reglab/statecodes huggingface dataset:
Virginia Administrative Code › Title 3 - ALCOHOLIC BEVERAGE AND CANNABIS CONTROL › Agency 5 - VIRGINIA ALCOHOLIC BEVERAGE CONTROL AUTHORITY › Chapter 70 - OTHER PROVISIONS › Section 3VAC5-70-130 - Special mixed beverage licenses; locations; special privileges; taxes on licenses

Current through Register Vol. 40, No. 24, July 15, 2024
A.
				Special mixed beverage licenses may be granted to persons by the board at
				places primarily engaged in the sale of meals where the place to be occupied is
				owned by the government of the United States, or any agency thereof, is located
				on land used as a port of entry or egress to and from the United States, and
				otherwise complies with the requirements of § 7.1-21.1 of the Code of
				Virginia, which licenses shall convey all of the privileges and be subject to
				all of the requirements and regulations pertaining to mixed beverage restaurant
				licensees, except as otherwise altered or modified herein.
B. "Meals" need not be "full meals," but
				shall at least constitute "light lunches," and the gross receipts from the sale
				of food and nonalcoholic beverages at such establishment shall be not less than
				45% of the gross receipts from the sale of mixed beverages and food.
C. The annual tax on a special mixed beverage
				license shall be $500 and shall not be prorated; provided, however, that if
				application is made for a license of shorter duration, the tax thereon shall be
				$25 per day.
Statutory Authority
§§ 4.1-100, 4.1-103, 4.1-111, 4.1-204, 4.1-210,
					 4.1-221 and 7.1-21 of the Code of Virginia.
Virginia Administrative Code › Title 3 - ALCOHOLIC BEVERAGE AND CANNABIS CONTROL › Agency 5 - VIRGINIA ALCOHOLIC BEVERAGE CONTROL AUTHORITY › Chapter 70 - OTHER PROVISIONS › Section 3VAC5-70-140 - Definitions and requirements for wine licenses; wine; wine coolers

Current through Register Vol. 40, No. 24, July 15, 2024
Wherever the term "wine" appears in this chapter, it shall
				  include "wine coolers" as defined in § 4.1-100 of the Code of Virginia.
				  Wine coolers shall be treated as wine for the purposes of the regulations,
				  except for purposes of taxation and shipments from points outside the
				  Commonwealth to installations of the United States armed forces located within
				  the Commonwealth for resale on such installations, in accordance with
				  §§ 4.1-112 and 4.1-236 of the Code of Virginia and
				  3VAC5-60-70.
Any person licensed to manufacture, bottle or sell wine
				  shall not be required to pay any additional state tax for any license to
				  manufacture, bottle or sell, as the case may be, any wine cooler. Such person
				  shall have the privilege to manufacture, bottle or sell any wine cooler under
				  the provisions of Title 4.1 of the Code of Virginia as long as his license
				  remains in full force and effect.
Statutory Authority
§§ 4.1-100, 4.1-103, 4.1-111, 4.1-112, 4.1-204
					 and 4.1-236 of the Code of Virginia.
Virginia Administrative Code › Title 3 - ALCOHOLIC BEVERAGE AND CANNABIS CONTROL › Agency 5 - VIRGINIA ALCOHOLIC BEVERAGE CONTROL AUTHORITY › Chapter 70 - OTHER PROVISIONS › Section 3VAC5-70-150 - Wholesale alcoholic beverage sales; winery and brewery discounts, price-fixing; price increases; price discrimination; inducements

Current through Register Vol. 40, No. 24, July 15, 2024
A. No winery as
				defined in § 4.1-401 or brewery as defined in § 4.1-500 of the Code
				of Virginia shall require a wholesale licensee to discount the price at which
				the wholesaler shall sell any alcoholic beverage to persons holding licenses
				authorizing sale of such merchandise at retail. No winery, brewery, bottler or
				wine or beer importer shall in any other way fix or maintain the price at which
				a wholesaler shall sell any alcoholic beverage.
B. No winery as defined in § 4.1-401 or
				brewery as defined in § 4.1-500 of the Code of Virginia shall increase the
				price charged any person holding a wholesale license for alcoholic beverages
				except by written notice to the wholesaler signed by an authorized officer or
				agent of the winery, brewery, bottler or importer which shall contain the
				amount and effective date of the increase.
No increase shall take effect prior to 30 calendar days
				  following the date on which the notice is postmarked; provided that the board
				  may authorize such price increases to take effect with less than the aforesaid
				  30 calendar days' notice if a winery, brewery, bottler or importer so requests
				  and demonstrates good cause therefor.
The provisions of this subsection shall not apply in any case
				  where the importer required to provide notice of a price increase and the
				  wholesaler to whom notice is to be provided are the same person.
C. No winery as defined in §
				4.1-401 or brewery as defined in § 4.1-500 of the Code of Virginia shall
				discriminate in price of alcoholic beverages between different wholesale
				purchasers except where the difference in price charged by such winery or
				brewery is due to a bona fide difference in the cost of sale or delivery, or
				where a lower price was charged in good faith to meet an equally low price
				charged by a competing winery or brewery on a brand and package of like grade
				and quality. Where such difference in price charged to any such wholesaler does
				occur, the board may ask and the winery or brewery shall furnish written
				substantiation for the price difference.
D. No person holding a license authorizing
				the sale of alcoholic beverages at wholesale shall knowingly induce or receive
				a discrimination in price prohibited by subsection C of this section.
Statutory Authority: § 4.1-111 of the Code of Virginia
					 (3VAC5-70-90,
					 3VAC5-70-100,
					 3VAC5-70-150,
					 3VAC5-70-220
					 ).
Virginia Administrative Code › Title 3 - ALCOHOLIC BEVERAGE AND CANNABIS CONTROL › Agency 5 - VIRGINIA ALCOHOLIC BEVERAGE CONTROL AUTHORITY › Chapter 70 - OTHER PROVISIONS › Section 3VAC5-70-160 - Farm wineries; percentage of Virginia products; other agricultural products; remote outlets

