Title 3 VAC — Alcoholic Beverage and Cannabis Control

Agency 5 Virginia Alcoholic Beverage Control Authority

Chapter 10 Procedural Rules for the Conduct of Hearings before the Virginia Alcoholic Beverage Control Authority and Its Administrative Law Judges

Part I Hearings before Administrative Law Judges

3VAC5-10-10 Appearance

A. Any interested party who would be aggrieved by a decision of the Virginia Alcoholic Beverage Control Authority upon any application or in a disciplinary proceeding may appear and be heard in person, or by duly authorized representative, and produce under oath evidence relevant and material to the matters in issue. Upon due notice a hearing may be conducted by telephone as provided in Part IV (3VAC5-10-410 through 3VAC5-10-470) of this chapter. Hearings may also be conducted virtually.

B. The interested parties will be expected to appear or be represented at the place and on the date of hearing or on the dates to which the hearing may be continued.

C. If an interested party fails to appear at a hearing, the administrative law judge may proceed in the interested party's absence and render a decision.

History

Statutory Authority: §§ 4.1-103 and 4.1-111 of the Code of Virginia.
Historical Notes: Derived from VR125-01-1 § 1.1, eff. December 12, 1985; amended, Virginia Register Volume 4, Issue 6, eff. January 21, 1988; Volume 5, Issue 2, eff. November 24, 1988; Volume 6, Issue 2, eff. November 23, 1989; Volume 8, Issue 6, eff. January 15, 1992; Volume 10, Issue 11, eff. March 23, 1994; Volume 41, Issue 10, eff. January 29, 2025.

3VAC5-10-20 Argument

Oral argument, written argument, or both may be submitted to and limited by the administrative law judge. Oral argument is to be included in the stenographic report of the hearing.

History

Statutory Authority: §§ 4.1-103 and 4.1-111 of the Code of Virginia.
Historical Notes: Derived from VR125-01-1 § 1.2, eff. December 12, 1985; amended, Virginia Register Volume 4, Issue 6, eff. January 21, 1988; Volume 5, Issue 2, eff. November 24, 1988; Volume 6, Issue 2, eff. November 23, 1989; Volume 8, Issue 6, eff. January 15, 1992; Volume 10, Issue 11, eff. March 23, 1994; Volume 41, Issue 10, eff. January 29, 2025.

3VAC5-10-30 Attorneys; representation

Any individual, partnership, association, or corporation that is a licensee or applicant for any license or any interested party shall have the right to be represented by counsel at any Virginia Alcoholic Beverage Control Authority hearing for which the licensee or applicant has received notice. The licensee, applicant, or interested party shall not be required to be represented by counsel during such hearing. Any officer or director of a corporation may examine, cross-examine, and question witnesses, present evidence on behalf of the corporation, draw conclusions, and make arguments before the administrative law judges.

History

Statutory Authority: §§ 4.1-103 and 4.1-111 of the Code of Virginia.
Historical Notes: Derived from VR125-01-1 § 1.3, eff. December 12, 1985; amended, Virginia Register Volume 4, Issue 6, eff. January 21, 1988; Volume 5, Issue 2, eff. November 24, 1988; Volume 6, Issue 2, eff. November 23, 1989; Volume 8, Issue 6, eff. January 15, 1992; Volume 10, Issue 11, eff. March 23, 1994; Volume 41, Issue 10, eff. January 29, 2025.

3VAC5-10-40 Communications

Communications regarding hearings before administrative law judges upon licenses and applications for licenses should be addressed to the Chief Clerk, Hearings, Appeals, and Judicial Services Division.

History

Statutory Authority: §§ 4.1-103 and 4.1-111 of the Code of Virginia.
Historical Notes: Derived from VR125-01-1 § 1.4, eff. December 12, 1985; amended, Virginia Register Volume 4, Issue 6, eff. January 21, 1988; Volume 5, Issue 2, eff. November 24, 1988; Volume 6, Issue 2, eff. November 23, 1989; Volume 8, Issue 6, eff. January 15, 1992; Volume 10, Issue 11, eff. March 23, 1994; Volume 23, Issue 13, eff. May 19, 2007; Volume 41, Issue 10, eff. January 29, 2025.

3VAC5-10-50 Complaints

The Virginia Alcoholic Beverage Control Authority, in its discretion and for good cause shown, may arrange a hearing upon the complaint of any aggrieved party against the continuation of a license. The complaint shall be in writing directed to the Chief of the Bureau of Law Enforcement, setting forth the name and post office address of the person against whom the complaint is filed, together with a concise statement of all the facts necessary to an understanding of the grievance and a statement of the relief desired.

History

Statutory Authority: §§ 4.1-103 and 4.1-111 of the Code of Virginia.
Historical Notes: Derived from VR125-01-1 § 1.5, eff. December 12, 1985; amended, Virginia Register Volume 4, Issue 6, eff. January 21, 1988; Volume 5, Issue 2, eff. November 24, 1988; Volume 6, Issue 2, eff. November 23, 1989; Volume 8, Issue 6, eff. January 15, 1992; Volume 10, Issue 11, eff. March 23, 1994; Volume 23, Issue 13, eff. May 19, 2007; Volume 41, Issue 10, eff. January 29, 2025.

3VAC5-10-60 Continuances

Motions to continue a hearing will be granted as in actions at law. Requests for continuances should be addressed to the Chief Administrative Law Judge, Hearings, Appeals, and Judicial Services Division or the administrative law judge who will preside over the hearing.

History

Statutory Authority: §§ 4.1-103 and 4.1-111 of the Code of Virginia.
Historical Notes: Derived from VR125-01-1 § 1.6, eff. December 12, 1985; amended, Virginia Register Volume 4, Issue 6, eff. January 21, 1988; Volume 5, Issue 2, eff. November 24, 1988; Volume 6, Issue 2, eff. November 23, 1989; Volume 8, Issue 6, eff. January 15, 1992; Volume 10, Issue 11, eff. March 23, 1994; Volume 23, Issue 13, eff. May 19, 2007; Volume 41, Issue 10, eff. January 29, 2025.

3VAC5-10-70 Decisions

A. Initial decisions. The decision of the administrative law judge shall be deemed the initial decision, shall be a part of the record, and shall include:

A statement of the administrative law judge's findings of fact and conclusions, as well as the reasons or bases for the findings, upon all the material issues of fact, law, or discretion presented on the record; and
The appropriate rule, order, sanction, relief, or denial thereof as to each such issue.

B. Summary decisions. At the conclusion of a hearing, the administrative law judge, in the administrative law judge's discretion, may announce the initial decision to the interested parties.

C. Notice. At the conclusion of any hearing, the administrative law judge shall advise interested parties that the initial decision will be reduced to writing and the notice of such decision, along with notice of the right to appeal to the Virginia Alcoholic Beverage Control Authority (authority), will be mailed to the interested party or the interested party's representative and filed with the authority in due course. (See 3VAC5-10-240 for Appeals).

D. Prompt filing. The initial decision shall be reduced to writing; mailed to interested parties at the address on record with the authority by certified mail, return receipt requested, and by regular mail; and filed with the authority as promptly as possible after the conclusion of the hearing or the expiration of the time allowed for the receipt of additional evidence.

E. Request for early or immediate decision. Where the initial decision is deemed to be acceptable, an interested party may file, either orally before the administrative law judge or in writing, a waiver of the interested party's right of appeal to the authority and request early or immediate implementation of the initial decision. The authority or administrative law judge may grant the request for early or immediate implementation of the decision by causing issuance or surrender of the license and prompt entry of the appropriate order.

F. Timely review. The authority shall review the initial decision and may render a proposed decision, which may adopt, modify, or reject the initial decision unless immediate implementation is ordered. In any event, the authority shall issue notice of any proposed decision, along with notice of right to appeal, within the time provided for appeals as stated in 3VAC5-10-240.

History

Statutory Authority: §§ 4.1-103 and 4.1-111 of the Code of Virginia.
Historical Notes: Derived from VR125-01-1 § 1.7, eff. December 12, 1985; amended, Virginia Register Volume 4, Issue 6, eff. January 21, 1988; Volume 5, Issue 2, eff. November 24, 1988; Volume 6, Issue 2, eff. November 23, 1989; Volume 8, Issue 6, eff. January 15, 1992; Volume 10, Issue 11, eff. March 23, 1994; Volume 17, Issue 10, eff. February 28, 2001; Volume 41, Issue 10, eff. January 29, 2025.

3VAC5-10-80 Docket

Cases will be placed upon the docket in the order in which they mature except that, for good cause shown or for reasons appearing to the Virginia Alcoholic Beverage Control Authority or to the chief administrative law judge, the order may be varied.

History

Statutory Authority: §§ 4.1-103 and 4.1-111 of the Code of Virginia.
Historical Notes: Derived from VR125-01-1 § 1.8, eff. December 12, 1985; amended, Virginia Register Volume 4, Issue 6, eff. January 21, 1988; Volume 5, Issue 2, eff. November 24, 1988; Volume 6, Issue 2, eff. November 23, 1989; Volume 8, Issue 6, eff. January 15, 1992; Volume 10, Issue 11, eff. March 23, 1994; Volume 41, Issue 10, eff. January 29, 2025.

3VAC5-10-90 Evidence

A. Generally. All relevant and material evidence shall be received, except that:

The rules relating to privileged communications and privileged topics shall be observed; and
Secondary evidence of the contents of a document shall be received only if the original is not readily available. In deciding whether a document is readily available, the administrative law judge shall balance the importance of the evidence against the difficulty of obtaining it, and the more important the evidence, the more effort should be made to have the original document produced.

B. Cross-examination. Subject to the provisions of subsection A of this section, any interested party shall have the right to cross-examine adverse witnesses and any agent or subordinate of the Virginia Alcoholic Beverage Control Authority (authority) whose report is in evidence and to submit rebuttal evidence, except that:

Where the interested party is represented by counsel, only counsel shall exercise the right of cross-examination;
Where there is more than one interested party, only counsel or the other interested parties shall exercise the right of cross-examination; and
Where there is more than one group of interested parties present for the same purpose, only counsel or the interested party designated to represent each group shall exercise the right of cross-examination. If the administrative law judge deems it necessary, in order to expedite the proceedings, a merger of such groups shall be arranged.

C. Cumulative testimony. The introduction of cumulative, corroborative, or collateral evidence shall be avoided. The administrative law judge may limit the testimony of any witness that is judged to be cumulative, corroborative, or collateral; however, the interested party offering such testimony may make a short avowal of the testimony that would be given and, if the witness asserts that such avowal is true, this avowal shall be made a part of the stenographic report.

D. Subpoenas, depositions, and request for admissions. Subpoenas, depositions de bene esse, and requests for admissions may be taken, directed, and issued in accordance with § 2.2-4022 and subdivision 21 of § 4.1-103 of the Code of Virginia.

E. Stenographic report. All evidence, stipulations, and argument in the stenographic report that are relevant to the matters in issue shall be deemed to have been introduced for the consideration of the administrative law judge or the authority.

F. Stipulations. Insofar as possible, interested parties will be expected to stipulate as to any facts involved. Such stipulations shall be made a part of the stenographic report.

History

Statutory Authority: §§ 4.1-103 and 4.1-111 of the Code of Virginia.
Historical Notes: Derived from VR125-01-1 § 1.9, eff. December 12, 1985; amended, Virginia Register Volume 4, Issue 6, eff. January 21, 1988; Volume 5, Issue 2, eff. November 24, 1988; Volume 6, Issue 2, eff. November 23, 1989; Volume 8, Issue 6, eff. January 15, 1992; Volume 10, Issue 11, eff. March 23, 1994; Volume 41, Issue 10, eff. January 29, 2025.

3VAC5-10-100 Hearings; penalty

A. Hearings before the administrative law judge shall be held, insofar as practicable, at the county seat of the county in which the establishment of the applicant or licensee is located, or, if the establishment is located within the corporate limits of any city, then in such city. However, if it is located in a county or city within a metropolitan area in which the Virginia Alcoholic Beverage Control Authority maintains a hearing room in a district office, such hearings may be held in such hearing room. Notwithstanding this subsection, administrative law judges may conduct hearings at locations convenient to the greatest numbers of persons in order to expedite the hearing process. Hearings may also be held via telephone or virtually.

B. At any hearing held by an administrative law judge, any person hindering the orderly conduct or decorum of the hearing shall be guilty of a violation of this regulation and shall be subject to the penalty prescribed by § 4.1-349 of the Code of Virginia.

History

Statutory Authority: §§ 4.1-103 and 4.1-111 of the Code of Virginia.
Historical Notes: Derived from VR125-01-1 § 1.10, eff. December 12, 1985; amended, Virginia Register Volume 4, Issue 6, eff. January 21, 1988; Volume 5, Issue 2, eff. November 24, 1988; Volume 6, Issue 2, eff. November 23, 1989; Volume 8, Issue 6, eff. January 15, 1992; Volume 10, Issue 11, eff. March 23, 1994; Volume 41, Issue 10, eff. January 29, 2025.

3VAC5-10-110 Administrative law judges

A. Administrative law judges are charged with the duty of conducting fair and impartial hearings and of maintaining order in a form and manner consistent with the dignity of the Virginia Alcoholic Beverage Control Authority (authority).

B. Each administrative law judge shall have authority, subject to the published rules of the authority and within its powers, to:

Administer oaths and affirmations;
Issue subpoenas as authorized by law;
Rule upon offers of proof and receive relevant and material evidence;
Take or cause depositions and interrogatories to be taken, directed, and issued;
Examine witnesses and otherwise regulate the course of the hearing;
Hold conferences for the settlement or simplification of issues by consent of interested parties;
Dispose of procedural requests and similar matters;
Amend the issues or add new issues, provided the applicant or licensee expressly waives notice thereof. The waiver shall be made a part of the stenographic report of the hearing;
Submit initial decisions to the authority and to other interested parties or representatives;
Take any other action authorized by the rules of the authority;
Conduct mediation between interested parties; and
Require the designation of an interested person to act as a representative for proceedings involving groups of individuals present for the same purpose.

