Bill Text: VA SB1015 | 2020 | Regular Session | Chaptered
Bill Title: Marijuana; possession of cannabidiol oil or THC-A oil.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Passed) 2020-04-06 - Governor: Acts of Assembly Chapter text (CHAP0764) [SB1015 Detail]
Download: Virginia-2020-SB1015-Chaptered.html
Be it enacted by the General Assembly of Virginia:
1. That §§18.2-250.1 and 54.1-3442.8 of the Code of Virginia are amended and reenacted as follows:
§18.2-250.1. Possession of marijuana unlawful.
A. It is unlawful for any person knowingly or intentionally to possess marijuana unless the substance was obtained directly from, or pursuant to, a valid prescription or order of a practitioner while acting in the course of his professional practice, or except as otherwise authorized by the Drug Control Act (§54.1-3400 et seq.).
Upon the prosecution of a person for violation of this section, ownership or occupancy of the premises or vehicle upon or in which marijuana was found shall not create a presumption that such person either knowingly or intentionally possessed such marijuana.
Any person who violates this section is guilty of a misdemeanor and shall be confined in jail not more than 30 days and fined not more than $500, either or both; any person, upon a second or subsequent conviction of a violation of this section, is guilty of a Class 1 misdemeanor.
B. The provisions of this section shall not apply to members of state, federal, county, city, or town law-enforcement agencies, jail officers, or correctional officers, as defined in §53.1-1, certified as handlers of dogs trained in the detection of controlled substances when possession of marijuana is necessary for the performance of their duties.
C. In any prosecution under The provisions of
this section involving marijuana in the form of cannabidiol oil or THC-A oil as
those terms are defined in §54.1-3408.3, it shall be an affirmative defense
that the individual possessed shall not apply to any person who
possesses such oil pursuant to a valid written certification issued by a
practitioner in the course of his professional practice pursuant to §
54.1-3408.3 for treatment or to alleviate the symptoms of (i) the
individual's person's diagnosed condition or disease, (ii) if such
individual person is the parent or legal guardian of a minor or of
an incapacitated adult as defined in §18.2-369, such minor's or incapacitated
adult's diagnosed condition or disease, or (iii) if such individual
person has been designated as a registered agent pursuant to §54.1-3408.3,
the diagnosed condition or disease of his principal or, if the principal is the
parent or legal guardian of a minor or of an incapacitated adult as defined in
§18.2-369, such minor's or incapacitated adult's diagnosed condition or
disease. If the individual files the valid written certification with the
court at least 10 days prior to trial and causes a copy of such written
certification to be delivered to the attorney for the Commonwealth, such
written certification shall be prima facie evidence that such oil was possessed
pursuant to a valid written certification.
§54.1-3442.8. Criminal liability; exceptions.
In any prosecution of an No agent or employee of
a pharmaceutical processor shall be prosecuted under §18.2-248,
18.2-248.1, 18.2-250, or 18.2-250.1 for possession or manufacture of marijuana
or for possession, manufacture, or distribution of cannabidiol oil or THC-A
oil, it shall be an affirmative defense that 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 cannabidiol oil or
THC-A oil in accordance with the provisions of this article and Board
regulations or (ii) possessed, manufactured, or distributed such cannabidiol
oil or THC-A oil in accordance with the provisions of this article and Board
regulations. If such agent or employee files a copy of the permit issued to
the pharmaceutical processor pursuant to §54.1-3442.6 with the court at least
10 days prior to trial and causes a copy of such permit to be delivered to the
attorney for the Commonwealth, such permit shall be prima facie evidence that
(a) such marijuana was possessed or manufactured for the purposes of producing
cannabidiol oil or THC-A oil in accordance with the provisions of this article
and Board regulations or (b) such cannabidiol oil or THC-A oil was possessed,
manufactured, or distributed in accordance with the provisions of this article
and Board regulations.