Current through Register Vol. 40, No. 24, July 15, 2024
A. No
				more than 25% of the fruits, fruit juices or other agricultural products used
				by the farm winery licensee shall be grown or produced outside the
				Commonwealth, except upon permission of the board as provided in § 4.1-219
				of the Code of Virginia. This 25% limitation applies to the total production of
				the farm winery, not individual brands or labels.
B. The term "other agricultural products," as
				used in subsection A of this section, includes wine.
C. A farm winery license limits retail sales
				to the premises of the winery and to five additional retail establishments that
				need not be located on the premises. These five additional retail outlets may
				be moved throughout the state as long as advance board approval is obtained for
				the location, equipment and facilities of each remote outlet.
Statutory Authority
§§ 4.1-103 and 4.1-111 of the Code of Virginia.
Virginia Administrative Code › Title 3 - ALCOHOLIC BEVERAGE AND CANNABIS CONTROL › Agency 5 - VIRGINIA ALCOHOLIC BEVERAGE CONTROL AUTHORITY › Chapter 70 - OTHER PROVISIONS › Section 3VAC5-70-170 - Credit and debit cards

Current through Register Vol. 40, No. 24, July 15, 2024
Government stores may accept credit or debit cards from
				  consumers and licensees for the purchase of alcoholic beverages. The board may
				  establish policies to set purchase requirements, determine the credit or debit
				  cards that will be accepted, provide for the collection of related fees,
				  penalties or service charges where appropriate, establish credit procedures for
				  returned merchandise and make any other decisions to carry out the purpose of
				  this chapter.
Statutory Authority
§§ 4.1-103, 4.1-111 and 4.1-119 of the Code of
					 Virginia.
Virginia Administrative Code › Title 3 - ALCOHOLIC BEVERAGE AND CANNABIS CONTROL › Agency 5 - VIRGINIA ALCOHOLIC BEVERAGE CONTROL AUTHORITY › Chapter 70 - OTHER PROVISIONS › Section 3VAC5-70-180 - Regulation of the sale of alcoholic beverages in kegs and other containers; permit and registration; other requirements

Current through Register Vol. 40, No. 24, July 15, 2024
A. The following definitions shall apply for
				purposes of this section:
1. "Keg." Any
				container capable of holding four gallons or more of beer or wine and which is
				designed to dispense beer or wine directly from the container for purposes of
				consumption; and
2. "Registration
				seal." Any document, stamp, declaration, seal, decal, sticker or device
				approved by the board which is designed to be affixed to kegs and which
				displays a registration number and such other information as may be prescribed
				by the board.
Virginia Administrative Code › Title 3 - ALCOHOLIC BEVERAGE AND CANNABIS CONTROL › Agency 5 - VIRGINIA ALCOHOLIC BEVERAGE CONTROL AUTHORITY › Chapter 70 - OTHER PROVISIONS › Section 3VAC5-70-190 - Waiver of banquet license tax; qualifications; restrictions and conditions; exceptions

Current through Register Vol. 40, No. 24, July 15, 2024
A.
				Pursuant to § 4.1-111 of the Code of Virginia, the board may waive the
				banquet license tax for a duly organized not-for-profit corporation or
				association holding a nonprofit event. A "nonprofit event" means income from
				the event shall not exceed expenses for the event. Fixed costs, including but
				not limited to staff salaries, rent, utilities and depreciation, shall not be
				included as expenses.
B.
1. The applicant shall sign an affidavit
				certifying the not-for-profit status of the corporation or association and that
				the event being held is nonprofit.
2. The applicant may serve alcoholic
				beverages in any combination, the amount to be no more than that which equals
				the total alcohol content by volume in two kegs of beer (31 gallons).
3. The granting of a waiver is limited to two
				events per fiscal year (July 1 - June 30) for any qualifying corporation or
				association.
Virginia Administrative Code › Title 3 - ALCOHOLIC BEVERAGE AND CANNABIS CONTROL › Agency 5 - VIRGINIA ALCOHOLIC BEVERAGE CONTROL AUTHORITY › Chapter 70 - OTHER PROVISIONS › Section 3VAC5-70-200 - Grain alcohol; permits; qualifications; records; refusal, suspension, or revocation

Current through Register Vol. 40, No. 24, July 15, 2024
A. The
				board may issue a yearly permit authorizing the permittee to purchase grain
				alcohol with a proof greater than 151 at government stores for any of the
				following purposes:
1. Industrial
				use;
2. Commercial use;
3. Culinary use; or
4. Medical use.
Virginia Administrative Code › Title 3 - ALCOHOLIC BEVERAGE AND CANNABIS CONTROL › Agency 5 - VIRGINIA ALCOHOLIC BEVERAGE CONTROL AUTHORITY › Chapter 70 - OTHER PROVISIONS › Section 3VAC5-70-225 - Delivery permits; application process; records and reports