History

Statutory Authority: §§ 4.1-103 and 4.1-111 of the Code of Virginia.
Historical Notes: Derived from VR125-01-1 § 1.11, eff. December 12, 1985; amended, Virginia Register Volume 4, Issue 6, eff. January 21, 1988; Volume 5, Issue 2, eff. November 24, 1988; Volume 6, Issue 2, eff. November 23, 1989; Volume 8, Issue 6, eff. January 15, 1992; Volume 10, Issue 11, eff. March 23, 1994; Volume 41, Issue 10, eff. January 29, 2025.

3VAC5-10-120 Interested parties

As used in this chapter, "interested parties" shall mean the following persons:

The applicant;
The licensee;
Persons who would be aggrieved by a decision of the Virginia Alcoholic Beverage Control Authority (authority); and
For purposes of appeal pursuant to 3VAC5-10-240, interested parties shall be only those persons who appeared at and asserted an interest in the hearing before an administrative law judge.

Where in this chapter reference is made to "licensee," the term likewise shall be applicable to a permittee (i.e., a person that holds or held a permit issued by the authority) or a designated manager to the extent that this chapter is not inconsistent with the statutes and regulations relating to such persons.

History

Statutory Authority: §§ 4.1-103 and 4.1-111 of the Code of Virginia.
Historical Notes: Derived from VR125-01-1 § 1.12, eff. December 12, 1985; amended, Virginia Register Volume 4, Issue 6, eff. January 21, 1988; Volume 5, Issue 2, eff. November 24, 1988; Volume 6, Issue 2, eff. November 23, 1989; Volume 8, Issue 6, eff. January 15, 1992; Volume 10, Issue 11, eff. March 23, 1994; Volume 41, Issue 10, eff. January 29, 2025.

3VAC5-10-130 Motions or requests

Motions or requests for ruling made prior to the hearing before an administrative law judge shall be in writing; addressed to the Chief Administrative Law Judge, Hearings, Appeals, and Judicial Services Division; and shall state with reasonable certainty the grounds for the motion or request for ruling. Argument upon such motions or requests will not be heard without special leave granted by the administrative law judge who will preside over the hearing.

History

Statutory Authority: §§ 4.1-103 and 4.1-111 of the Code of Virginia.
Historical Notes: Derived from VR125-01-1 § 1.13, eff. December 12, 1985; amended, Virginia Register Volume 4, Issue 6, eff. January 21, 1988; Volume 5, Issue 2, eff. November 24, 1988; Volume 6, Issue 2, eff. November 23, 1989; Volume 8, Issue 6, eff. January 15, 1992; Volume 10, Issue 11, eff. March 23, 1994; Volume 23, Issue 13, eff. May 19, 2007; Volume 41, Issue 10, eff. January 29, 2025.

3VAC5-10-140 Notice of hearings

Interested parties shall be afforded reasonable notice of a pending hearing. The notice shall state the time, place and issues involved.

History

Statutory Authority: §§ 4.1-103 and 4.1-111 of the Code of Virginia.
Historical Notes: Derived from VR125-01-1 § 1.14, eff. December 12, 1985; amended, Virginia Register Volume 4, Issue 6, eff. January 21, 1988; Volume 5, Issue 2, eff. November 24, 1988; Volume 6, Issue 2, eff. November 23, 1989; Volume 8, Issue 6, eff. January 15, 1992; Volume 10, Issue 11, eff. March 23, 1994.

3VAC5-10-150 Consent settlement

A. Generally. The Virginia Alcoholic Beverage Control Authority (authority) or the authority's designee may offer to resolve disciplinary cases when the nature of the proceeding and public interest permit. In appropriate cases, the authority or the authority's designee will extend an offer for a consent settlement to the licensee.

B. Who may accept. The licensee or the licensee's attorney may accept an offer of consent settlement. If the licensee is a corporation, only an attorney or an officer, director, or majority stockholder of the corporation may accept an offer of consent settlement.

C. How to accept. The licensee shall return the properly executed consent order along with the payment in full of any monetary penalty no later than 21 calendar days from the date of mailing by the authority. Failure to respond within the time period will result in a withdrawal of the offer by the agency and a formal hearing will be held on the date specified in the notice of hearing.

D. Effect of acceptance. Acceptance of the consent settlement offer shall constitute an admission of the alleged violation of the Alcoholic Beverage Control Act (§ 4.1-100 et seq. of the Code of Virginia) or authority regulations and will result in a waiver of the right to a formal hearing and the right to appeal or otherwise contest the charges. The offer of consent settlement is not negotiable; however, the licensee is not precluded from submitting an offer in compromise under 3VAC5-10-160.

E. Authority review. Prior to extending an offer of consent settlement to the licensee, the authority or the authority's designee may reject any proposed settlement that is contrary to law or policy or that, in the authority's sole discretion, is not appropriate.

F. Record. Unaccepted offers of consent settlement will become a part of the record only after completion of the hearing process.

History

Statutory Authority: §§ 4.1-103 and 4.1-111 of the Code of Virginia.
Historical Notes: Derived from VR125-01-1 § 1.15, eff. December 12, 1985; amended, Virginia Register Volume 4, Issue 6, eff. January 21, 1988; Volume 5, Issue 2, eff. November 24, 1988; Volume 6, Issue 2, eff. November 23, 1989; Volume 8, Issue 6, eff. January 15, 1992; Volume 10, Issue 11, eff. March 23, 1994; Volume 23, Issue 13, eff. May 19, 2007; Volume 35, Issue 2, eff. November 1, 2018; Volume 41, Issue 10, eff. January 29, 2025.

3VAC5-10-160 Offers in compromise and negotiations

A. Following notice of a disciplinary proceeding, a licensee may be afforded opportunity for the submission of an offer in compromise in lieu of suspension or in addition thereto, or in lieu of revocation of the license, where, in the discretion of the Virginia Alcoholic Beverage Control Authority (authority), the nature of the proceeding and the public interest permit. Such offer should be addressed to the chief administrative law judge. Acceptance of the offer in compromise shall constitute an admission of the alleged violation of the Alcoholic Beverage Control Act (§ 4.1-100 et seq. of the Code of Virginia) or authority regulations and shall result in a waiver of the right to a formal hearing and the right to appeal or otherwise contest the charges. The reason for the acceptance of such an offer shall be made a part of the record of the proceeding. Unless good cause is shown, continuances for purposes of considering an offer in compromise will not be granted. Offers in compromise may be submitted anytime following notice of a disciplinary proceeding and before the authority issues a final decision in an appeal. The authority may waive any provision of this section for good cause shown.

B. Following notice of a disciplinary proceeding or objection from the authority to the issuance of a license, a licensee or applicant in conjunction with the authority may agree to a negotiated resolution in lieu of a suspension or in addition thereto, in lieu of revocation of the license, or in lieu of a denial of the application where, in the discretion of the authority, the nature of the proceeding and the public interest permit. Such negotiation shall be handled by the interested party and the authority. Acceptance of a negotiated resolution may constitute an admission of the alleged violation of the Alcoholic Beverage Control Act or authority regulations and shall result in a waiver of the right to a formal hearing and the right to appeal or otherwise contest the charges or objections. Unless good cause is shown, continuances for purposes of finalizing a negotiated resolution will not be granted. Negotiated resolutions may be submitted anytime following notice of a disciplinary proceeding or objections hearing and before the authority issues a final decision in an appeal.

History

Statutory Authority: §§ 4.1-103 and 4.1-111 of the Code of Virginia.
Historical Notes: Derived from VR125-01-1 § 1.16, eff. December 12, 1985; amended, Virginia Register Volume 4, Issue 6, eff. January 21, 1988; Volume 5, Issue 2, eff. November 24, 1988; Volume 6, Issue 2, eff. November 23, 1989; Volume 8, Issue 6, eff. January 15, 1992; Volume 10, Issue 11, eff. March 23, 1994; Volume 35, Issue 1, eff. October 22, 2018; Volume 41, Issue 10, eff. January 29, 2025.

3VAC5-10-170 Record

A. The certified transcript of testimony, argument, and exhibits, together with all papers and requests filed in the proceeding, shall constitute the exclusive record of the initial decision.

B. Upon due application made to the chief administrative law judge, copies of the record of a hearing shall be made available to parties entitled thereto at a fee established by the Virginia Alcoholic Beverage Control Authority.

History

Statutory Authority: §§ 4.1-103 and 4.1-111 of the Code of Virginia.
Historical Notes: Derived from VR125-01-1 § 1.17, eff. December 12, 1985; amended, Virginia Register Volume 4, Issue 6, eff. January 21, 1988; Volume 5, Issue 2, eff. November 24, 1988; Volume 6, Issue 2, eff. November 23, 1989; Volume 8, Issue 6, eff. January 15, 1992; Volume 10, Issue 11, eff. March 23, 1994; Volume 41, Issue 10, eff. January 29, 2025.

3VAC5-10-180 Rehearings

No rehearing before an administrative law judge shall be held in any matter unless it is affirmatively shown that relevant and material evidence, which ought to produce an opposite result on rehearing, is available; is not merely cumulative, corroborative, or collateral; and could not have been discovered before the original hearing by the use of ordinary diligence, provided that the Virginia Alcoholic Beverage Control Authority, in its discretion, may cause a rehearing to be held before an administrative law judge in the absence of the foregoing conditions, as provided in 3VAC5-10-290.

History

Statutory Authority: §§ 4.1-103 and 4.1-111 of the Code of Virginia.
Historical Notes: Derived from VR125-01-1 § 1.18, eff. December 12, 1985; amended, Virginia Register Volume 4, Issue 6, eff. January 21, 1988; Volume 5, Issue 2, eff. November 24, 1988; Volume 6, Issue 2, eff. November 23, 1989; Volume 8, Issue 6, eff. January 15, 1992; Volume 10, Issue 11, eff. March 23, 1994; Volume 41, Issue 10, eff. January 29, 2025.

3VAC5-10-190 Self-incrimination

If any witness subpoenaed to appear on behalf of the Virginia Alcoholic Beverage Control Authority (authority) shall testify in a hearing before an administrative law judge on complaints against a licensee as to any violation in which the witness, as a licensee or an applicant, has participated, such testimony shall not be used against the witness. The authority shall take no administrative action against the witness for the offense to which the witness testifies.

History

Statutory Authority: §§ 4.1-103 and 4.1-111 of the Code of Virginia.
Historical Notes: Derived from VR125-01-1 § 1.19, eff. December 12, 1985; amended, Virginia Register Volume 4, Issue 6, eff. January 21, 1988; Volume 5, Issue 2, eff. November 24, 1988; Volume 6, Issue 2, eff. November 23, 1989; Volume 8, Issue 6, eff. January 15, 1992; Volume 10, Issue 11, eff. March 23, 1994; Volume 41, Issue 10, eff. January 29, 2025.

3VAC5-10-200 Subpoenas

Upon request of any interested party, the chief administrative law judge or an administrative law judge is authorized to issue subpoenas requiring the attendance of witnesses and the production of records, memoranda, papers, and other documents at a hearing before an administrative law judge.

History

Statutory Authority: §§ 4.1-103 and 4.1-111 of the Code of Virginia.
Historical Notes: Derived from VR125-01-1 § 1.20, eff. December 12, 1985; amended, Virginia Register Volume 4, Issue 6, eff. January 21, 1988; Volume 5, Issue 2, eff. November 24, 1988; Volume 6, Issue 2, eff. November 23, 1989; Volume 8, Issue 6, eff. January 15, 1992; Volume 10, Issue 11, eff. March 23, 1994; Volume 41, Issue 10, eff. January 29, 2025.

3VAC5-10-210 Witnesses

A. Interested parties shall arrange to have their witnesses present at the time and place designated for the hearing.

B. Upon request of any party entitled to cross-examine witnesses, as set forth in 3VAC5-10-90 B, the administrative law judge may separate the witnesses, including agents of the Virginia Alcoholic Beverage Control Authority (authority).

C. A person subpoenaed as a witness to appear on behalf of the authority shall be entitled to the same allowance for expenses as witnesses for the Commonwealth in criminal cases.

History

Statutory Authority: §§ 4.1-103 and 4.1-111 of the Code of Virginia.
Historical Notes: Derived from VR125-01-1 § 1.21, eff. December 12, 1985; amended, Virginia Register Volume 4, Issue 6, eff. January 21, 1988; Volume 5, Issue 2, eff. November 24, 1988; Volume 6, Issue 2, eff. November 23, 1989; Volume 8, Issue 6, eff. January 15, 1992; Volume 10, Issue 11, eff. March 23, 1994; Volume 41, Issue 10, eff. January 29, 2025.

3VAC5-10-220 Pre-hearing conferences

A. A pre-hearing conference will be conducted when an applicant for a license or a licensee who is the subject of a disciplinary proceeding does not waive the right to such a conference. A waiver may be verbal or in writing. Unless the parties are advised otherwise, the Virginia Alcoholic Beverage Control Authority (authority) will automatically waive the pre-hearing conference when the applicant or licensee does so. When the applicant or licensee is offered a pre-hearing conference and fails to respond within 10 calendar days after the date of such offer, the pre-hearing conference will be deemed to be waived.

