:
1. Include false or misleading statements;
2. Promote overconsumption;
3. Depict a person younger than 21 years of age;
4. Appeal particularly to persons younger than 21 years of age, including by using cartoons in any way;
5. Associate cannabis products with candy or similar products or depicts any images that bear a reasonable resemblance to a candy or similar product; or
6. Contain any seal, flag, crest, coat of arms, or other insignia that is likely to mislead patients or the public to believe that the cannabis product is made or endorsed by the Commonwealth.
C. All advertising and marketing by pharmaceutical processors and cannabis dispensing facilities shall (i) accurately and legibly identify the pharmaceutical processor or cannabis dispensing facility responsible for its content, (ii) include a statement that cannabis products are for use by certified patients only, and (iii) comply with Board regulations.
2023, cc. 760 (§ 54.1-3442.7:3), 780 (§ 54.1-3442.7:3).
2023 Code of Virginia › Title 4.1 - Alcoholic Beverage and Cannabis Control › Chapter 16 - Medical Cannabis Program › § 4.1-1604. (Effective January 1, 2024) Criminal liability; exceptions

No agent or employee of a pharmaceutical processor or cannabis dispensing facility shall be prosecuted under Chapter 11 (§ 4.1-1100 et seq.) or § 18.2-248, 18.2-248.1, or 18.2-250 for possession or manufacture of marijuana or for possession, manufacture, or distribution of cannabis products, subject to any civil penalty, denied any right or privilege, or subject to any disciplinary action by a professional licensing board if such agent or employee (i) possessed or manufactured such marijuana for the purposes of producing cannabis products in accordance with the provisions of this chapter and Board regulations or (ii) possessed, manufactured, or distributed such cannabis products that are consistent with generally accepted cannabis industry standards in accordance with the provisions of this chapter and Board regulations.
2023, cc. 740, 773.
2023 Code of Virginia › Title 4.1 - Alcoholic Beverage and Cannabis Control › Chapter 16 - Medical Cannabis Program › § 4.1-1605. (Effective January 1, 2024) Summary suspensions and restrictions

A. The Board may summarily suspend or restrict a permit issued pursuant to § 4.1-1602 without a hearing if the Board finds that such suspension or restriction is necessary to prevent substantial danger to public health or safety. The Board shall make decisions to summarily suspend or restrict a permit only during an in-person meeting in which a quorum is present; however, if, after a good faith effort, the Board is unable to assemble a quorum and a majority of the Board members determine that continued operation by the permittee constitutes a substantial danger to public health or safety, the Board may summarily suspend the permit during a telephone, video, or other electronic conference. Institution of proceedings for a hearing shall be provided simultaneously with a summary suspension. The Board may summarily restrict a permit without proceeding simultaneously with notification of an informal conference pursuant to § 2.2-4019 or Board regulations. Such hearing or conference shall be held within a reasonable amount of time after the summary suspension or restriction is issued.
B. Allegations of violations of this subtitle shall be submitted to the Board in writing.
2023, cc. 740, 773.
2023 Code of Virginia › Title 5.1 - Aviation › Chapter 1 - Aircraft, Airmen and Airports Generally › § 5.1-1.2. Appointment of Director; term; vacancies

The Department shall be under the direction of a director, hereinafter referred to in this title as "Director," who shall be appointed by the Governor, subject to confirmation by the General Assembly if in session when such appointment is made, and, if not in session, then at its next succeeding session. He shall hold his office at the pleasure of the Governor for a term coincident with that of each Governor making the appointment or until his successor shall be appointed and qualified. Vacancies shall be filled for the unexpired term in the same manner as original appointments are made.
1979, c. 272.
2023 Code of Virginia › Title 5.1 - Aviation › Chapter 1 - Aircraft, Airmen and Airports Generally › § 5.1-1.3. Oath and bond of Director; salary

The Director, before entering upon the discharge of his duties, shall take an oath that he will faithfully and impartially discharge and perform all the duties of his office, and he shall be bonded in accordance with § 2.2-1840. The Director shall receive such salary as may be appropriated for the purpose.
1979, c. 272; 2021, Sp. Sess. I, c. 152.
2023 Code of Virginia › Title 5.1 - Aviation › Chapter 1 - Aircraft, Airmen and Airports Generally › § 5.1-1.4. Enforcement of laws, rules and regulations