Current through Register Vol. 40, No. 24, July 15, 2024
A. Any out of state
				person or entity qualified for a delivery permit pursuant to §
									4.1-212.1
				of the Code of Virginia must apply for such permit by submitting Form 805-52,
				Retail License Application. The applicant shall attach (i) a photocopy of its
				current license as an alcoholic beverage retailer that is authorized to sell
				wine or beer at retail for off-premises consumption, issued by the appropriate
				authority for the location from which deliveries will be made and (ii) evidence
				of the applicant's registration with the Virginia Department of Taxation for
				the collection of Virginia retail sales tax.
B. Delivery permittees and licensees with
				delivery privileges shall maintain for two years complete and accurate records
				of all deliveries made under the privileges of such permits, including for each
				delivery:
1. Number of containers
				delivered;
2. Volume of each
				container delivered;
3. Brand of
				each container delivered;
4. Names
				and addresses of recipients;
5.
				Signature of recipient; and
6.
				Price charged for the wine or beer delivered.
The records required by this subsection shall be made
				  available for inspection and copying by any member of the board or its special
				  agents upon request.
Virginia Administrative Code › Title 3 - ALCOHOLIC BEVERAGE AND CANNABIS CONTROL › Agency 5 - VIRGINIA ALCOHOLIC BEVERAGE CONTROL AUTHORITY › Chapter 70 - OTHER PROVISIONS › Section 3VAC5-70-230 - Sale of designer or vintage spirit bottles

Current through Register Vol. 40, No. 24, July 15, 2024
Collectors of designer or vintage bottles containing
				  distilled spirits may sell them at auction under the following
				  conditions:
1. The seller shall notify
				the secretary to the board of the date, time, and place of the auction
				sale.
2. Any bottle sold must be
				unopened and the manufacturer's seals, marks, or stamps affixed to the bottles
				must be intact.
3. The auction must
				be conducted in accordance with the provisions of Chapter 6 (§ 54.1-600 et
				seq.) of Title 54.1 of the Code of Virginia.
4. Any purchaser at such auction must be a
				minimum of 21 years of age.
5. For
				two years from the date of sale, the auctioneer must keep records, available to
				the board upon request, of the name and address of each purchaser and a
				description of the alcoholic beverages purchased.
Statutory Authority
§§ 4.1-103 and 4.1-111 of the Code of Virginia.
Virginia Administrative Code › Title 3 - ALCOHOLIC BEVERAGE AND CANNABIS CONTROL › Agency 5 - VIRGINIA ALCOHOLIC BEVERAGE CONTROL AUTHORITY › Chapter 70 - OTHER PROVISIONS › Section 3VAC5-70-250 - Waiver of penalty for certain first-time violations

Current through Register Vol. 40, No. 24, July 15, 2024
A. In accordance with subdivision E 4 of
				§ 4.1-227 of the Code of Virginia, whenever the board finds that a charge
				against a licensee for a violation listed in this subsection is substantiated,
				the licensee has had no prior violations within five years immediately
				preceding the date of the subject violation, and the subject violation was not
				willful and knowing, the board shall enter an order substantiating the
				violation without imposing a penalty. The provisions of this subsection shall
				apply to the following violations:
1. Keeping
				unauthorized alcoholic beverages on the premises, upon which appropriate taxes
				have been paid;
2. Allowing an
				intoxicated person to loiter on the premises;
3. After hours sales or consumption of
				alcoholic beverages;
4. No
				designated manager on premises;
5.
				Invalid check to wholesaler or board;
6. Inadequate illumination;
7. Not timely submitting a report required by
				statute or regulation;
8.
				Designated manager not posted;
9.
				Person less than 18 years of age serving alcoholic beverages; less than 21
				years of age acting as bartender;
10. Sale of alcoholic beverages in
				unauthorized place or manner;
11.
				Consumption of alcoholic beverages in unauthorized area;
12. Removal of alcoholic beverages from
				authorized area;
13. Failure to
				obliterate mixed beverage stamps;
14. Employee on duty consuming alcoholic
				beverages;
15. Conducting illegal
				happy hour;
16. Illegally
				advertising happy hour;
17.
				Unauthorized advertising;
18.
				Failure to remit state beer/wine tax (if deficiency has been
				corrected);
19. Wholesaler sale of
				wine/beer in unauthorized manner; and
20. Wholesaler sale of wine/beer to
				unauthorized person.
Virginia Administrative Code › Title 3 - ALCOHOLIC BEVERAGE AND CANNABIS CONTROL › Agency 5 - VIRGINIA ALCOHOLIC BEVERAGE CONTROL AUTHORITY › Chapter 70 - OTHER PROVISIONS › Form - FORMS (3VAC5-70)

Current through Register Vol. 40, No. 24, July 15, 2024
Order
				  and Permit for Transportation of Alcohol (rev. 11/2015)
Order
				  and Permit for Transportation of Alcoholic Beverages (rev.
				  11/2015)
Instructions
				  for Completion of the Mixed Beverage Annual Report and Inventory Report (rev.
				  6/2018)
Application
				  for Grain Alcohol Permit, #805-75 (filed 8/2021)
Special
				  Event License Application Addendum-Notice to Special Event Licenses Applicants,
				  Form SE-1 (rev. 3/2019)
Statement
				  of Income and Expenses for Special Event Licenses (with instructions), Form
				  SE-2 (rev. 3/2019)
Alcohol
				  Seller/Server Training Data Form and Evaluation Form (eff.
				  7/2009)
Statutory Authority: §
											4.1-111
					 of the Code of Virginia.
Virginia Administrative Code › Title 3 - ALCOHOLIC BEVERAGE AND CANNABIS CONTROL › Agency 10 - VIRGINIA CANNABIS CONTROL AUTHORITY › Chapter 20 - MEDICAL CANNABIS PROGRAM FEES › Section 3VAC10-20-10 - Definitions