B. The pre-hearing conference will serve as a vehicle to acquaint the interested party, in a general way, with the nature of the charges or objections and the evidence in support of the charges or objections, to hear any matters relevant thereto presented by the interested parties, and to explore whether (i) administrative proceedings or objections should be terminated or (ii) the case should proceed to formal hearing and stipulations can be reached. The conference will be open to the public, but participation will be limited to the interested parties, the interested parties' attorneys-at-law or other qualified representatives, and designated authority representatives. The pre-hearing conference may be held virtually or by telephone and at least five days prior to the formal hearing. The conference may be held, when practical, at the county or city in which the establishment of the applicant or licensee is located. Reasonable notice of administrative charges or objections and the date, time, and place of the conference shall be given to the participants. The failure of the applicant or licensee to appear at a scheduled conference will be deemed a waiver of the pre-hearing conference. The pre-hearing conference will not be recorded. Sworn testimony will not be taken, nor will subpoenas be issued. Any initial decision will include a summary of the pre-hearing conference.

History

Statutory Authority: §§ 4.1-103 and 4.1-111 of the Code of Virginia.
Historical Notes: Derived from VR125-01-1 § 1.22, eff. December 12, 1985; amended, Virginia Register Volume 4, Issue 6, eff. January 21, 1988; Volume 5, Issue 2, eff. November 24, 1988; Volume 6, Issue 2, eff. November 23, 1989; Volume 8, Issue 6, eff. January 15, 1992; Volume 10, Issue 11, eff. March 23, 1994; Volume 35, Issue 1, eff. October 22, 2018; Volume 38, Issue 9, eff. February 7, 2022; Volume 41, Issue 10, eff. January 29, 2025.

3VAC5-10-230 Virginia Alcoholic Beverage Control Authority representation

The Chief of the Bureau of Law Enforcement Operations or a designee may (i) represent the Bureau of Law Enforcement before the Virginia Alcoholic Beverage Control Authority (authority) or any administrative law judge; (ii) petition the authority for modification of the administrative law judge's decision; or (iii) request a ruling on other motions as may be necessary. This authority does not extend to complaints under the Franchise Acts.

History

Statutory Authority: §§ 4.1-103 and 4.1-111 of the Code of Virginia.
Historical Notes: Derived from VR125-01-1 § 1.23, eff. December 12, 1985; amended, Virginia Register Volume 4, Issue 6, eff. January 21, 1988; Volume 5, Issue 2, eff. November 24, 1988; Volume 6, Issue 2, eff. November 23, 1989; Volume 8, Issue 6, eff. January 15, 1992; Volume 10, Issue 11, eff. March 23, 1994; Volume 23, Issue 13, eff. May 19, 2007; Volume 41, Issue 10, eff. January 29, 2025.

Part II Hearings before the Virginia Alcoholic Beverage Control Authority

3VAC5-10-240 Appeals

A. An interested party may appeal to the Virginia Alcoholic Beverage Control Authority (authority) an adverse initial decision, including the findings of fact and the conclusions, of an administrative law judge or a proposed decision, or any portion of a proposed decision, of the authority, provided a request in writing identifying any alleged errors in the decision is received within 30 days after the date of mailing of the initial decision or the proposed decision, whichever is later.

B. An interested party may submit written exceptions to the initial or proposed decision within the 30-day period and waive further hearing proceedings.

C. If an interested party fails to appear at a hearing, the authority may proceed in the interested party's absence and render a decision.

History

Statutory Authority: §§ 4.1-103 and 4.1-111 of the Code of Virginia.
Historical Notes: Derived from VR125-01-1 § 2.1, eff. December 12, 1985; amended, Virginia Register Volume 4, Issue 6, eff. January 21, 1988; Volume 5, Issue 2, eff. November 24, 1988; Volume 6, Issue 2, eff. November 23, 1989; Volume 8, Issue 6, eff. January 15, 1992; Volume 10, Issue 11, eff. March 23, 1994; Volume 17, Issue 9, eff. February 28, 2001; Volume 34, Issue 24, eff. September 10, 2018; Volume 41, Issue 10, eff. January 29, 2025.

3VAC5-10-250 Attorneys; representation

Any individual, partnership, association, or corporation that is a licensee or applicant for any license or any interested party shall have the right to be represented by counsel at any Virginia Alcoholic Beverage Control Authority (authority) hearing for which the licensee, applicant, or interested party has received notice. The licensee, applicant, or interested party shall not be required to be represented by counsel during such hearing. Any officer or director of a corporation may examine, cross-examine, and question witnesses; present evidence on behalf of the corporation; draw conclusions; and make arguments before the authority.

History

Statutory Authority: §§ 4.1-103 and 4.1-111 of the Code of Virginia.
Historical Notes: Derived from VR125-01-1 § 2.2, eff. December 12, 1985; amended, Virginia Register Volume 4, Issue 6, eff. January 21, 1988; Volume 5, Issue 2, eff. November 24, 1988; Volume 6, Issue 2, eff. November 23, 1989; Volume 8, Issue 6, eff. January 15, 1992; Volume 10, Issue 11, eff. March 23, 1994; Volume 41, Issue 10, eff. January 29, 2025.

3VAC5-10-260 Communications

Communications regarding appeal hearings upon licenses and applications for licenses should be addressed to the Chief Clerk of the Hearing, Appeals, and Judicial Services Division.

History

Statutory Authority: §§ 4.1-103 and 4.1-111 of the Code of Virginia.
Historical Notes: Derived from VR125-01-1 § 2.3, eff. December 12, 1985; amended, Virginia Register Volume 4, Issue 6, eff. January 21, 1988; Volume 5, Issue 2, eff. November 24, 1988; Volume 6, Issue 2, eff. November 23, 1989; Volume 8, Issue 6, eff. January 15, 1992; Volume 10, Issue 11, eff. March 23, 1994; Volume 41, Issue 10, eff. January 29, 2025.

3VAC5-10-270 Continuances

Continuances will be granted as in actions at law. Requests for continuances of appeal hearings should be addressed to the Chief Clerk of the Hearings, Appeals, and Judicial Services Division.

History

Statutory Authority: §§ 4.1-103 and 4.1-111 of the Code of Virginia.
Historical Notes: Derived from VR125-01-1 § 2.4, eff. December 12, 1985; amended, Virginia Register Volume 4, Issue 6, eff. January 21, 1988; Volume 5, Issue 2, eff. November 24, 1988; Volume 6, Issue 2, eff. November 23, 1989; Volume 8, Issue 6, eff. January 15, 1992; Volume 10, Issue 11, eff. March 23, 1994; Volume 41, Issue 10, eff. January 29, 2025.

3VAC5-10-280 Decision of the Virginia Alcoholic Beverage Control Authority

The final decision of the Virginia Alcoholic Beverage Control Authority, together with any written opinion, should be transmitted to each interested party or to the interested party's representative.

History

Statutory Authority: §§ 4.1-103 and 4.1-111 of the Code of Virginia.
Historical Notes: Derived from VR125-01-1 § 2.5, eff. December 12, 1985; amended, Virginia Register Volume 4, Issue 6, eff. January 21, 1988; Volume 5, Issue 2, eff. November 24, 1988; Volume 6, Issue 2, eff. November 23, 1989; Volume 8, Issue 6, eff. January 15, 1992; Volume 10, Issue 11, eff. March 23, 1994; Volume 41, Issue 10, eff. January 29, 2025.

3VAC5-10-290 Evidence

A. Generally. Subject to the exceptions permitted in this section, and to any stipulations agreed to by all interested parties, all evidence should be introduced at hearings before administrative law judges.

B. Additional evidence. Should the appeal panel or Virginia Alcoholic Beverage Control Authority (authority) determine at an appeal hearing, either upon motion or otherwise, that it is necessary or desirable that additional evidence be taken, the appeal panel may:

Direct an administrative law judge to fix a time and place for the taking of such evidence within the limits prescribed by the authority and in accordance with 3VAC5-10-180; and
Upon unanimous consent of the appeal panel, permit the introduction of after-discovered or new evidence at the appeal hearing.

If the initial decision indicates that the qualifications of the establishment of an applicant or licensee are such as to cast substantial doubt upon the eligibility of the place for a license, evidence may be received at the appeal hearing limited to the issue involved and to the period of time subsequent to the date of the hearing before the administrative law judge.

C. Examination. Any appeal panel member may examine a witness upon any question relevant to the matters in issue.

D. Cross-examination. The right to cross-examine and the submission of rebuttal evidence as provided in 3VAC5-10-90 shall be allowed in any appeal hearing where the introduction of additional evidence is permitted.

History

Statutory Authority: §§ 4.1-103 and 4.1-111 of the Code of Virginia.
Historical Notes: Derived from VR125-01-1 § 2.6, eff. December 12, 1985; amended, Virginia Register Volume 4, Issue 6, eff. January 21, 1988; Volume 5, Issue 2, eff. November 24, 1988; Volume 6, Issue 2, eff. November 23, 1989; Volume 8, Issue 6, eff. January 15, 1992; Volume 10, Issue 11, eff. March 23, 1994; Volume 35, Issue 1, eff. October 22, 2018; Volume 41, Issue 10, eff. January 29, 2025.

3VAC5-10-300 Hearings

Hearings before the Virginia Alcoholic Beverage Control Authority or appeal panel in the absence of notice to the contrary will be held in the office of the Virginia Alcoholic Beverage Control Authority, Virginia A.B.C. Building, 7450 Freight Way, Mechanicsville, Virginia 23116.

History

Statutory Authority: §§ 4.1-103 and 4.1-111 of the Code of Virginia.
Historical Notes: Derived from VR125-01-1 § 2.7, eff. December 12, 1985; amended, Virginia Register Volume 4, Issue 6, eff. January 21, 1988; Volume 5, Issue 2, eff. November 24, 1988; Volume 6, Issue 2, eff. November 23, 1989; Volume 8, Issue 6, eff. January 15, 1992; Volume 10, Issue 11, eff. March 23, 1994; Volume 38, Issue 6, eff. December 8, 2021; Volume 41, Issue 10, eff. January 29, 2025.

3VAC5-10-310 Motions or requests

Motions or requests for rulings made after a hearing before an administrative law judge and prior to an appeal hearing before the Virginia Alcoholic Beverage Control Authority (authority) shall be in writing, addressed to the Chief Clerk of the Hearings, Appeals, and Judicial Services Division, and shall state with reasonable certainty the grounds for the motion or request for ruling. Argument upon such motions or requests will not be heard without special leave granted by the authority.

History

Statutory Authority: §§ 4.1-103 and 4.1-111 of the Code of Virginia.
Historical Notes: Derived from VR125-01-1 § 2.8, eff. December 12, 1985; amended, Virginia Register Volume 4, Issue 6, eff. January 21, 1988; Volume 5, Issue 2, eff. November 24, 1988; Volume 6, Issue 2, eff. November 23, 1989; Volume 8, Issue 6, eff. January 15, 1992; Volume 10, Issue 11, eff. March 23, 1994; Volume 41, Issue 10, eff. January 29, 2025.

3VAC5-10-320 Notice of hearing

Reasonable notice of the time and place of an appeal hearing shall be given to each interested party who appeared at the initial hearing or the interested party's representative.

History

Statutory Authority: §§ 4.1-103 and 4.1-111 of the Code of Virginia.
Historical Notes: Derived from VR125-01-1 § 2.9, eff. December 12, 1985; amended, Virginia Register Volume 4, Issue 6, eff. January 21, 1988; Volume 5, Issue 2, eff. November 24, 1988; Volume 6, Issue 2, eff. November 23, 1989; Volume 8, Issue 6, eff. January 15, 1992; Volume 10, Issue 11, eff. March 23, 1994; Volume 41, Issue 10, eff. January 29, 2025.

3VAC5-10-330 Record

A. The record of the hearing before the administrative law judge, including the initial decision, and the transcript of testimony, argument, and exhibits together with all papers and requests filed in the proceeding before the Virginia Alcoholic Beverage Control Authority (authority) shall constitute the exclusive record for the final decision of the authority.

B. Upon due application made to the Chief Clerk of the Hearings, Appeals, and Judicial Services Division, copies of the record, including the decision of the authority and any opinion setting forth the reasons for the decision, shall be made available to parties entitled thereto at a rate established by the authority.

History

Statutory Authority: §§ 4.1-103 and 4.1-111 of the Code of Virginia.
Historical Notes: Derived from VR125-01-1 § 2.10, eff. December 12, 1985; amended, Virginia Register Volume 4, Issue 6, eff. January 21, 1988; Volume 5, Issue 2, eff. November 24, 1988; Volume 6, Issue 2, eff. November 23, 1989; Volume 8, Issue 6, eff. January 15, 1992; Volume 10, Issue 11, eff. March 23, 1994; Volume 41, Issue 10, eff. January 29, 2025.

3VAC5-10-340 (Repealed.)

History

Historical Notes: Derived from VR125-01-1 § 2.11, eff. December 12, 1985; amended, Virginia Register Volume 4, Issue 6, eff. January 21, 1988; Volume 5, Issue 2, eff. November 24, 1988; Volume 6, Issue 2, eff. November 23, 1989; Volume 8, Issue 6, eff. January 15, 1992; Volume 10, Issue 11, eff. March 23, 1994; repealed, Virginia Register Volume 41, Issue 10, eff. January 29, 2025.

3VAC5-10-350 Scope of hearing

A. Except as provided in 3VAC5-10-290, the appeal hearing shall be limited to the record made before the administrative law judge.

B. The provisions of Part I (3VAC5-10-10 through 3VAC5-10-230) of this chapter shall be applicable to proceedings held under this part except to the extent such provisions are inconsistent with this part.

History

Statutory Authority: §§ 4.1-103 and 4.1-111 of the Code of Virginia.
Historical Notes: Derived from VR125-01-1 § 2.12, eff. December 12, 1985; amended, Virginia Register Volume 4, Issue 6, eff. January 21, 1988; Volume 5, Issue 2, eff. November 24, 1988; Volume 6, Issue 2, eff. November 23, 1989; Volume 8, Issue 6, eff. January 15, 1992; Volume 10, Issue 11, eff. March 23, 1994; Volume 41, Issue 10, eff. January 29, 2025.