Except for the provisions of Chapter 9 (§ 5.1-89 et seq.) of this title, the Department shall have the authority to enforce any provision of this title and any rules and regulations promulgated by the Board in reference to aircraft, airfields, pilots and other similar subjects. Said rules and regulations, and enforcement actions taken in connection therewith, shall be in accordance with the substantive and procedural requirements of the Administrative Process Act, Chapter 40 (§ 2.2-4000 et seq.) of Title 2.2.
1979, c. 272; 2002, c. 94.
2023 Code of Virginia › Title 5.1 - Aviation › Chapter 1 - Aircraft, Airmen and Airports Generally › § 5.1-1.5. General powers of Department

The Department shall have the following general powers:
1. To employ such personnel as may be required to carry out the purposes of this chapter.
2. To make and enter into all contracts and agreements necessary or incidental to the performance of its duties and the execution of its powers under this chapter, including, but not limited to, contracts with the United States, other states, agencies and governmental subdivisions of the Commonwealth.
3. To accept grants from the United States government and agencies and instrumentalities thereof and any other source. To these ends, the Department shall have the power to comply with such conditions and execute such agreements as may be necessary, convenient or desirable.
4. To do all acts necessary or convenient to carry out the purposes of this chapter.
1979, c. 272.
2023 Code of Virginia › Title 5.1 - Aviation › Chapter 1 - Aircraft, Airmen and Airports Generally › § 5.1-1.6. Further powers and duties of Department; State Corporation Commission to administer Chapter 9

A. The Department shall have the following powers and duties:
1. Administer the provisions of Chapters 1 (§ 5.1-1 et seq.), 3 (§ 5.1-31 et seq.), 5 (§ 5.1-51 et seq.) and 8.1 (§ 5.1-88.1 et seq.);
2. Plan for the development of a state aviation system;
3. Promote aviation in the Commonwealth in the interest of the public, including representing the interests of the Commonwealth before all tribunals, agencies or offices, federal, state and local, in any matter tending to affect any phase of Virginia aviation;
4. Register aircraft and license airports and landing areas; and
5. Provide assistance to cities, towns, counties and other governmental subdivisions for the planning, development, construction and operation of airports, landing fields and other aviation facilities.
B. The State Corporation Commission shall continue to administer Chapter 9 (§ 5.1-89 et seq.).
1979, c. 272; 1991, c. 126; 1992, c. 108; 2017, c. 793.
2023 Code of Virginia › Title 5.1 - Aviation › Chapter 1 - Aircraft, Airmen and Airports Generally › § 5.1-1.7. Suits to enjoin violations of title

The Department may seek to enjoin any act in violation of any provision of this title, or of any rule or regulation promulgated under any provision of this title, by application for injunctive relief to the circuit court of the jurisdiction where the violation occurs, which shall give priority on its docket to suits brought by the Department.
1979, c. 272.
2023 Code of Virginia › Title 5.1 - Aviation › Chapter 1 - Aircraft, Airmen and Airports Generally › § 5.1-2.1. Virginia Aviation Commission continued as Virginia Aviation Board; membership; terms; Chairman

A. The Virginia Aviation Commission, a public body corporate and politic, is hereby continued within the Department of Aviation as a political subdivision of the Commonwealth and shall hereafter be known as the Virginia Aviation Board. The Board shall consist of eight members, selected so far as practicable from different geographic areas of the Commonwealth, appointed by the Governor, subject to confirmation by the General Assembly, to serve at the pleasure of the Governor. Members shall serve for four-year terms and no member shall serve for more than two full successive terms. Initial appointments to the Board shall be made as follows: one shall be for a term of one year, two shall be for terms of two years, two shall be for terms of three years, and two shall be for terms of four years each and thereafter all appointments shall be for terms of four years each. The Chairman of the Board shall be appointed by the Governor.
B. Whenever the Board shall acquire ownership or jurisdiction over an airport or airports previously operated by an agency of the United States, there may be a member appointed to the Board by the President of the United States. Such member shall have the powers and duties of other members of the Board only with respect to the airport or airports so acquired.
C. There may be a member of the Board from any county or city wherein the Board acquires or constructs an airport, to be elected by the governing body of the county or city and to serve at its pleasure. Such member shall have the powers and duties of other members of the Board only with respect to such airport. If the Board acquires an airport which was constructed by one political subdivision but is located in another, the political subdivision which constructed the airport, rather than the political subdivision in which it is located, shall be represented on the Board.
1979, c. 272; 1980, c. 750; 1985, c. 448.
2023 Code of Virginia › Title 5.1 - Aviation › Chapter 1 - Aircraft, Airmen and Airports Generally › § 5.1-2.2. Powers and duties of Board