Current through Register Vol. 40, No. 24, July 15, 2024
In addition to words and terms defined in §
									4.1-600 of the Code of Virginia, the following words and terms when used in this chapter shall have the following meanings, unless the context clearly indicates otherwise:
"Board" means the Board of Directors of the Virginia Cannabis Control Authority.
"Cannabis cultivation facility" means a location at which the board has authorized a pharmaceutical processor to cultivate cannabis plants pursuant to §
									4.1-1602 of the Code of Virginia and the requirements of 3VAC10-30-160.
"Certification" means a written statement, consistent with requirements of §
									4.1-1601 of the Code of Virginia, issued by a practitioner for the use of cannabis products for treatment of or to alleviate the symptoms of any diagnosed condition or disease determined by the practitioner to benefit from such use.
"Medical cannabis facility" means a pharmaceutical processor, cannabis dispensing facility, or cannabis cultivation facility.
"PIC" means the pharmacist-in-charge whose name is on the pharmaceutical processor or cannabis dispensing facility application for a permit that has been issued and who shall have oversight of the processor's dispensing area or cannabis dispensing facility.
"Production" or "produce" means the manufacture, planting, preparation, cultivation, growing, harvesting, propagation, conversion, or processing of marijuana for the creation of usable cannabis, botanical cannabis, or a cannabis product derived thereof, (i) directly or indirectly by extraction from substances of natural origin, (ii) independently by means of chemical synthesis, or (iii) by a combination of extraction and chemical synthesis. "Production" or "produce" includes any packaging or repackaging of the substance or labeling or relabeling of its container.
"Qualifying patient" means a Virginia resident who has received from a practitioner, as defined in §
									4.1-1600 of the Code of Virginia, a written certification for the use of cannabis products for treatment of or to alleviate the symptoms of any diagnosed condition or disease.
"Registration" means an identification card or other document issued by the board that identifies a person as a qualifying patient, parent, legal guardian, or registered agent that has voluntarily registered with the board.
"Resident" means a person whose principal place of residence is within the Commonwealth as evidenced by a federal or state income tax return or a current Virginia driver's license. If a person is a minor, residency may be established by evidence of Virginia residency by a parent or legal guardian.
"Responsible party" means the person designated on the pharmaceutical processor application who shall have oversight of the cultivation and production areas of the pharmaceutical processor.
Statutory Authority: §§
											4.1-601,  4.1-604, and  4.1-606 of the Code of Virginia.
Virginia Administrative Code › Title 3 - ALCOHOLIC BEVERAGE AND CANNABIS CONTROL › Agency 10 - VIRGINIA CANNABIS CONTROL AUTHORITY › Chapter 20 - MEDICAL CANNABIS PROGRAM FEES › Section 3VAC10-20-20 - Qualifying patient, parent, legal guardian, or registered agent registration fee

Current through Register Vol. 40, No. 24, July 15, 2024
A. Registration under this section is voluntary.
B. Qualifying patient, parent, legal guardian, or registered agent registration fees are required by the board as specified in this section. Unless otherwise provided, fees listed in this section shall not be refundable.
C. Registration by a qualifying patient, parent, legal guardian, or registered agent.
1. Initial registration of a patient.
$50
2. Annual renewal of registration of a patient.
$50
3. Initial registration of a parent or legal guardian.
$25
4. Annual renewal of registration of a parent or guardian.
$25
5. Initial registration or annual renewal of a registered agent
$25
6. Replacement of registration for a qualifying patient, parent, legal guardian, or registered agent whose original registration certificate has been lost, stolen, or destroyed.
$25
D. The handling fee for returned check or dishonored credit card or debit card shall be $50.
Statutory Authority: §§
											4.1-601,  4.1-604, and  4.1-606 of the Code of Virginia.
Virginia Administrative Code › Title 3 - ALCOHOLIC BEVERAGE AND CANNABIS CONTROL › Agency 10 - VIRGINIA CANNABIS CONTROL AUTHORITY › Chapter 20 - MEDICAL CANNABIS PROGRAM FEES › Section 3VAC10-20-30 - Pharmaceutical processor permit fee

Current through Register Vol. 40, No. 24, July 15, 2024
A. Pharmaceutical processor permit fees are required by the board as specified in this section. Unless otherwise provided, fees listed in this section shall not be refundable.
B. Pharmaceutical processor permit.
1. Application.
$18,000
2. Initial permit.
$165,000
3. Annual renewal of permit.
$132,000
4. Change of name of processor.
$200
5. Change of PIC or responsible party or any other information provided on the permit application.
$200
6. Change of ownership not requiring a criminal background check.
$200
7. Change of ownership requiring a criminal background check.
$500
8. Any acquisition, expansion, remodel, or change of location requiring an inspection.
$5,000
9. Reinspection fee.
$5,000
10. Registration of each cannabis product.
$50
C. The handling fee for returned check or dishonored credit card or debit card shall be $50.
Statutory Authority: §§
											4.1-601,  4.1-604, and  4.1-606 of the Code of Virginia.
Virginia Administrative Code › Title 3 - ALCOHOLIC BEVERAGE AND CANNABIS CONTROL › Agency 10 - VIRGINIA CANNABIS CONTROL AUTHORITY › Chapter 20 - MEDICAL CANNABIS PROGRAM FEES › Section 3VAC10-20-40 - Cannabis dispensing facility permit fee