Part III Wine and Beer Franchise Acts

3VAC5-10-360 Complaints

Complaints shall be referred in writing to the Chief Clerk of the Hearings, Appeals, and Judicial Services Division.

History

Statutory Authority: §§ 4.1-103 and 4.1-111 of the Code of Virginia.
Historical Notes: Derived from VR125-01-1 § 3.1, eff. December 12, 1985; amended, Virginia Register Volume 4, Issue 6, eff. January 21, 1988; Volume 5, Issue 2, eff. November 24, 1988; Volume 6, Issue 2, eff. November 23, 1989; Volume 8, Issue 6, eff. January 15, 1992; Volume 10, Issue 11, eff. March 23, 1994; Volume 23, Issue 13, eff. May 19, 2007; Volume 41, Issue 10, eff. January 29, 2025.

3VAC5-10-370 Hearings

Hearings will be conducted in accordance with the provisions of Part I (3VAC5-10-10 through 3VAC5-10-230) of this chapter. Further, the Virginia Alcoholic Beverage Control Authority (authority) and the administrative law judges designated by the authority may require an accounting to be submitted by each party in determining an award of costs and attorney fees.

History

Statutory Authority: §§ 4.1-103 and 4.1-111 of the Code of Virginia.
Historical Notes: Derived from VR125-01-1 § 3.2, eff. December 12, 1985; amended, Virginia Register Volume 4, Issue 6, eff. January 21, 1988; Volume 5, Issue 2, eff. November 24, 1988; Volume 6, Issue 2, eff. November 23, 1989; Volume 8, Issue 6, eff. January 15, 1992; Volume 10, Issue 11, eff. March 23, 1994; Volume 41, Issue 10, eff. January 29, 2025.

3VAC5-10-380 Appeals

The decision of the administrative law judge may be appealed to the Virginia Alcoholic Beverage Control Authority as provided in 3VAC5-10-240. Appeals shall be conducted in accordance with the provisions of Part II (3VAC5-10-240 through 3VAC5-10-350) of this chapter.

History

Statutory Authority: §§ 4.1-103 and 4.1-111 of the Code of Virginia.
Historical Notes: Derived from VR125-01-1 § 3.3, eff. December 12, 1985; amended, Virginia Register Volume 4, Issue 6, eff. January 21, 1988; Volume 5, Issue 2, eff. November 24, 1988; Volume 6, Issue 2, eff. November 23, 1989; Volume 8, Issue 6, eff. January 15, 1992; Volume 10, Issue 11, eff. March 23, 1994; Volume 41, Issue 10, eff. January 29, 2025.

3VAC5-10-390 Hearings on notification of price increases

Upon receipt from a winery, brewery, or wine or beer importer of a request for notice of a price increase less than 30 days in advance, a hearing will be scheduled before the Virginia Alcoholic Beverage Control Authority (authority), not an administrative law judge, as soon as practicable with five-day notice to all parties, which include, at a minimum, all the wholesalers selling the winery or brewery's product. There will be no continuances granted and the authority must rule within 24 hours of the hearing.

History

Statutory Authority: §§ 4.1-103, 4.1-108, 4.1-109, 4.1-111, 4.1-319, 4.1-350, 4.1-400 et seq., 4.1-500 et seq., and 9-6.14:1 et seq. of the Code of Virginia.
Historical Notes: Derived from VR125-01-1 § 3.4, eff. December 12, 1985; amended, Virginia Register Volume 4, Issue 6, eff. January 21, 1988; Volume 5, Issue 2, eff. November 24, 1988; Volume 6, Issue 2, eff. November 23, 1989; Volume 8, Issue 6, eff. January 15, 1992; Volume 10, Issue 11, eff. March 23, 1994; Volume 41, Issue 10, eff. January 29, 2025.

3VAC5-10-400 Discovery, prehearing procedures and production at hearings; definitions

The Rules of the Supreme Court of Virginia Parts One, One A, Two, Two A, Three, and Four shall apply in all proceedings under the Wine and Beer Franchise Acts, Chapters 4 (§ 4.1-400 et seq.) and 5 (§ 4.1-500 et seq.) of Title 4.1 of the Code of Virginia, including mediation and arbitration proceedings when necessary pursuant to §§ 4.1-409 and 4.1-508 of the Code of Virginia. Any references to a "court" contained in the rules shall be deemed to mean the administrative law judge or officers of the Virginia Alcoholic Beverage Control Authority conducting the proceeding.

No provision of this section shall affect the practice of taking evidence at a hearing, but such practice, including that of generally taking evidence ore tenus only at hearings before administrative law judges, shall continue unaffected hereby.

History

Statutory Authority: §§ 4.1-103 and 4.1-111 of the Code of Virginia.
Historical Notes: Derived from VR125-01-1 § 3.5, eff. December 12, 1985; amended, Virginia Register Volume 4, Issue 6, eff. January 21, 1988; Volume 5, Issue 2, eff. November 24, 1988; Volume 6, Issue 2, eff. November 23, 1989; Volume 8, Issue 6, eff. January 15, 1992; Volume 10, Issue 11, eff. March 23, 1994; Volume 23, Issue 13, eff. May 19, 2007; Volume 34, Issue 24, eff. September 10, 2018; Volume 41, Issue 10, eff. January 29, 2025.

Part IV Telephone Hearings

3VAC5-10-410 Applicability

The Virginia Alcoholic Beverage Control Authority (authority) and its administrative law judges may conduct hearings by telephone only when the applicant or licensee expressly waives the in-person hearing. The authority will determine whether or not certain hearings might practically be conducted by telephone. The provisions of Part I (3VAC5-10-10 through 3VAC5-10-230) of this chapter shall apply only to Part IV (3VAC5-10-410 through 3VAC5-10-470) of this chapter where applicable.

History

Statutory Authority: §§ 4.1-103 and 4.1-111 of the Code of Virginia.
Historical Notes: Derived from VR125-01-1 § 4.1, eff. December 12, 1985; amended, Virginia Register Volume 4, Issue 6, eff. January 21, 1988; Volume 5, Issue 2, eff. November 24, 1988; Volume 6, Issue 2, eff. November 23, 1989; Volume 8, Issue 6, eff. January 15, 1992; Volume 10, Issue 11, eff. March 23, 1994; Volume 41, Issue 10, eff. January 29, 2025.

3VAC5-10-420 Appearance

The interested parties will be expected to be available by telephone at the time set for the hearing and may produce, under oath, evidence relevant and material to the matters in issue. The Virginia Alcoholic Beverage Control Authority will arrange for telephone conference calls at its expense.

History

Statutory Authority: §§ 4.1-103 and 4.1-111 of the Code of Virginia.
Historical Notes: Derived from VR125-01-1 § 4.2, eff. December 12, 1985; amended, Virginia Register Volume 4, Issue 6, eff. January 21, 1988; Volume 5, Issue 2, eff. November 24, 1988; Volume 6, Issue 2, eff. November 23, 1989; Volume 8, Issue 6, eff. January 15, 1992; Volume 10, Issue 11, eff. March 23, 1994; Volume 41, Issue 10, eff. January 29, 2025.

3VAC5-10-430 Argument

Oral or written argument may be submitted to and limited by the administrative law judge. Oral argument is to be included in the stenographic report of the hearing. Written argument, if any, must be submitted to the administrative law judge and other interested parties in advance of the hearing.

History

Statutory Authority: §§ 4.1-103 and 4.1-111 of the Code of Virginia.
Historical Notes: Derived from VR125-01-1 § 4.3, eff. December 12, 1985; amended, Virginia Register Volume 4, Issue 6, eff. January 21, 1988; Volume 5, Issue 2, eff. November 24, 1988; Volume 6, Issue 2, eff. November 23, 1989; Volume 8, Issue 6, eff. January 15, 1992; Volume 10, Issue 11, eff. March 23, 1994; Volume 41, Issue 10, eff. January 29, 2025.

3VAC5-10-440 Documentary evidence

Documentary evidence that an interested party desires to be considered by the administrative law judge must be submitted to the administrative law judge and other interested parties in advance of the hearing.

History

Statutory Authority: §§ 4.1-103 and 4.1-111 of the Code of Virginia.
Historical Notes: Derived from VR125-01-1 § 4.4, eff. December 12, 1985; amended, Virginia Register Volume 4, Issue 6, eff. January 21, 1988; Volume 5, Issue 2, eff. November 24, 1988; Volume 6, Issue 2, eff. November 23, 1989; Volume 8, Issue 6, eff. January 15, 1992; Volume 10, Issue 11, eff. March 23, 1994; Volume 41, Issue 10, eff. January 29, 2025.

3VAC5-10-450 Hearings

A. Telephone hearings will usually originate from the central office of the Virginia Alcoholic Beverage Control Authority in Mechanicsville, Virginia, but may originate from other locations. An interested party may participate from the location of the interested party's choice where a telephone is available. If an interested party is not available by telephone at the time set for the hearing, the hearing may be conducted in the interested party's absence.

B. If at any time during a telephone hearing, the administrative law judge determines that the issues are so complex that a fair and impartial hearing cannot be accomplished, the administrative law judge shall adjourn the telephone hearing and reconvene an in-person hearing as soon as practicable.

History

Statutory Authority: §§ 4.1-103 and 4.1-111 of the Code of Virginia.
Historical Notes: Derived from VR125-01-1 § 4.5, eff. December 12, 1985; amended, Virginia Register Volume 4, Issue 6, eff. January 21, 1988; Volume 5, Issue 2, eff. November 24, 1988; Volume 6, Issue 2, eff. November 23, 1989; Volume 8, Issue 6, eff. January 15, 1992; Volume 10, Issue 11, eff. March 23, 1994; Volume 41, Issue 10, eff. January 29, 2025.

3VAC5-10-460 Notice of hearing

Interested parties shall be afforded reasonable notice of a pending hearing. The notice shall state the time, issues involved, and the telephone number where the applicant/licensee can be reached.

History

Statutory Authority: §§ 4.1-103 and 4.1-111 of the Code of Virginia.
Historical Notes: Derived from VR125-01-1 § 4.6, eff. December 12, 1985; amended, Virginia Register Volume 4, Issue 6, eff. January 21, 1988; Volume 5, Issue 2, eff. November 24, 1988; Volume 6, Issue 2, eff. November 23, 1989; Volume 8, Issue 6, eff. January 15, 1992; Volume 10, Issue 11, eff. March 23, 1994.

3VAC5-10-470 Witnesses

Interested parties shall arrange to have their witnesses present at the time designated for the telephone hearing, or should supply a telephone number where the witnesses can be reached, if different from that of the interested party.

History

Statutory Authority: §§ 4.1-103 and 4.1-111 of the Code of Virginia.
Historical Notes: Derived from VR125-01-1 § 4.7, eff. December 12, 1985; amended, Virginia Register Volume 4, Issue 6, eff. January 21, 1988; Volume 5, Issue 2, eff. November 24, 1988; Volume 6, Issue 2, eff. November 23, 1989; Volume 8, Issue 6, eff. January 15, 1992; Volume 10, Issue 11, eff. March 23, 1994.

3VAC5-10-480 (Repealed.)

History

Historical Notes: Derived from VR125-01-1 § 5.1, eff. December 12, 1985; amended, Virginia Register Volume 4, Issue 6, eff. January 21, 1988; Volume 5, Issue 2, eff. November 24, 1988; Volume 6, Issue 2, eff. November 23, 1989; Volume 8, Issue 6, eff. January 15, 1992; Volume 10, Issue 11, eff. March 23, 1994; Volume 23, Issue 13, eff. May 19, 2007; repealed, Virginia Register Volume 25, Issue 6, eff. December 24, 2008.

3VAC5-10-490 Mediation

A. Upon consent of all interested parties, the Virginia Alcoholic Beverage Control Authority (authority) may afford the parties an opportunity to resolve appropriate cases through mediation.

B. The mediations may be conducted by an administrative law judge of the authority.

C. If the mediation is unsuccessful, the matter may proceed to a formal hearing. The administrative law judge who conducted the mediation shall not preside over the formal hearing.

History

Statutory Authority: §§ 4.1-103 and 4.1-111 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 41, Issue 10, eff. January 29, 2025.

Chapter 11 Public Participation Guidelines

Part I Purpose and Definitions

3VAC5-11-10 Purpose

The purpose of this chapter is to promote public involvement in the development, amendment or repeal of the regulations of the Alcoholic Beverage Control Board. This chapter does not apply to regulations, guidelines, or other documents exempted or excluded from the provisions of the Administrative Process Act (§ 2.2-4000 et seq. of the Code of Virginia).

History

Statutory Authority: §§ 2.2-4007.02, 4.1-103 and 4.1-111 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 25, Issue 6, eff. December 24, 2008.

3VAC5-11-20 Definitions

The following words and terms when used in this chapter shall have the following meanings unless the context clearly indicates otherwise:

"Administrative Process Act" means Chapter 40 (§ 2.2-4000 et seq.) of Title 2.2 of the Code of Virginia.

"Agency" means the Alcoholic Beverage Control Board, which is the unit of state government empowered by the agency's basic law to make regulations or decide cases. Actions specified in this chapter may be fulfilled by state employees as delegated by the agency.

"Basic law" means provisions in the Code of Virginia that delineate the basic authority and responsibilities of an agency.

"Commonwealth Calendar" means the electronic calendar for official government meetings open to the public as required by § 2.2-3707 C of the Freedom of Information Act.

''Negotiated rulemaking panel'' or ''NRP'' means an ad hoc advisory panel of interested parties established by an agency to consider issues that are controversial with the assistance of a facilitator or mediator, for the purpose of reaching a consensus in the development of a proposed regulatory action.