The Board shall exercise the following powers and duties:
1. Provide a means of citizen access to the Department;
2. Provide a means of publicizing the policies and programs of the Department in order to educate the public and elicit public support for Department activities;
3. Monitor the policies and activities of the Department and have the right of access to departmental information;
4. Advise the Governor and the Director on matters relating to the Commonwealth's aviation policies and programs;
5. Promulgate such rules and regulations relating to airports, landing fields and other aviation facilities, aircraft, and such other kindred matters and things as may be proper and necessary to promote and develop safe aviation practices and operations; and
6. Develop on behalf of the Department recommendations for distribution of funds to localities by the State Corporation Commission for aviation development through the end of the 1978-80 biennium, after which time the Board shall be responsible for the allocation on behalf of the Department of all such funds as provided in this act, which funds shall be distributed by the Department in accordance with such allocation.
1979, c. 272; 1980, c. 306; 1984, c. 720; 2017, c. 793.
2023 Code of Virginia › Title 5.1 - Aviation › Chapter 1 - Aircraft, Airmen and Airports Generally › § 5.1-2.2:1. Further powers and duties of the Board

The Board shall have all the powers necessary or convenient to carry out the purposes of this chapter including, but not limited to, the power:
1. To sue in its own name, to have a seal, and to have perpetual succession;
2. To execute such contracts and other instruments and take such other action as may be necessary or convenient to carry out the purposes of this chapter;
3. To plan, establish, develop, construct, enlarge, improve, maintain, equip, operate, regulate, and protect airports and air navigation facilities, within this Commonwealth and within any adjoining state, including the acquisition, construction, installation, equipment, maintenance, and operation at such airports of buildings and other facilities for the servicing of aircraft or for the comfort and accommodation of air travelers, and the purchase and sale of supplies, goods, and commodities as an incident to the operation of its airport properties. For such purposes the Board may, by purchase, gift, devise, lease, condemnation, or otherwise, acquire property, real or personal, or any interest therein, including easements in airport hazards or land outside the boundaries of an airport or airport site, as are necessary to permit the removal, elimination, obstruction marking or obstruction lighting of airport hazards or to prevent the establishment of airport hazards, or for the enlargement of an airport constructed or acquired under this subdivision 3; provided, however, such power of eminent domain shall not extend to the taking of any radio or television towers or installation in existence on June 27, 1958;
4. To acquire, by purchase, gift, devise, or lease, existing airports and air navigation facilities;
5. To establish or acquire and maintain airports in, over, and upon any public waters of this Commonwealth or any submerged lands under such public waters; and to construct and maintain terminal buildings, landing floats, causeways, roadways, and bridges for approaches to or connecting with any such airport, and landing floats and breakwaters for the protection thereof;
6. To construct, or permit the construction of, for sale or lease, on such terms and conditions as the Board may deem proper, industrial, commercial or recreational facilities and approaches thereto and appurtenances thereof, on any lands of the Board not acquired by eminent domain and not needed for operational use of an airport owned or operated by it; provided, that any such factory or manufacturing facility shall be so constructed as not to constitute an airport hazard. In the exercise of the powers conferred by this subdivision, the Board shall comply with any applicable zoning restrictions of the political subdivision in which any airport or facility is, or is proposed to be located.
1980, c. 750.
2023 Code of Virginia › Title 5.1 - Aviation › Chapter 1 - Aircraft, Airmen and Airports Generally › § 5.1-2.2:2. Commercial air service plan

A. The Board shall develop and review every five years a commercial air service plan for commercial air service airports within the Commonwealth. In developing and reviewing such plan, the Board shall (i) analyze trends in commercial air service generally, (ii) analyze the current and projected future demographic and economic trends related to air travel needs in the Commonwealth, (iii) solicit input from other appropriate stakeholders, (iv) consider any other factors determined to be appropriate by the Board, and (v) establish reasonable goals for commercial air service based on clauses (i) through (iv).
B. In developing the plan pursuant to subsection A, the Board shall coordinate with each commercial air service airport.
C. Prior to the allocation of funds pursuant to § 33.2-1526.6, the Board shall ensure that any requested funds are not inconsistent with the Board's commercial air service plan and that no commercial service airport is penalized for not meeting goals set forth in such commercial air service plan.
2017, c. 709; 2020, cc. 1230, 1275.
2023 Code of Virginia › Title 5.1 - Aviation › Chapter 1 - Aircraft, Airmen and Airports Generally › § 5.1-2.2:3. Transparency and accountability in the use of Commonwealth Aviation Fund revenues