Current through Register Vol. 40, No. 24, July 15, 2024
A. Cannabis dispensing facility permit fees are required by the board as specified in this section. Unless otherwise provided, fees listed in this section shall not be refundable.
B. Cannabis dispensing facility permit.
1. Application.
$5,000
2. Initial permit.
$80,000
3. Annual renewal of permit.
$64,000
4. Change of name of dispensing facility.
$200
5. Change of PIC or any other information provided on the permit application.
$200
6. Change of ownership not requiring a criminal background check.
$200
7. Change of ownership requiring a criminal background check.
$500
8. Any acquisition, expansion, remodel, or change of location requiring an inspection.
$5,000
9. Reinspection fee.
$5,000
C. The handling fee for returned check or dishonored credit card or debit card shall be $50.
Statutory Authority: §§
											4.1-601,  4.1-604, and  4.1-606 of the Code of Virginia.
Virginia Administrative Code › Title 3 - ALCOHOLIC BEVERAGE AND CANNABIS CONTROL › Agency 10 - VIRGINIA CANNABIS CONTROL AUTHORITY › Chapter 20 - MEDICAL CANNABIS PROGRAM FEES › Section 3VAC10-20-50 - Cannabis cultivation facility fee

Current through Register Vol. 40, No. 24, July 15, 2024
A. Cannabis cultivation facility fees are required by the board as specified in this section. Unless otherwise provided, fees listed in this section shall not be refundable.
B. Cannabis cultivation facility.
1. Application.
$5,000
2. Initial authorization.
$80,000
3. Annual renewal.
$64,000
4. Change of PIC or any other information provided on the application.
$200
5. Change of ownership not requiring a criminal background check.
$200
6. Change of ownership requiring a criminal background check.
$500
7. Any acquisition, expansion, remodel, or change of location requiring an inspection.
$5,000
8. Reinspection fee.
$5,000
C. The handling fee for returned check or dishonored credit card or debit card shall be $50.
Statutory Authority: §§
											4.1-601,  4.1-604, and  4.1-606 of the Code of Virginia.
Virginia Administrative Code › Title 3 - ALCOHOLIC BEVERAGE AND CANNABIS CONTROL › Agency 10 - VIRGINIA CANNABIS CONTROL AUTHORITY › Chapter 30 - APPLICATIONS, LICENSES, PERMITS, AND REGISTRATIONS › Section 3VAC10-30-20 - Reserved

Current through Register Vol. 40, No. 24, July 15, 2024
Statutory Authority: §§
											4.1-601,
					 4.1-604, and
					 4.1-606 of the Code of
					 Virginia.
Virginia Administrative Code › Title 3 - ALCOHOLIC BEVERAGE AND CANNABIS CONTROL › Agency 10 - VIRGINIA CANNABIS CONTROL AUTHORITY › Chapter 30 - APPLICATIONS, LICENSES, PERMITS, AND REGISTRATIONS › Section 3VAC10-30-30 - Requirements for practitioner issuing a certification

Current through Register Vol. 40, No. 24, July 15, 2024
A. Prior to issuing a certification for
				cannabis products for any diagnosed condition or disease, the practitioner
				shall meet the requirements of §
									4.1-1601 of the Code of
				Virginia.
B. A practitioner issuing
				a certification shall:
1. Conduct an
				assessment and evaluation of the patient in order to develop a treatment plan
				for the patient, which shall include an examination of the patient and the
				patient's medical history, prescription history, and current medical
				condition;
2. Diagnose the
				patient;
3. Be of the opinion that
				the potential benefits of cannabis products would likely outweigh the health
				risks of such use to the qualifying patient;
4. Authorize on the written certification the
				use of botanical cannabis for a minor patient if the practitioner determines
				such use is consistent with the standard of care to dispense botanical cannabis
				to a minor. If not specifically included on the initial written certification,
				authorization for botanical cannabis may be communicated verbally or in writing
				to the pharmacist at the time of dispensing;
5. Explain proper administration and the
				potential risks and benefits of the cannabis product to the qualifying patient,
				and if the qualifying patient lacks legal capacity, to a parent or legal
				guardian prior to issuing the written certification;
6. Be available or ensure that another
				practitioner, as defined in §
										4.1-1600 of the Code of Virginia,
				is available to provide follow-up care and treatment to the qualifying patient,
				including physical examinations, to determine the efficacy of cannabis products
				for treating the diagnosed condition or disease;
7. Comply with generally accepted standards
				of medical practice, except to the extent such standards would counsel against
				certifying a qualifying patient for cannabis products;
8. Maintain medical records in accordance
				with 18VAC85-20-26 for all patients for
				whom the practitioner has issued a certification; and
9. Access or direct the practitioner's
				delegate to access the Virginia Prescription Monitoring Program of the
				Department of Health Professions for the purpose of determining which, if any,
				covered substances have been dispensed to the patient.
Virginia Administrative Code › Title 3 - ALCOHOLIC BEVERAGE AND CANNABIS CONTROL › Agency 10 - VIRGINIA CANNABIS CONTROL AUTHORITY › Chapter 30 - APPLICATIONS, LICENSES, PERMITS, AND REGISTRATIONS › Section 3VAC10-30-40 - Prohibited practices for practitioners

Current through Register Vol. 40, No. 24, July 15, 2024
A. A practitioner who issues certifications
				shall not:
1. Directly or indirectly accept,
				solicit, or receive anything of value from any person associated with a
				pharmaceutical processor or provider of paraphernalia, excluding information on
				products or educational materials on the benefits and risks of cannabis
				products;
2. Offer a discount or
				any other thing of value to a qualifying patient, parent, guardian, or
				registered agent based on the patient's agreement or decision to use a
				particular pharmaceutical processor or cannabis product;
3. Examine a qualifying patient for purposes
				of diagnosing the condition or disease at a location where cannabis products
				are dispensed or produced; or
4.
				Directly or indirectly benefit from a patient obtaining a certification. Such
				prohibition shall not prohibit a practitioner from charging an appropriate fee
				for the patient visit.
Virginia Administrative Code › Title 3 - ALCOHOLIC BEVERAGE AND CANNABIS CONTROL › Agency 10 - VIRGINIA CANNABIS CONTROL AUTHORITY › Chapter 30 - APPLICATIONS, LICENSES, PERMITS, AND REGISTRATIONS › Section 3VAC10-30-50 - Registration of a patient, parent, legal guardian, or registered agent