"Notification list" means a list used to notify persons pursuant to this chapter. Such a list may include an electronic list maintained through the Virginia Regulatory Town Hall or other list maintained by the agency.

"Open meeting" means any scheduled gathering of a unit of state government empowered by an agency's basic law to make regulations or decide cases, which is related to promulgating, amending or repealing a regulation.

"Person" means any individual, corporation, partnership, association, cooperative, limited liability company, trust, joint venture, government, political subdivision, or any other legal or commercial entity and any successor, representative, agent, agency, or instrumentality thereof.

"Public hearing" means a scheduled time at which members or staff of the agency will meet for the purpose of receiving public comment on a regulatory action.

"Regulation" means any statement of general application having the force of law, affecting the rights or conduct of any person, adopted by the agency in accordance with the authority conferred on it by applicable laws.

"Regulatory action" means the promulgation, amendment, or repeal of a regulation by the agency.

"Regulatory advisory panel" or "RAP" means a standing or ad hoc advisory panel of interested parties established by the agency for the purpose of assisting in regulatory actions.

"Town Hall" means the Virginia Regulatory Town Hall, the website operated by the Virginia Department of Planning and Budget at www.townhall.virginia.gov, which has online public comment forums and displays information about regulatory meetings and regulatory actions under consideration in Virginia and sends this information to registered public users.

"Virginia Register" means the Virginia Register of Regulations, the publication that provides official legal notice of new, amended and repealed regulations of state agencies, which is published under the provisions of Article 6 (§ 2.2-4031 et seq.) of the Administrative Process Act.

History

Statutory Authority: §§ 2.2-4007.02, 4.1-103 and 4.1-111 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 25, Issue 6, eff. December 24, 2008.

Part II Notification of Interested Persons

3VAC5-11-30 Notification list

A. The agency shall maintain a list of persons who have requested to be notified of regulatory actions being pursued by the agency.

B. Any person may request to be placed on a notification list by registering as a public user on the Town Hall or by making a request to the agency. Any person who requests to be placed on a notification list shall elect to be notified either by electronic means or through a postal carrier.

C. The agency may maintain additional lists for persons who have requested to be informed of specific regulatory issues, proposals, or actions.

D. When electronic mail is returned as undeliverable on multiple occasions at least 24 hours apart, that person may be deleted from the list. A single undeliverable message is insufficient cause to delete the person from the list.

E. When mail delivered by a postal carrier is returned as undeliverable on multiple occasions, that person may be deleted from the list.

F. The agency may periodically request those persons on the notification list to indicate their desire to either continue to be notified electronically, receive documents through a postal carrier, or be deleted from the list.

History

Statutory Authority: §§ 2.2-4007.02, 4.1-103 and 4.1-111 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 25, Issue 6, eff. December 24, 2008.

3VAC5-11-40 Information to be sent to persons on the notification list

A. To persons electing to receive electronic notification or notification through a postal carrier as described in 3VAC5-11-30, the agency shall send the following information:

A notice of intended regulatory action (NOIRA).
A notice of the comment period on a proposed, a reproposed, or a fast-track regulation and hyperlinks to, or instructions on how to obtain, a copy of the regulation and any supporting documents.
A notice soliciting comment on a final regulation when the regulatory process has been extended pursuant to § 2.2-4007.06 or 2.2-4013 C of the Code of Virginia.

B. The failure of any person to receive any notice or copies of any documents shall not affect the validity of any regulation or regulatory action.

History

Statutory Authority: §§ 2.2-4007.02, 4.1-103 and 4.1-111 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 25, Issue 6, eff. December 24, 2008.

Part III Public Participation Procedures

3VAC5-11-50 Public comment

A. In considering any nonemergency, nonexempt regulatory action, the agency shall afford interested persons an opportunity to submit data, views, and arguments, either orally or in writing, to the agency. Such opportunity to comment shall include an online public comment forum on the Town Hall.

To any requesting person, the agency shall provide copies of the statement of basis, purpose, substance, and issues; the economic impact analysis of the proposed or fast-track regulatory action; and the agency's response to public comments received.
The agency may begin crafting a regulatory action prior to or during any opportunities it provides to the public to submit comments.

B. The agency shall accept public comments in writing after the publication of a regulatory action in the Virginia Register as follows:

For a minimum of 30 calendar days following the publication of the notice of intended regulatory action (NOIRA).
For a minimum of 60 calendar days following the publication of a proposed regulation.
For a minimum of 30 calendar days following the publication of a reproposed regulation.
For a minimum of 30 calendar days following the publication of a final adopted regulation.
For a minimum of 30 calendar days following the publication of a fast-track regulation.
For a minimum of 21 calendar days following the publication of a notice of periodic review.
Not later than 21 calendar days following the publication of a petition for rulemaking.

C. The agency may determine if any of the comment periods listed in subsection B of this section shall be extended.

D. If the Governor finds that one or more changes with substantial impact have been made to a proposed regulation, he may require the agency to provide an additional 30 calendar days to solicit additional public comment on the changes in accordance with § 2.2-4013 C of the Code of Virginia.

E. The agency shall send a draft of the agency's summary description of public comment to all public commenters on the proposed regulation at least five days before final adoption of the regulation pursuant to § 2.2-4012 E of the Code of Virginia.

History

Statutory Authority: §§ 2.2-4007.02, 4.1-103 and 4.1-111 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 25, Issue 6, eff. December 24, 2008.

3VAC5-11-60 Petition for rulemaking

A. As provided in § 2.2-4007 of the Code of Virginia, any person may petition the agency to consider a regulatory action.

B. A petition shall include but is not limited to the following information:

The petitioner's name and contact information;
The substance and purpose of the rulemaking that is requested, including reference to any applicable Virginia Administrative Code sections; and
Reference to the legal authority of the agency to take the action requested.

C. The agency shall receive, consider and respond to a petition pursuant to § 2.2-4007 and shall have the sole authority to dispose of the petition.

D. The petition shall be posted on the Town Hall and published in the Virginia Register.

E. Nothing in this chapter shall prohibit the agency from receiving information or from proceeding on its own motion for rulemaking.

History

Statutory Authority: §§ 2.2-4007.02, 4.1-103 and 4.1-111 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 25, Issue 6, eff. December 24, 2008.

3VAC5-11-70 Appointment of regulatory advisory panel

A. The agency may appoint a regulatory advisory panel (RAP) to provide professional specialization or technical assistance when the agency determines that such expertise is necessary to address a specific regulatory issue or action or when individuals indicate an interest in working with the agency on a specific regulatory issue or action.

B. Any person may request the appointment of a RAP and request to participate in its activities. The agency shall determine when a RAP shall be appointed and the composition of the RAP.

C. A RAP may be dissolved by the agency if:

The proposed text of the regulation is posted on the Town Hall, published in the Virginia Register, or such other time as the agency determines is appropriate; or
The agency determines that the regulatory action is either exempt or excluded from the requirements of the Administrative Process Act.

History

Statutory Authority: §§ 2.2-4007.02, 4.1-103 and 4.1-111 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 25, Issue 6, eff. December 24, 2008.

3VAC5-11-80 Appointment of negotiated rulemaking panel

A. The agency may appoint a negotiated rulemaking panel (NRP) if a regulatory action is expected to be controversial.

B. An NRP that has been appointed by the agency may be dissolved by the agency when:

There is no longer controversy associated with the development of the regulation;
The agency determines that the regulatory action is either exempt or excluded from the requirements of the Administrative Process Act; or
The agency determines that resolution of a controversy is unlikely.

History

Statutory Authority: §§ 2.2-4007.02, 4.1-103 and 4.1-111 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 25, Issue 6, eff. December 24, 2008.

3VAC5-11-90 Meetings

Notice of any open meeting, including meetings of a RAP or NRP, shall be posted on the Virginia Regulatory Town Hall and Commonwealth Calendar at least seven working days prior to the date of the meeting. The exception to this requirement is any meeting held in accordance with § 2.2-3707 D of the Code of Virginia allowing for contemporaneous notice to be provided to participants and the public.

History

Statutory Authority: §§ 2.2-4007.02, 4.1-103 and 4.1-111 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 25, Issue 6, eff. December 24, 2008.

3VAC5-11-100 Public hearings on regulations

A. The agency shall indicate in its notice of intended regulatory action whether it plans to hold a public hearing following the publication of the proposed stage of the regulatory action.

B. The agency may conduct one or more public hearings during the comment period following the publication of a proposed regulatory action.

C. An agency is required to hold a public hearing following the publication of the proposed regulatory action when:

The agency's basic law requires the agency to hold a public hearing;
The Governor directs the agency to hold a public hearing; or
The agency receives requests for a public hearing from at least 25 persons during the public comment period following the publication of the notice of intended regulatory action.

D. Notice of any public hearing shall be posted on the Town Hall and Commonwealth Calendar at least seven working daysprior to the date of the hearing. The agency shall also notify those persons who requested a hearing under subdivision C 3 of this section.

History

Statutory Authority: §§ 2.2-4007.02, 4.1-103 and 4.1-111 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 25, Issue 6, eff. December 24, 2008.

3VAC5-11-110 Periodic review of regulations

A. The agency shall conduct a periodic review of its regulations consistent with:

An executive order issued by the Governor pursuant to § 2.2-4017 of the Administrative Process Act to receive comment on all existing regulations as to their effectiveness, efficiency, necessity, clarity, and cost of compliance; and
The requirements in § 2.2-4007.1 of the Administrative Process Act regarding regulatory flexibility for small businesses.

B. A periodic review may be conducted separately or in conjunction with other regulatory actions.

C. Notice of a periodic review shall be posted on the Town Hall and published in the Virginia Register.

History

Statutory Authority: §§ 2.2-4007.02, 4.1-103 and 4.1-111 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 25, Issue 6, eff. December 24, 2008.

Agency 10 Virginia Cannabis Control Authority

Chapter 40 Regulated Operations

Part I General Provisions

3VAC10-40-10 Definitions

In addition to words and terms defined in the Cannabis Control Act (§ 4.1-600 et seq. 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:

"Batch" means a quantity of (i) cannabis oil from a production lot or (ii) harvested botanical cannabis product that is identified by a batch number or other unique identifier.

"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.

"Cannabis product advertising" means the act of providing consideration for the publication, dissemination, solicitation, or circulation of visual, oral, or written communication through any means to directly induce any person to patronize a particular pharmaceutical processor or cannabis dispensing facility or to purchase particular approved cannabis products. Advertising includes marketing.

"Cartoon" means any drawing, sketch, computer-generated illustration, or other depiction of an object, person, animal, creature, or any similar caricature that meets any of the following criteria:

The use of comically exaggerated features;
The attribution of human characteristics to animals, plants, or other objects;
The attribution of animal, plant, or other object characteristics to humans; or
The attribution of unnatural or extra-human abilities.

"Companion" means a person who provides fellowship and protection for an elderly person or person with an illness, injury, or disability who requires assistance with self-care.

"Endorse" means declaring public approval, support, or recommendation of a practitioner, including sharing information online and hosting or facilitating events that would promote a particular practitioner's services above others. Patient education events are permissible provided the event (i) is clearly focused on patient education and (ii) offers information about multiple practitioners without favor or emphasis on a particular practitioner.

"Immediate container" means a container that is in direct contact with cannabis or a cannabis product or, if a wrapper is in direct contact with the cannabis or the cannabis product, with the wrapper.

"Medical cannabis facility" means a pharmaceutical processor, cannabis dispensing facility, or cannabis cultivation facility.

"On duty" means that a pharmacist, the responsible party, or a person who is qualified to provide supervision in accordance with 3VAC10-30-90 is on the premises at the address of the pharmaceutical processor and is available as needed.

"Package" or "packaging" means any inner or outer container or covering.

"Perpetual inventory" means an ongoing system for recording quantities of cannabis products received, dispensed, or otherwise distributed by a cannabis dispensing 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.

"Registered cannabis product" means cannabis flower, concentrated cannabis, cannabis extracts, and products that are infused with cannabis or an extract thereof intended for use or consumption by humans and approved by the board.

"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.

"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.

History

Statutory Authority: §§ 4.1-601, 4.1-604, and 4.1-606 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 40, Issue 11, eff. January 1, 2024; amended, Virginia Register Volume 41, Issue 14, eff. February 10, 2025.

3VAC10-40-20 General provisions

A. A pharmaceutical processor or cannabis dispensing facility shall only sell cannabis products in a child-resistant, secure, and light-resistant container. Upon a written request from the patient, parent, legal guardian, or registered agent, the product may be dispensed in a non-child-resistant container so long as all labeling is maintained with the product.

B. Only a pharmacist may dispense cannabis products to patients or parents or legal guardians of patients who are minors or vulnerable adults, or to a registered agent. A pharmacy technician who meets the requirements of 3VAC10-30-90 D may assist, under the direct supervision of a pharmacist, in the dispensing and selling of cannabis products.

C. The PIC, pharmacist, responsible party, or person who is qualified to provide supervision in accordance with 3VAC10-30-90 on duty shall restrict access to the pharmaceutical processor or cannabis dispensing facility to:

A person whose responsibilities necessitate access to the pharmaceutical processor or cannabis dispensing facility and then for only as long as necessary to perform the person's job duties; or
A person who is a patient, parent, legal guardian, registered agent, or a companion of the patient, in which case such person shall not be permitted behind the service counter or in other areas where cannabis plants, extracts, or cannabis products are stored.

D. A pharmacist, pharmacy technician, or an employee of the pharmaceutical processor or cannabis dispensing facility who has routine access to confidential patient data and who has signed a patient data confidentiality agreement with the processor or dispensing facility may determine eligibility for access to the processor or facility by verifying through a verification source recognized by the board that the registration of the patient, parent, legal guardian, or registered agent is current.

E. All pharmacists and pharmacy technicians shall, at all times while at the pharmaceutical processor or cannabis dispensing facility, have their current license or registration available for inspection by the board or the board's agent.