A. By November 1 of each year, the Board shall report to the Governor and the General Assembly on the use of Commonwealth Aviation Fund revenues the previous fiscal year. The report shall include at a minimum the following:
1. The use of entitlement funds allocated pursuant to subdivision B 1 of § 33.2-1526.6 by each air carrier airport, including the amount of funds that are unobligated;
2. The award and use of discretionary funds allocated for air carrier and reliever airports pursuant to subdivision B 2 a (1) of § 33.2-1526.6 by every such airport;
3. The award and use of discretionary funds allocated for general aviation airports pursuant to subdivision B 2 a (2) of § 33.2-1526.6 by every such airport; and
4. The award and use of discretionary funds allocated for all airports pursuant to subdivision B 2 b of § 33.2-1526.6 by every such airport.
Such report shall also include the status of ongoing projects funded in whole or in part by the Commonwealth Aviation Fund pursuant to § 33.2-1526.6.
B. Each year prior to the release of entitlement funds allocated pursuant to subdivision B 1 of § 33.2-1526.6, each air carrier airport shall submit a plan that outlines the planned use of such funds for the upcoming fiscal year to the Board for review and approval. The Board shall approve such plan provided that the use of funds is in accordance with Board policies. An airport may modify its plan during a fiscal year by submitting a revised plan to the Board for review.
C. The Board shall have the right to withhold entitlement funds allocated pursuant to subdivision B 1 of § 33.2-1526.6 in the event that the entitlement utilization plan is not approved by the Board or the airport uses the funds in a manner that is inconsistent with the approved plan.
2017, c. 709; 2018, c. 506; 2020, cc. 1230, 1275.
2023 Code of Virginia › Title 5.1 - Aviation › Chapter 1 - Aircraft, Airmen and Airports Generally › § 5.1-2.2:4. Transparency and accountability for use of Department and Board funds

A. Any (i) airport board, commission, authority, or body established pursuant to § 5.1-31 or 5.1-36 or (ii) public use privately owned airport that has received funding from the Department or Board shall keep records of receipts and disbursements thereof, which records shall be open for audit and evaluation by the appropriate state authorities.
B. By August 1 of each year, any (i) airport board, commission, authority, or body established pursuant to § 5.1-31 or 5.1-36 or (ii) public use privately owned airport that has received or disbursed funds from the Department or Board within the prior fiscal year shall submit to the Department a report detailing the purpose for which such funds were received or disbursed. The report shall also list any localities from which such entity receives funds. The Department shall make such report available to the public upon request and shall post such report on the website for the Department. Sensitive financial, personal, or security information contained in the report may be redacted at the discretion of the Department prior to public release. The Department shall send such redacted report to the governing body of any locality from which such airport board, commission, authority, or body receives funds.
2018, c. 430.
2023 Code of Virginia › Title 5.1 - Aviation › Chapter 1 - Aircraft, Airmen and Airports Generally › § 5.1-2.5. Eminent domain; right of entry

The Board is hereby vested with the power of eminent domain and may exercise the same for the purposes set forth in subdivision 3 of § 5.1-2.2:1 in the manner set forth in Chapter 2 (§ 25.1-200 et seq.) of Title 25.1 and to the extent permitted to railroads by § 56-347; provided, however, such power of eminent domain shall not extend to the taking of any radio or television towers or installation in existence on June 27, 1958. If the owner, lessee or occupier of any property to be condemned or otherwise acquired shall refuse to remove his property therefrom or give up possession thereof, the Board may proceed to obtain possession in any manner provided by law. The authorized agents and employees may enter upon any lands, waters, and premises in the Commonwealth for the purpose of making surveys, soundings, drillings, and examinations as they may deem necessary or convenient for the purposes of this chapter, and such entry shall not be deemed a trespass, nor shall an entry for such purpose be deemed an entry under any condemnation proceedings that may be then pending. The Board shall make reimbursement for any actual damage resulting to such lands, waters, and premises as a result of such activities.
1980, c. 750; 2003, c. 940.
2023 Code of Virginia › Title 5.1 - Aviation › Chapter 1 - Aircraft, Airmen and Airports Generally › § 5.1-2.6. Disposal of airport, air navigation facility or other property

Except as may be limited by the terms and conditions of any grant, loan or agreement authorized by § 5.1-2.16 the Board may, by sale, lease, or otherwise, dispose of any airport, air navigation facility, or other property, or portion thereof or interest therein, acquired pursuant to this chapter. Such disposal by sale, lease, or otherwise, shall be in accordance with the laws of this Commonwealth governing the disposition of other public property, except that in the case of disposal to another authority, a municipality or an agency of the Commonwealth or federal government for use and operation as a public airport, the sale, lease, or other disposal may be effected in such manner and upon such terms as the commissioners of the Board may deem in the best interest of aviation.
1980, c. 750.