Current through Register Vol. 40, No. 24, July 15, 2024
A. A qualifying
				patient, or a parent or legal guardian of a minor or vulnerable adult, for whom
				a practitioner has issued a certification may voluntarily request registration
				in accordance with this section. For issuance of a registration, the following
				items shall be submitted:
1. A copy of the
				certification issued by a practitioner;
2. Proof of residency of the qualifying
				patient and proof of residency of a parent or legal guardian, if applicable,
				such as a government-issued identification card or tax receipt or proof of
				temporary residency, if applicable, such as a current academic identification
				card from a Virginia institution of higher learning, rental agreement, utility
				bill, or attestation on a form prescribed by the board that contains
				information sufficient to document temporary residency in Virginia;
3. Proof of identity of the qualifying
				patient, and if the patient is a minor, proof of identity of the parent or
				legal guardian in the form of a government-issued identification
				card;
4. Proof of the qualifying
				patient's age in the form of a birth certificate or other government-issued
				identification;
5. Payment of the
				appropriate fees; and
6. Such other
				information as the board may require to determine the applicant's suitability
				for registration or to protect public health and safety.
Virginia Administrative Code › Title 3 - ALCOHOLIC BEVERAGE AND CANNABIS CONTROL › Agency 10 - VIRGINIA CANNABIS CONTROL AUTHORITY › Chapter 30 - APPLICATIONS, LICENSES, PERMITS, AND REGISTRATIONS › Section 3VAC10-30-60 - Denial of a patient, parent, legal guardian, or registered agent registration application

Current through Register Vol. 40, No. 24, July 15, 2024
A. The
				board may deny an application or renewal of the registration of a registered
				agent or the voluntary registration or renewal of a patient, parent, or legal
				guardian if the applicant:
1. Does not meet
				the requirements set forth in law or regulation or fails to provide complete
				information on the application form;
2. Does not provide acceptable proof of
				identity, residency or temporary residency, or age of the patient to the
				board;
3. Provides false,
				misleading, or incorrect information to the board;
4. Has had a registration request denied or
				registered agent status denied, suspended, or revoked by the board in the
				previous six months;
5. Has
				presented a certification issued by a practitioner who is not authorized to
				certify patients for cannabis products; or
6. Has a prior conviction of a violation of
				any law pertaining to controlled substances.
Virginia Administrative Code › Title 3 - ALCOHOLIC BEVERAGE AND CANNABIS CONTROL › Agency 10 - VIRGINIA CANNABIS CONTROL AUTHORITY › Chapter 30 - APPLICATIONS, LICENSES, PERMITS, AND REGISTRATIONS › Section 3VAC10-30-70 - Reporting requirements for practitioners, patients, parents, legal guardians, or registered agents

Current through Register Vol. 40, No. 24, July 15, 2024
A. A practitioner shall report to the board,
				in a manner prescribed by the board, the death of a patient or a change in
				status of a patient for whom the practitioner has issued a certification if
				such change affects the patient's continued eligibility to use cannabis
				products or the practitioner's inability to continue treating the patient. A
				practitioner shall report such death, change of status, or inability to
				continue treatment not more than 15 days after the practitioner becomes aware
				of such fact.
B. A patient, parent,
				or legal guardian who has been issued a registration shall notify the board of
				any change in the information provided to the board not later than 15 days
				after such change. The patient, parent, or legal guardian shall report changes
				that include a change in name, address, contact information, medical status of
				the patient, or change of the certifying practitioner. The patient, parent, or
				legal guardian shall report such changes on a form prescribed by the
				board.
C. A registered agent who
				has been issued a registration shall notify the board of any change in the
				information provided to the board not later than 15 days after such change, to
				include a change in the identifying information of the patient for whom the
				registered agent is serving as a registered agent.
D. If a patient, parent, legal guardian, or
				registered agent notifies the board of any change that results in information
				on the registration of the patient, parent, legal guardian, or registered agent
				being inaccurate, the board shall issue a replacement registration. Upon
				receipt of a new registration, the qualifying patient, parent, legal guardian,
				or registered agent shall destroy in a nonrecoverable manner the registration
				that was replaced.
E. If a patient,
				parent, legal guardian, or registered agent becomes aware of the loss, theft,
				or destruction of the registration of such patient, parent, legal guardian, or
				registered agent, the registrant shall notify the board not later than five
				business days after becoming aware of the loss, theft, or destruction and
				submit the fee for a replacement registration. The board shall issue a
				replacement registration upon receiving the applicable fee, provided the
				applicant continues to satisfy the requirements of law and
				regulation.
Statutory Authority: §§
											4.1-601,
					 4.1-604, and
					 4.1-606 of the Code of
					 Virginia.
Virginia Administrative Code › Title 3 - ALCOHOLIC BEVERAGE AND CANNABIS CONTROL › Agency 10 - VIRGINIA CANNABIS CONTROL AUTHORITY › Chapter 30 - APPLICATIONS, LICENSES, PERMITS, AND REGISTRATIONS › Section 3VAC10-30-80 - Invalidation of the voluntary registration of a patient, parent, legal guardian, or registered agent