F. While inside the pharmaceutical processor or cannabis dispensing facility, all employees shall wear name tags or similar forms of identification that clearly identify them, including their position at the pharmaceutical processor or cannabis dispensing facility.

G. A pharmaceutical processor or cannabis dispensing facility shall be open for patients, parents, legal guardians, or registered agents to purchase cannabis products for a minimum of 35 hours a week, except as otherwise authorized by the board.

H. A pharmaceutical processor or cannabis dispensing facility that closes the dispensing area during its normal hours of operation shall implement procedures to notify patients, parents, legal guardians, and registered agents of when the pharmaceutical processor or cannabis dispensing facility will resume normal hours of operation. Such procedures may include telephone system messages and conspicuously posted signs. If the cultivation, production, or dispensing area of the pharmaceutical processor or if a cannabis dispensing facility is or will be closed during its normal hours of operation for longer than two business days, the pharmaceutical processor or cannabis dispensing facility shall immediately notify the board.

I. The medical cannabis facility shall establish, implement, and adhere to a written alcohol-free, drug-free, and smoke-free workplace policy that shall be available to the board or the board's agent upon request.

History

Statutory Authority: §§ 4.1-601, 4.1-604, and 4.1-606 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 40, Issue 11, eff. January 1, 2024; amended, Virginia Register Volume 41, Issue 14, eff. February 10, 2025.

3VAC10-40-30 Facility prohibitions

A. No pharmaceutical processor shall:

Cultivate cannabis plants or produce or dispense cannabis products in any place except the approved facility at the address of record on the application for the pharmaceutical processor permit;
Sell, deliver, transport, or distribute cannabis, including cannabis products, to any other facility except for wholesale distribution pursuant to 3VAC10-40-50;
Produce or manufacture cannabis products for use outside of Virginia;
Provide cannabis products samples;
Endorse or promote a practitioner; or
Provide anything of value, directly or indirectly, to a practitioner.

B. No cannabis dispensing facility shall:

Dispense cannabis products in any place except the approved facility at the address of record on the application for the cannabis dispensing facility permit;
Sell, deliver, transport, or distribute cannabis products to any other facility, except for wholesale distribution pursuant to 3VAC10-40-50; or
Provide cannabis product samples.

C. No cannabis cultivation facility shall:

Sell, deliver, transport, or distribute cannabis to any other facility, except for the pharmaceutical processor that established the cannabis cultivation facility;
Produce, manufacture, or dispense cannabis products; or
Provide cannabis samples.

D. When a pharmacist is not on the premises and directly supervising the activity within the dispensing area of the pharmaceutical processor or a cannabis dispensing facility:

The dispensing area shall not be open or in operation;
No person shall be in the dispensing area unless all cannabis products are contained in a vault or other similar container to which only the pharmacist has access controls; and
The dispensing area shall be closed and properly secured.

E. Employee access to secured areas designated for cultivation and production, as authorized by the responsible party pursuant to § 4.1-1602 of the Code of Virginia, is permissible when a pharmacist is not on the premises.

F. No pharmaceutical processor or cannabis dispensing facility shall sell anything other than cannabis products except for devices for administration of dispensed products or hemp-based CBD products.

G. Except as provided in subsections H and I of this section, no person other than a medical cannabis facility employee, a patient, parent, legal guardian, registered agent, or a companion of a patient shall be allowed on the premises of a processor or facility.

H. Laboratory staff may enter a pharmaceutical processor or cannabis cultivation facility for the sole purpose of identifying and collecting cannabis or cannabis products samples to conduct laboratory tests.

I. A medical cannabis facility may submit a written request for entry by other persons to the board or the board's authorized representative.

J. An employee of a business that is contracted by a pharmaceutical processor may be allowed on the premises of the processor to perform the employee's duties (e.g. security, cleaning, electrical, plumbing) without requesting board authorization. The pharmaceutical processor should apply the requirements for visitor access found in subsection K of this section to the contracted employee.

K. All persons who the board or the board’s representative has authorized in writing to enter the medical cannabis facility shall obtain a visitor identification badge from a medical cannabis facility employee prior to entering the processor or facility.

An employee shall escort and monitor an authorized visitor at all times the visitor is in the medical cannabis facility.
The visitor identification badge shall remain visible at all times the visitor is in the medical cannabis facility, and the visitor shall return the visitor identification badge to an employee upon exiting the medical cannabis facility.
All visitors shall log in and out. The medical cannabis facility shall maintain the visitor log that shall include the date, time, and purpose of the visit and be available to the board.
If an emergency requires the presence of a visitor and makes it impractical for the medical cannabis facility to obtain prior authorization from the board, the medical cannabis facility shall provide written notice to the board as soon as practicable after the onset of the emergency. Such notice shall include the name and company affiliation of the visitor, the purpose of the visit, and the date and time of the visit. A medical cannabis facility shall monitor the visitor and maintain a log of such visit as required by this subsection.

L. No cannabis products shall be sold, dispensed, or distributed via a delivery service or any other manner outside of a pharmaceutical processor or cannabis dispensing facility; however, a parent, legal guardian, or registered agent or an agent of the processor or cannabis dispensing facility may deliver cannabis products to the patient or in accordance with 3VAC10-50-80 A.

M. Notwithstanding the requirements of subsection G of this section, an agent of the board or local law enforcement or other federal, state, or local government officials may enter any area of a medical cannabis facility if necessary to perform such individual's governmental duties.

History

Statutory Authority: §§ 4.1-601, 4.1-604, and 4.1-606 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 40, Issue 11, eff. January 1, 2024; amended, Virginia Register Volume 41, Issue 14, eff. February 10, 2025.

3VAC10-40-40 Electronic tracking

A. A pharmaceutical processor must implement and maintain an electronic tracking system as prescribed by the authority.

B. A pharmaceutical processor shall identify, monitor, and track all cannabis through a unique identifier assigned at seed acquisition or plant propagation.

C. A pharmaceutical processor shall maintain a record of all cannabis through cultivation and processing until transferred, distributed to qualifying patients, parents, legal guardians, or registered agents, or otherwise disposed of according to 3VAC10-50-110.

History

Statutory Authority: §§ 4.1-601, 4.1-604, and 4.1-606 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 40, Issue 11, eff. January 1, 2024; amended, Virginia Register Volume 41, Issue 14, eff. February 10, 2025.

Part II Wholesale Distribution and Inventory

3VAC10-40-50 Wholesale distribution of cannabis products, bulk cannabis oil, botanical cannabis, and usable cannabis

A. Cannabis oil, cannabis products, botanical cannabis, and usable cannabis from a batch that have passed the tests required in 3VAC10-60-20 G and H and are packaged and labeled for sale with an appropriate expiration date in accordance with 3VAC10-60-20 may be wholesale distributed between pharmaceutical processors, between a pharmaceutical processor and a cannabis dispensing facility, and between cannabis dispensing facilities.

B. Bulk cannabis oil, botanical cannabis, and usable cannabis that have not been packaged for sale and have not passed the tests required in 3VAC10-60-20 G and H and do not bear an appropriate expiration date may be wholesale distributed between pharmaceutical processors. Prior to distribution, the bulk cannabis oil, botanical cannabis, and usable cannabis shall be labeled in compliance with 3VAC10-70-30.

C. A pharmaceutical processor or cannabis dispensing facility engaged in wholesale distribution of cannabis products shall create a record of the transaction that shows (i) the date of distribution; (ii) the names and addresses of the processor or cannabis dispensing facility distributing the product and the processor or cannabis dispensing facility receiving the product; (iii) the kind and quantity of product being distributed; and (iv) the batch and lot identifying information, including testing date, processing or manufacturing date, and expiration date. The record of the transaction shall be maintained by the distributing pharmaceutical processor or cannabis dispensing facility with its records of distribution, and a copy of the record shall be provided to and maintained by the processor or facility receiving the product in its records of receipt. Such records shall be maintained by each processor or facility for three years in compliance with 3VAC10-40-200.

D. A pharmaceutical processor engaged in wholesale distribution of bulk cannabis oil, botanical cannabis, and usable cannabis shall create a record of the transaction.

The record of the transaction shall show (i) the date of distribution; (ii) the names and addresses of the processor distributing the bulk cannabis oil, botanical cannabis, and usable cannabis and the processor receiving the bulk cannabis oil, botanical cannabis, and usable cannabis; (iii) the quantity or weight of the cannabis oil, botanical cannabis, or usable cannabis in each container; (iv) the quantity of each type of container being distributed; (v) the identification of the contents of each container, including a brief description of the type or form of cannabis oil, botanical cannabis, or usable cannabis and the strain name, as appropriate; (vi) the lot or batch number or unique identifier so as to facilitate any warnings or recalls the board or pharmaceutical processor deem appropriate; and (vii) the dates of harvest and packaging.
The record of the transaction shall be maintained by the distributing pharmaceutical processor with its records of distribution, and a copy of the record shall be provided to and maintained by the processor receiving the product in its records of receipt.
Such records shall be maintained by each processor for three years in compliance with 3VAC10-40-200.

E. A pharmaceutical processor or cannabis dispensing facility engaged in the wholesale distribution of cannabis products shall provide the receiving processor or cannabis dispensing facility with a copy of the lab results for the distributed product or electronic access to the information that can be shared upon request to patients, parents, legal guardians, registered agents, practitioners who have certified qualifying patients, or an agent of the board.

F. A pharmaceutical processor or cannabis dispensing facility engaged in the wholesale distribution of cannabis products and pharmaceutical processors engaged in the wholesale distribution of bulk cannabis oil, botanical cannabis, and usable cannabis shall store and handle the items and maintain policies and procedures that include a process for executing or responding to mandatory and voluntary recalls in a manner that complies with 3VAC10-40-210.

G. If a pharmaceutical processor or cannabis dispensing facility participating in wholesale distribution uses an electronic system for the storage and retrieval of records related to distribution, the pharmaceutical processor shall use a system that is compliant with 3VAC10-40-200.

History

Statutory Authority: §§ 4.1-601, 4.1-604, and 4.1-606 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 40, Issue 11, eff. January 1, 2024; amended, Virginia Register Volume 41, Issue 14, eff. February 10, 2025.

3VAC10-40-60 Inventory requirements

A. Upon commencing operation, each medical cannabis facility shall conduct an initial comprehensive inventory of all cannabis plants, including the seeds, parts of plants, extracts, and cannabis products, at the facility. If a facility commences business with no cannabis or cannabis products on hand, the pharmacist or responsible party shall record this fact as the initial inventory.

B. Each medical cannabis facility shall establish ongoing inventory controls and procedures to conduct inventory reviews and comprehensive inventories of all cannabis plants, including the seeds, parts of plants, extracts, and cannabis products, that shall enable the facility to detect any diversion, theft, or loss in a timely manner.

C. For all inventories conducted by a medical cannabis facility:

The responsible party shall ensure all required inventories are performed in the cultivation and production areas, and the PIC shall ensure all required inventories are performed in the dispensing area.
The inventory shall be conducted by a pharmacist, pharmacy technician, responsible party, or person authorized by the responsible party who provides supervision of cultivation or production-related activities.
The inventories shall include, at a minimum, the date of the inventory, a summary of the inventory findings, and the name, signature, and title of the person who conducted the inventory.

D. Upon commencing operation, each pharmaceutical processor shall conduct a weekly inventory of all cannabis plants, including the seeds, parts of plants, and cannabis products in stock, that shall comply with the requirements of subsection C of this section.

E. Upon commencing operation, each cannabis dispensing facility shall maintain a perpetual inventory of all cannabis products received and dispensed that accurately indicates the physical count of each cannabis product on hand at the time of performing the inventory. The perpetual inventory shall include a reconciliation of each cannabis product at least monthly with a written explanation for any difference between the physical count and the theoretical count.

F. Upon commencing operation, each cannabis cultivation facility shall conduct a weekly inventory of all cannabis plants, including the seeds and parts of plants, in stock that shall comply with the requirements of subsection C of this section.

G. The record of all cannabis products sold, dispensed, or otherwise disposed of shall show the date of sale or disposition; the name of the pharmaceutical processor or cannabis dispensing facility; the name and address of the patient, parent, legal guardian, or registered agent to whom the cannabis product was sold; the kind and quantity of cannabis product sold or disposed of; and the method of disposal.

H. A complete and accurate record of all cannabis plants, including the seeds, parts of plants, and cannabis products on hand, shall be prepared annually on the anniversary of the initial inventory or such other date that the PIC or responsible party may choose, so long as it is not more than one year following the prior year's inventory.

I. All inventories, procedures, and other documents required by this section shall be maintained on the premises and made available to the board or its agent.

J. Inventory records shall be maintained for three years from the date the inventory was taken.

K. Whenever a person authorized to enforce state or federal law for the purpose of investigation or as evidence removes any sample or record, such person shall tender a receipt in lieu thereof and the receipt shall be kept for a period of at least three years.

History

Statutory Authority: §§ 4.1-601, 4.1-604, and 4.1-606 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 40, Issue 11, eff. January 1, 2024; amended, Virginia Register Volume 41, Issue 14, eff. February 10, 2025.

3VAC10-40-70 Reserved

History

Statutory Authority: §§ 4.1-601, 4.1-604, and 4.1-606 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 40, Issue 11, eff. January 1, 2024.

3VAC10-40-80 Reserved

History

Statutory Authority: §§ 4.1-601, 4.1-604, and 4.1-606 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 40, Issue 11, eff. January 1, 2024.

3VAC10-40-90 Reserved

History

Statutory Authority: §§ 4.1-601, 4.1-604, and 4.1-606 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 40, Issue 11, eff. January 1, 2024.

Part III Personnel and Security

3VAC10-40-100 Employee training

A. All employees of a medical cannabis facility shall complete training prior to the employee commencing work at the medical cannabis facility. At a minimum, the training shall be in the following areas:

The proper use of security measures and controls that have been adopted for the prevention of diversion, theft, or loss of cannabis, including the seeds, any parts or extracts of the cannabis plants, and cannabis products;
Procedures and instructions for responding to an emergency;
Professional conduct, ethics, and state and federal statutes and regulations regarding patient confidentiality; and
Developments in the field of the medical use of cannabis products.

B. The PIC and the responsible party shall ensure the continued competency of all employees in the respective areas for which they have oversight through continuing in-service training that is provided at least annually, is designed to supplement initial training, and includes any guidance specified by the board.

C. The PIC and the responsible party shall be responsible for maintaining a written record documenting the initial and continuing training of all respective employees that shall contain:

The name of the person receiving the training;
The dates of the training;
A general description of the topics covered;
The name of the person supervising the training; and
The signatures of the person receiving the training and the PIC or the responsible party.

D. When a change of PIC or responsible party for the medical cannabis facility occurs, the new PIC or responsible party shall review the training record and sign it, indicating that the new PIC or responsible party understands its contents.

E. A medical cannabis facility shall maintain the record documenting the employee training and make it available in accordance with regulations.

History

Statutory Authority: §§ 4.1-601, 4.1-604, and 4.1-606 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 40, Issue 11, eff. January 1, 2024; amended, Virginia Register Volume 41, Issue 14, eff. February 10, 2025.

3VAC10-40-110 Pharmacy technicians; ratio; supervision and responsibility

A. The ratio of pharmacy technicians to pharmacists on duty in the areas of a pharmaceutical processor designated for production or dispensing or in a cannabis dispensing facility shall not exceed six pharmacy technicians to one pharmacist.

B. The pharmacist providing direct supervision of pharmacy technicians may be held responsible for the pharmacy technicians' actions. Any violations relating to the dispensing of cannabis products resulting from the actions of a pharmacy technician shall constitute grounds for action against the license of the pharmacist and the registration of the pharmacy technician. As used in this subsection, "direct supervision" means a supervising pharmacist who:

Is on duty where the pharmacy technician is performing routine production of cannabis products or dispensing functions; and
Conducts in-process and final checks on the pharmacy technician's performance.

C. Pharmacy technicians shall not:

Counsel a patient, a patient's parent, legal guardian, or registered agent regarding (i) cannabis products or other drugs either before or after cannabis products have been dispensed or (ii) any medical information contained in a patient medication record;
Consult with the practitioner who certified the patient, or the practitioner's agent, regarding a patient or any medical information pertaining to the patient's cannabis product or any other drug the patient may be taking;
Interpret the patient's clinical data or provide medical advice;
Determine whether a different formulation of cannabis product should be substituted for the cannabis product or formulation recommended by the practitioner or requested by the patient or parent or legal guardian; or
Communicate with a practitioner who certified a patient or the practitioner's agent to obtain a clarification on a qualifying patient's written certification or instructions.

History

Statutory Authority: §§ 4.1-601, 4.1-604, and 4.1-606 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 40, Issue 11, eff. January 1, 2024.

3VAC10-40-120 Responsibilities of the responsible party

A. A person may only serve as the responsible party for one pharmaceutical processor or cannabis cultivation facility at any one time. The responsible party shall be employed full time in a managerial position at the location of the pharmaceutical processor or cannabis cultivation facility and shall be actively engaged in daily operations of the processor during normal hours of operation.

B. The responsible party shall be aware of and knowledgeable about all policies and procedures pertaining to the operations of the pharmaceutical processor or cannabis cultivation facility.

C. The responsible party shall ensure compliance with all security measures to protect the cannabis within the cultivation and production areas from diversion at all times and ensure that cultivation and production is performed in a safe and compliant manner and free of adulteration and misbranding.

D. The responsible party shall be responsible for ensuring that:

All employees practicing in the cultivation and production areas are properly trained;
All record retention requirements are met;
All requirements are met for the physical security of the cannabis, including the seeds, any parts or extracts of the cannabis plants, and the cannabis products within the cultivation and production area; and
Any other required filings or notifications regarding the cultivation and production areas are made on behalf of the processor as set forth in this chapter.

E. When the responsible party ceases practice at a pharmaceutical processor or cannabis cultivation facility or no longer wishes to be designated as the responsible party, the responsible party shall immediately notify the board and indicate the effective date on which the responsible party ceased or will cease to be the responsible party.

F. A responsible party who is absent from a pharmaceutical processor or cannabis cultivation facility for more than 30 consecutive days shall be deemed to no longer be the responsible party. If the responsible party knows of an upcoming absence of longer than 30 days, the responsible party shall be responsible for notifying the board. For unanticipated absences by the responsible party that exceed 15 days with no known return date within the next 15 days, the permit holder shall immediately notify the board and shall obtain a new responsible party.

G. If the responsible party resigns or otherwise ceases employment, the pharmaceutical processor or cannabis cultivation facility shall submit a change of responsible party application designating the new responsible party within 14 days of the former responsible party's resignation or termination date. It shall be unlawful for a pharmaceutical processor to operate without a new responsible party designated past the 14-day deadline unless the board receives a request for an extension prior to the deadline. The authority may grant an extension for up to an additional 14 days for good cause shown.

History

Statutory Authority: §§ 4.1-601, 4.1-604, and 4.1-606 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 40, Issue 11, eff. January 1, 2024; amended, Virginia Register Volume 41, Issue 14, eff. February 10, 2025.

3VAC10-40-130 Responsibilities of the PIC

A. The PIC of a pharmaceutical processor shall not serve as PIC of any other medical cannabis facility at any one time. A processor shall employ the PIC at the pharmaceutical processor for at least 35 hours per week, except as otherwise authorized by the board. A person may serve simultaneously as the PIC for no more than two cannabis dispensing facilities located within the same health service area at any one time.

B. The PIC or the pharmacist on duty shall control all aspects of the practice in the dispensing area of the pharmaceutical processor or in a cannabis dispensing facility. Any decision overriding such control of the PIC or other pharmacist on duty may be grounds for disciplinary action against the pharmaceutical processor or cannabis dispensing facility permit.

C. The PIC of a pharmaceutical processor or cannabis dispensing facility shall be responsible for ensuring that:

Pharmacy technicians are registered and properly trained;
All record retention requirements pertaining to the dispensing area are met;
All requirements for the physical security of the cannabis products are met;
The pharmaceutical processor or cannabis dispensing facility has appropriate pharmaceutical reference materials to ensure that cannabis products can be properly dispensed;
The following items are conspicuously posted in the pharmaceutical processor or cannabis dispensing facility in a location and in a manner so as to be clearly and readily identifiable to patients, parents, legal guardians, or registered agents:

a. Pharmaceutical processor permit or cannabis dispensing facility permit;

b. Licenses for all pharmacists practicing at the pharmaceutical processor or cannabis dispensing facility; and

c. The price of all cannabis products offered by the pharmaceutical processor or cannabis dispensing facility; and

Any other required filings or notifications are made on behalf of the dispensing area of the pharmaceutical processor or the dispensing facility as set forth in this chapter.

D. When the PIC ceases practice at a pharmaceutical processor or cannabis dispensing facility or no longer wishes to be designated as PIC, the PIC shall immediately return the permit to the board indicating the effective date on which the PIC ceased to be the PIC.

E. A PIC who is absent from practice for more than 30 consecutive days shall be deemed to no longer be the PIC. If the PIC knows of an upcoming absence of longer than 30 days, the PIC shall be responsible for notifying the board. For unanticipated absences by the PIC that exceed 15 days with no known return date within the next 15 days, the permit holder shall immediately notify the board and shall obtain a new PIC.

F. If the PIC resigns or otherwise ceases employment, the pharmaceutical processor or cannabis dispensing facility shall submit a change of PIC application within 14 days of the PIC's resignation or termination date. It shall be unlawful for a pharmaceutical processor or cannabis dispensing facility to operate without a new PIC designated past the 14-day deadline unless the board receives a request for an extension prior to the deadline. The authority may grant an extension for up to an additional 14 days for good cause shown.

History

Statutory Authority: §§ 4.1-601, 4.1-604, and 4.1-606 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 40, Issue 11, eff. January 1, 2024; amended, Virginia Register Volume 41, Issue 14, eff. February 10, 2025.

3VAC10-40-140 Security requirements

A. A pharmaceutical processor shall initially cultivate only the number of cannabis plants necessary to produce cannabis products for the number of patients anticipated within the first nine months of operation. Thereafter, the processor shall not maintain cannabis product in excess of the quantity required for normal, efficient operation.

B. At no time shall a cannabis dispensing facility maintain cannabis products in excess of the quantity required for normal, efficient operation.

C. A medical cannabis facility shall properly secure cannabis plants, seeds, parts of plants, extracts, and cannabis products. To secure these items, a medical cannabis facility shall:

Maintain all cannabis plants, seeds, parts of plants, extracts, and cannabis products in a secure area or location accessible only by the minimum number of authorized employees essential for efficient operation;
Store all cut parts of cannabis plants, extracts, or cannabis products in an approved safe or approved vault within the medical cannabis facility and not sell cannabis products when the regulated cannabis facility is closed;
Keep all approved safes, approved vaults, or any other approved equipment or areas used for the production, cultivation, harvesting, processing, manufacturing, or storage of cannabis products securely locked or protected from entry, except for the actual time required to remove or replace the cannabis, seeds, parts of plants, extracts, or cannabis products;
Keep all locks and security equipment in good working order;
Restrict access to keys or codes to all safes, approved vaults, or other approved equipment or areas in the dispensing area to pharmacists practicing at the pharmaceutical processor or cannabis dispensing facility;
Restrict access to keys or codes to all safes, approved vaults, or other approved equipment or areas in the cultivation and production areas to the responsible party and to those authorized by the responsible party. The responsible party shall authorize access to pharmacists practicing in the processor or persons supervising cultivation-related or production-related activities at the processor; and
Not allow keys to be left in the locks or otherwise accessible to persons not authorized by the PIC or responsible party.

D. The PIC or responsible party may designate employees, other than a pharmacist or person supervising cultivation-related or production-related activities at the processor, to have the ability to unlock a secured area to gain entrance to perform required job duties, but only during hours of operation of the processor or dispensing facility. At no time shall these employees have access to the security system.

E. The regulated cannabis facility shall have an adequate security system to prevent and detect diversion, theft, or loss of cannabis seeds, plants, extracts, or cannabis products. A failure notification system and a back-up alarm system with an ability to remain operational during a power outage shall be installed in each pharmaceutical processor or cannabis dispensing facility. The installation and the operation of the system shall meet accepted alarm industry standards, subject to the following conditions:

The system shall include a sound, microwave, photoelectric, ultrasonic, or other generally accepted and suitable device;
The system shall be monitored in accordance with accepted industry standards, be maintained in operating order, have an auxiliary source of power, and be capable of sending an alarm signal to the monitoring entity when breached if the communication line is not operational;
The system shall fully protect the entire processor or facility and shall be capable of detecting any failure in the system when activated;
The system shall include a duress alarm, a panic alarm, and an automatic voice dialer;
Access to the alarm system for the dispensing area of the pharmaceutical processor or cannabis dispensing facility shall be restricted to the pharmacists working at the pharmaceutical processor or cannabis dispensing facility, and the system shall be activated whenever the pharmaceutical processor or cannabis dispensing facility is closed for business; and
Access to the alarm system in a cannabis cultivation facility or areas of a pharmaceutical processor that are designated for cultivation and production shall be restricted to the responsible party and to those authorized by the responsible party who shall be the pharmacists practicing at the pharmaceutical processor or person supervising cultivation-related or production-related activities.

F. A medical cannabis facility shall keep the outside perimeter of the premises well lit.

G. A medical cannabis facility shall have video cameras in all areas that may contain cannabis plants, seeds, parts of plants, extracts, or cannabis products and at all points of entry and exit, which shall be appropriate for the normal lighting conditions of the area under surveillance.

The medical cannabis facility shall direct cameras at all approved safes, approved vaults, dispensing areas, or cannabis products sales areas, and any other area where cannabis plants, seeds, extracts, or cannabis products are being produced, harvested, manufactured, stored, or handled. At entry and exit points, the medical cannabis facility shall angle cameras so as to allow for the capture of clear and certain identification of any person entering or exiting the facility;
The video system shall have:

a. A failure notification system that provides an audible, text, or visual notification of any failure in the surveillance system. The failure notification system shall provide an alert to the medical cannabis facility within five minutes of the failure, either by telephone, email, or text message;

b. The ability to immediately produce a clear color still photo that is a minimum of 9600 dpi from any camera image, live or recorded;

c. A date and time stamp embedded on all recordings. The date and time shall be synchronized and set correctly and shall not significantly obscure the picture; and

d. The ability to remain operational during a power outage;

All video recordings shall allow for the exporting of still images in an industry standard image format. Exported video shall have the ability to be archived in a proprietary format that ensures authentication of the video and guarantees that no alteration of the recorded image has taken place. Exported video shall also have the ability to be saved in an industry standard file format that can be played on a standard computer operating system; and
The medical cannabis facility shall make 24-hour recordings from all video cameras available for immediate viewing by the board or the board's agent upon request and shall retain the recordings for at least 30 days. If a medical cannabis facility is aware of a pending criminal, civil, or administrative investigation or legal proceeding for which a recording may contain relevant information, the medical cannabis facility shall retain an unaltered copy of the recording until the investigation or proceeding is closed or the entity conducting the investigation or proceeding notifies the medical cannabis facility PIC or responsible party that it is not necessary to retain the recording.

H. The medical cannabis facility shall maintain all security system equipment and recordings in a secure location so as to prevent theft, loss, destruction, or alterations. All security equipment shall be maintained in good working order and shall be tested at least every six months. The pharmaceutical processor or cannabis dispensing facility shall keep all onsite surveillance rooms locked and shall not use such rooms for any other function.