Current through Register Vol. 40, No. 24, July 15, 2024
The board may invalidate the voluntary registration of a
				  patient, parent, legal guardian, or registered agent under the following
				  circumstances:
1. The patient's
				practitioner notifies the board that the practitioner is withdrawing the
				written certification submitted on behalf of the patient, and 30 days after the
				practitioner's withdrawal of the written certification, the patient has not
				obtained a valid written certification from a different practitioner;
2. The voluntarily registered patient,
				parent, legal guardian, or registered agent provided false, misleading, or
				incorrect information to the board;
3. The voluntarily registered patient is no
				longer a resident of Virginia or is no longer temporarily residing in
				Virginia;
4. The voluntarily
				registered patient, parent, legal guardian, or registered agent obtained more
				than a 90-day supply of cannabis products in a 90-day period;
5. The voluntarily registered patient,
				parent, legal guardian, or registered agent sold or improperly provided
				cannabis products to any person, including another registered agent;
6. The voluntarily registered patient,
				parent, legal guardian, or registered agent permitted another person to use the
				registration of the voluntarily registered patient, parent, legal guardian, or
				registered agent, except as required for a registered agent to act on behalf of
				a patient;
7. The voluntarily
				registered patient, parent, legal guardian, or registered agent tampered,
				falsified, altered, modified, or allowed another person to tamper, falsify,
				alter, or modify the registration of the voluntarily registered patient,
				parent, legal guardian, or registered agent;
8. The registration of the voluntarily
				registered patient, parent, legal guardian, or registered agent was lost,
				stolen, or destroyed, and the voluntarily registered patient, parent, legal
				guardian, or registered agent failed to notify the board or notified the board
				of such incident more than five business days after becoming aware that the
				registration was lost, stolen, or destroyed;
9. The voluntarily registered patient,
				parent, legal guardian, or registered agent failed to notify the board of a
				change in registration information or notified the board of such change more
				than 15 days after the change; or
10. The voluntarily registered patient,
				parent, legal guardian, or registered agent violated any federal or state law
				or regulation.
Statutory Authority: §§
											4.1-601,
					 4.1-604, and
					 4.1-606 of the Code of
					 Virginia.
Virginia Administrative Code › Title 3 - ALCOHOLIC BEVERAGE AND CANNABIS CONTROL › Agency 10 - VIRGINIA CANNABIS CONTROL AUTHORITY › Chapter 30 - APPLICATIONS, LICENSES, PERMITS, AND REGISTRATIONS › Section 3VAC10-30-90 - Medical cannabis facility employee licenses and registrations

Current through Register Vol. 40, No. 24, July 15, 2024
A. A pharmacist
				with a current, unrestricted license issued by the Board of Pharmacy practicing
				at the location of the address on the pharmaceutical processor or cannabis
				dispensing facility application shall be in full and actual charge of the
				dispensing area of a pharmaceutical processor or of a cannabis dispensing
				facility and shall serve as the pharmacist-in-charge.
B. A pharmacist with a current, unrestricted
				license issued by the Board of Pharmacy shall provide personal supervision on
				the premises of the dispensing area of the pharmaceutical processor or of a
				cannabis dispensing facility at all times during its hours of operation, unless
				all cannabis products are contained in a vault or other similar container to
				which only the pharmacist has access controls.
C. The person who is designated as the
				responsible party for a pharmaceutical processor shall practice at the location
				of the address on the pharmaceutical processor application, shall have
				oversight of the cultivation and production areas, and shall possess:
1. A current, unrestricted license as a
				pharmacist issued by the Board of Pharmacy;
2. A degree in chemistry, pharmacology, or a
				field related to the cultivation of plants;
3. A certification recognized by the board;
				or
4. At least two years of
				verifiable experience cultivating plants or extracting chemicals from
				plants.
Virginia Administrative Code › Title 3 - ALCOHOLIC BEVERAGE AND CANNABIS CONTROL › Agency 10 - VIRGINIA CANNABIS CONTROL AUTHORITY › Chapter 30 - APPLICATIONS, LICENSES, PERMITS, AND REGISTRATIONS › Section 3VAC10-30-100 - Publication of notice for submission of applications

Current through Register Vol. 40, No. 24, July 15, 2024
A. The board shall publish a notice of open
				applications for pharmaceutical processor permits. Such notice shall include
				information on how to obtain and complete an application, the required fees,
				the criteria for issuance of a permit, and the deadline for receipt of
				applications.
B. The board shall
				have the right to amend the notice of open applications prior to the deadline
				for submitting an application. Such amended notice shall be published in the
				same manner as the original notice of open applications.
C. The board shall have the right to cancel a
				notice of open applications prior to the award of a pharmaceutical processor
				permit.
Statutory Authority: §§
											4.1-601,
					 4.1-604, and
					 4.1-606 of the Code of
					 Virginia.
Virginia Administrative Code › Title 3 - ALCOHOLIC BEVERAGE AND CANNABIS CONTROL › Agency 10 - VIRGINIA CANNABIS CONTROL AUTHORITY › Chapter 30 - APPLICATIONS, LICENSES, PERMITS, AND REGISTRATIONS › Section 3VAC10-30-120 - Conditional approval

Current through Register Vol. 40, No. 24, July 15, 2024
A.
				Following the deadline for receipt of applications, the board shall evaluate
				each complete and timely submitted application and may grant conditional
				approval on a competitive basis based on compliance with requirements set forth
				in 3VAC10-30-110.
B. The board shall consider, but is not
				limited to, the following criteria in evaluating pharmaceutical processor
				permit applications:
1. The results of the
				criminal background checks required in
				3VAC10-30-110 B 3 or any history of
				disciplinary action imposed by a state or federal regulatory agency;
2. The location for the proposed
				pharmaceutical processor, which shall not be within 1,000 feet of a school or
				day care;
3. The applicant's
				ability to maintain adequate control against the diversion, theft, and loss of
				the cannabis, to include the seeds, any parts, or extracts of the cannabis
				plants or the cannabis products;
4.
				The applicant's ability to maintain the knowledge, understanding, judgment,
				procedures, security controls, and ethics to ensure optimal safety and accuracy
				in the dispensing and sale of cannabis products;
5. The extent to which the applicant or any
				of the applicant's pharmaceutical processor owners have a financial interest in
				another license, permit, registrant, or applicant; and
6. Any other reason provided by state or
				federal statute or regulation that is not inconsistent with the law and
				regulations regarding pharmaceutical processors.
Virginia Administrative Code › Title 3 - ALCOHOLIC BEVERAGE AND CANNABIS CONTROL › Agency 10 - VIRGINIA CANNABIS CONTROL AUTHORITY › Chapter 30 - APPLICATIONS, LICENSES, PERMITS, AND REGISTRATIONS › Section 3VAC10-30-130 - Granting of a pharmaceutical processor permit

Current through Register Vol. 40, No. 24, July 15, 2024
A. The board may issue a pharmaceutical
				processor permit when all requirements of the board have been met, to include:
1. Designation of a PIC and responsible
				party;
2. Evidence of criminal
				background checks for all employees and delivery agents of the pharmaceutical
				processor to ensure compliance with §
										4.1-1602 of the Code of
				Virginia;
3. Evidence of
				utilization of an electronic tracking system; and
4. A satisfactory inspection of the facility
				conducted by agents of the board.
Virginia Administrative Code › Title 3 - ALCOHOLIC BEVERAGE AND CANNABIS CONTROL › Agency 10 - VIRGINIA CANNABIS CONTROL AUTHORITY › Chapter 30 - APPLICATIONS, LICENSES, PERMITS, AND REGISTRATIONS › Section 3VAC10-30-140 - Application for and granting of a permit for a cannabis dispensing facility

Current through Register Vol. 40, No. 24, July 15, 2024
A. Pursuant to
				§
									4.1-1602 of the Code of Virginia,
				the board may issue up to five cannabis dispensing facility permits for each
				health service area. A permit may be issued to a facility that is owned, at
				least in part, by the pharmaceutical processor located in that health service
				area for the dispensing of cannabis products that have been cultivated and
				produced on the premises of a pharmaceutical processor. Each cannabis
				dispensing facility shall be located within the same health service area as the
				pharmaceutical processor.
B. A
				separate application and fee for each cannabis dispensing facility permit shall
				be submitted to the board, along with the following information and
				documentation:
1. The name and address of the
				facility, which shall not be within 1,000 feet of a school or day
				care;
2. The name and address of
				the facility's owners with 5.0% or greater ownership;
3. Name and signature of pharmacist-in-charge
				practicing at the facility;
4.
				Details regarding the applicant's plans for security to maintain adequate
				control against the diversion, theft, or loss of cannabis products;
				and
5. Information necessary for
				the board to conduct a criminal background check on the facility owners with
				5.0% or greater ownership.
Virginia Administrative Code › Title 3 - ALCOHOLIC BEVERAGE AND CANNABIS CONTROL › Agency 10 - VIRGINIA CANNABIS CONTROL AUTHORITY › Chapter 30 - APPLICATIONS, LICENSES, PERMITS, AND REGISTRATIONS › Section 3VAC10-30-150 - Denial of a cannabis dispensing facility permit application

Current through Register Vol. 40, No. 24, July 15, 2024
A. The board may
				deny an application for a cannabis dispensing facility permit if the applicant:
1. Submits an incomplete, false, inaccurate,
				or misleading application;
2. Fails
				to pay all applicable fees; or
3.
				Fails to comply with all requirements for a cannabis dispensing
				facility.
Virginia Administrative Code › Title 3 - ALCOHOLIC BEVERAGE AND CANNABIS CONTROL › Agency 10 - VIRGINIA CANNABIS CONTROL AUTHORITY › Chapter 30 - APPLICATIONS, LICENSES, PERMITS, AND REGISTRATIONS › Section 3VAC10-30-160 - Application for and granting of authorization for a cannabis cultivation facility

Current through Register Vol. 40, No. 24, July 15, 2024
A.
				Pursuant to §
									4.1-1602 of the Code of Virginia,
				the board may authorize a pharmaceutical processor to establish one cannabis
				cultivation facility. The cannabis cultivation facility shall be located within
				the same health service area as the pharmaceutical processor.
B. A separate application and fee for a
				cannabis cultivation facility shall be submitted to the board, along with the
				following information and documentation:
1.
				The name and address of the facility, which shall not be within 1,000 feet of a
				school or day care;
2. The name and
				address of the facility's owners with 5.0% or greater ownership;
3. Details regarding the applicant's plans
				for security to maintain adequate control against the diversion, theft, or loss
				of cannabis; and
4. Information
				necessary for the board to conduct a criminal background check on the
				facilities' owners with 5.0% or greater ownership.
Virginia Administrative Code › Title 3 - ALCOHOLIC BEVERAGE AND CANNABIS CONTROL › Agency 10 - VIRGINIA CANNABIS CONTROL AUTHORITY › Chapter 30 - APPLICATIONS, LICENSES, PERMITS, AND REGISTRATIONS › Section 3VAC10-30-170 - Denial of a cannabis cultivation facility permit application

Current through Register Vol. 40, No. 24, July 15, 2024
A. The board may
				deny an application for a cannabis cultivation facility permit if the
				applicant:
1. Submits an incomplete, false,
				inaccurate, or misleading application;
2. Fails to pay all applicable fees;
				or
3. Fails to comply with all
				requirements for a cannabis cultivation facility.