I. A medical cannabis facility shall limit access to surveillance areas to persons who are essential to surveillance operations, law-enforcement agencies, security system service employees, the board or the board's agent, and others when approved by the board. A medical cannabis facility shall make available a current list of authorized employees and security system service employees who have access to the surveillance room of the processor or facility.

J. If diversion, theft, or loss of cannabis plants, seeds, parts of plants, extracts, or cannabis products has occurred from a medical cannabis facility, the board may require additional safeguards to ensure the security of the products.

History

Statutory Authority: §§ 4.1-601, 4.1-604, and 4.1-606 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 40, Issue 11, eff. January 1, 2024; amended, Virginia Register Volume 41, Issue 14, eff. February 10, 2025.

3VAC10-40-150 Reportable events

A. A medical cannabis facility shall immediately notify appropriate law-enforcement authorities and the board upon becoming aware of any of the following:

Diversion, theft, loss, or discrepancies identified during inventory;
Unauthorized destruction of any cannabis products; or
Any loss or unauthorized alteration of records related to cannabis products or qualifying patients.

B. A medical cannabis facility shall provide the notice required by subsection A of this section to the board by way of a signed statement that details the circumstances of the event, including an accurate inventory of the quantity and registered cannabis product names of cannabis product diverted, stolen, lost, destroyed, or damaged and confirmation that the local law-enforcement authorities were notified. A medical cannabis facility shall make such notice no later than 24 hours after discovery of the event.

C. A medical cannabis facility shall notify the board no later than the next business day, followed by written notification no later than 10 business days, of any of the following:

An alarm activation or other event that requires a response by public safety personnel;
A breach of security; or
The failure of the security alarm system due to a loss of electrical support or mechanical malfunction that is expected to last longer than eight hours.

D. In addition to the notice required by subsection C of this section, the medical cannabis facility shall provide written notification to the board no later than 10 business days that details the circumstances of the event and identifies corrective measures taken, if any.

E. A pharmacist, responsible party, pharmaceutical processor, or cannabis dispensing facility shall immediately notify the board of an employee convicted of a felony.

F. A medical cannabis facility shall immediately notify the board upon becoming aware or having reasonable suspicion of a violation of any provision of 3VAC10-30-30 or 3VAC10-30-40.

History

Statutory Authority: §§ 4.1-601, 4.1-604, and 4.1-606 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 40, Issue 11, eff. January 1, 2024; amended, Virginia Register Volume 41, Issue 14, eff. February 10, 2025.

Part IV Advertising

3VAC10-40-160 General provisions

A medical cannabis facility may engage in marketing activities related to products, the medical cannabis program, the pharmaceutical processor company, and related communications, except those marketing activities that:

Include false or misleading statements;
Promote excessive consumption;
Depict a person younger than 21 years of age consuming cannabis;
Appeal to minors, including labeling, packaging, advertising, or marketing that is pleasing or appealing to, or targets, individuals younger than 21 years of age by using or including, among other things:

a. Cartoons or mascots;

b. Bubble-type or other cartoon-like font;

c. Similarities to products, or words that refer to products that are commonly associated with, or marketed in a manner so as to be attractive to, individuals younger than 21 years of age, including any imitation of food, candy, soda, drinks, cookies, or cereal (with the exception of using the name of a cultivar), in labeling, packaging, advertising, or marketing;

d. Terms "candy" or "candies" or variants in spelling such as "kandy" or "kandeez" (with the exception of cultivar names);

e. Symbols, images, characters, public figures, phrases, toys, or games that are commonly used to market products to individuals younger than 21 years of age; or

f. Audio that may be attractive to individuals younger than 21 years of age, including audio using children's voices or cartoon voices.

Contain any seal, flag, crest, coat of arms, or other insignia that is likely to mislead patients or the general public to believe that the cannabis product has been endorsed, made, or used by the Commonwealth of Virginia or any of its representatives except where specifically authorized.

History

Statutory Authority: §§ 4.1-601, 4.1-604, 4.1-606, and 4.1-1602 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 40, Issue 11, eff. January 1, 2024; amended, Virginia Register Volume 41, Issue 14, eff. February 10, 2025; Volume 42, Issue 9, eff. January 14, 2026; Volume 42, Issue 15, eff. March 9, 2026.

3VAC10-40-170 Prohibited practices

A. A medical cannabis facility shall not advertise (i) through any means unless at least 85% of the audience is reasonably expected to be 18 years of age or older, as determined by reliable, up-to-date audience composition data or (ii) on television or the radio at any time outside of regular school hours for elementary and secondary schools.

B. Advertising shall not:

Display cannabis products or images of products where the advertisement is visible to members of the public from any street, sidewalk, park, or other public place; or
Include coupons, giveaways of free cannabis products, or distribution of merchandise that displays anything other than the facility name and contact information.

C. No outdoor cannabis product advertising shall be placed within 500 linear feet on the same side of the road, and parallel to such road, measured from the nearest edge of the sign face upon which the advertisement is placed to the nearest edge of a building or structure located on the real property of (i) a school or daycare, (ii) a public or private playground or similar recreational or child-centered facility, or (iii) a substance use disorder treatment facility. However, (a) if there is no building or structure on a playground or similar recreational facility, the measurement shall be from the nearest edge of the sign face upon which the advertisement is placed to the property line of such playground or similar recreational facility and (b) if a public or private school providing grade K through 12 education is located across the road from a sign, the measurement shall be from the nearest edge of the sign face upon which the advertisement is placed to the nearest edge of a building or structure located on such real property across the road.

D. Signs placed on the property of a medical cannabis facility shall not:

Display imagery of cannabis or the use of cannabis; or
Draw undue attention to the facility, but may be designed to assist patients, parents, legal guardians, and registered agents to find the medical cannabis facility.

E. A medical cannabis facility shall not advertise at any sporting event or use any billboard advertisements.

F. No cannabis product advertising shall be on or in a public transit vehicle, public transit shelter, bus stop, taxi stand, transportation waiting area, train station, airport, or any similar transit-related location.

G. No advertising shall be conducted through the marketing of free promotional items, including gifts and "free" or "donated" cannabis.

History

Statutory Authority: §§ 4.1-601, 4.1-604, and 4.1-606 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 40, Issue 11, eff. January 1, 2024; amended, Virginia Register Volume 41, Issue 14, eff. February 10, 2025.

3VAC10-40-180 Permitted practices

A. A medical cannabis facility may list its business in public telephone books, business directories, search engines, or other places where it is reasonable for a business to maintain an informational presence of its existence and a description of the nature of the business. A medical cannabis facility shall not engage in the use of pop-up digital advertisements.

B. A medical cannabis facility may display the following information on its website or social media site:

Name and location of the medical cannabis facility;
Contact information for the medical cannabis facility;
Hours and days the pharmaceutical processor or cannabis dispensing facility is open for dispensing cannabis products;
Laboratory results;
Product information and pricing;
Directions to the medical cannabis facility; and
Educational materials regarding the use of cannabis products that are supported by substantial, current clinical evidence or data.

C. Medical cannabis facilities may provide communication and engagement for educational purposes with health care practitioners, patients, parents, legal guardians, registered agents, and the general public, including the dissemination of information permitted by 3VAC10-40-160 and educational materials.

History

Statutory Authority: §§ 4.1-601, 4.1-604, and 4.1-606 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 40, Issue 11, eff. January 1, 2024.

3VAC10-40-190 Advertising requirements

A. Advertising must accurately and legibly identify the medical cannabis facility responsible for its content and include a statement that cannabis products are for use by patients only.

B. Any advertisement for cannabis products that is related to the benefits, safety, or efficacy, including therapeutic or medical claims, shall:

Be supported by substantial, current clinical evidence or data; and
Include information on side effects or risks associated with the use of cannabis.

C. Any website or social media site owned, managed, or operated by a medical cannabis facility shall employ a neutral age-screening mechanism that verifies that the user is at least 18 years of age, including by using an age-gate, age-screen, or age verification mechanism.

D. All outdoor signage must comply with local or state requirements.

History

Statutory Authority: §§ 4.1-601, 4.1-604, and 4.1-606 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 40, Issue 11, eff. January 1, 2024; amended, Virginia Register Volume 41, Issue 14, eff. February 10, 2025.

Part V Records, Storage, and Transportation

3VAC10-40-200 Recordkeeping requirements

A. If a medical cannabis facility uses an electronic system for the storage and retrieval of patient information or other records related to cultivating, producing, and dispensing cannabis products, as applicable, the pharmaceutical processor or cannabis dispensing facility shall use a system that:

Guarantees the confidentiality of the information contained in the system;
Is capable of safeguarding against erasures and unauthorized changes in data after the information has been entered and verified by the pharmacist or responsible party; and
Is capable of being reconstructed in the event of a computer malfunction or accident resulting in the destruction of the data bank.

B. All records relating to inventory, laboratory results, and dispensing shall be maintained for a period of three years and shall be made available to the board upon request.

History

Statutory Authority: §§ 4.1-601, 4.1-604, and 4.1-606 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 40, Issue 11, eff. January 1, 2024.

3VAC10-40-210 Storage and handling requirements

A. A medical cannabis facility shall:

Have storage areas that provide adequate lighting, ventilation, sanitation, space, equipment, and security conditions for the cultivation of cannabis and the production and dispensing of cannabis products;
Store cannabis plants, seeds, parts of plants, extracts, including cannabis products, that are outdated, damaged, deteriorated, misbranded, adulterated, or whose containers or packaging have been opened or breached, in a separate quarantined storage area until such cannabis plants, seeds, parts of plants, extracts, or cannabis products are destroyed;
Be maintained in a clean, sanitary, and orderly condition; and
Be free from infestation by insects, rodents, birds, or vermin of any kind.

B. A medical cannabis facility shall compartmentalize all areas in the facility based on function and shall restrict access between compartments.

C. The pharmaceutical processor or cannabis cultivation facility shall establish, maintain, and comply with written policies and procedures regarding best practices for the secure and proper cultivation of cannabis and production of cannabis products. These shall include policies and procedures that:

Restrict movement between compartments;
Provide for different colored identification cards for employees based on the compartment to which the employees are assigned at a given time so as to ensure that only employees necessary for a particular function have access to that compartment of the facility; and
Document the chain of custody of all cannabis plants, parts of plants, seeds, extracts, and cannabis products.

D. A cannabis dispensing facility shall establish, maintain, and comply with written policies and procedures regarding best practices for the secure and proper dispensing of cannabis products.

E. The PIC or responsible party of a medical cannabis facility shall establish, maintain, and comply with written policies and procedures for the cultivation, production, security, storage, and inventory of cannabis, including the seeds, parts of plants, extracts, and cannabis products, as applicable. Such policies and procedures shall include methods for identifying, recording, and reporting diversion, theft, or loss and for correcting all errors and inaccuracies in inventories. Medical cannabis facilities shall include in their written policies and procedures a process for:

Handling mandatory and voluntary recalls of cannabis products and bulk cannabis oil, botanical cannabis, and usable cannabis distributed or received via wholesale distribution. The process shall be adequate to deal with recalls due to any action initiated at the request of the board and any voluntary action by the pharmaceutical processor or cannabis dispensing facility to (i) remove defective or potentially defective cannabis products from the market or (ii) promote public health and safety by replacing existing cannabis products with improved products or packaging;
Preparing for, protecting against, and handling any crises that affect the security or operation of any facility in the event of labor strike, fire, flood, or other natural disaster, or other situations of local, state, or national emergency;
Ensuring that any outdated, damaged, deteriorated, misbranded, or adulterated cannabis, including seeds, parts of plants, extracts, and cannabis products, is segregated from all other cannabis, seeds, parts of plants, extracts, and cannabis products and destroyed. This procedure shall provide for written documentation of the cannabis, including seeds, parts of plants, extracts, and cannabis product disposition; and
Ensuring the oldest stock of cannabis, including seeds, parts of plants, extracts, and cannabis products are used first. The procedure may permit deviation from this requirement if such deviation is temporary and appropriate.

F. The pharmaceutical processor or cannabis cultivation facility shall:

Store all cannabis, including seeds, parts of plants, extracts, and cannabis products, in the process of production, transfer, or analysis in such a manner as to prevent diversion, theft, or loss;
Make cannabis, including the seeds, parts of plants, extracts, and cannabis products, accessible only to the minimum number of specifically authorized employees essential for efficient operation; and
Return such items to their secure location immediately after completion of the production, transfer, or analysis process or at the end of the scheduled business day.

G. If a production process cannot be completed at the end of a working day, the pharmacist, responsible party, or other person authorized by the responsible party to supervise cultivation and production at the pharmaceutical processor or cannabis cultivation facility shall securely lock the processing area or tanks, vessels, bins, or bulk containers containing cannabis, including the seeds, parts of plants, extracts, and cannabis products, inside an area or building that affords adequate security.

H. The cannabis dispensing facility shall store all cannabis products in such a manner as to prevent diversion, theft, or loss; shall make cannabis products accessible only to the minimum number of specifically authorized employees essential for efficient operation; and shall return the cannabis products to their secure location at the completion of the dispensing or at end of the scheduled business day.

History

Statutory Authority: §§ 4.1-601, 4.1-604, and 4.1-606 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 40, Issue 11, eff. January 1, 2024; amended, Virginia Register Volume 41, Issue 14, eff. February 10, 2025.

3VAC10-40-220 Medical cannabis facility closings; going out of business; change of ownership

A. At least 30 days prior to the date a medical cannabis facility closes, either temporarily or permanently, the owner shall:

Notify the board;
Send written notification to patients with current certification; and
Post a notice on the window or door of the medical cannabis facility.

B. The proposed disposition of all cannabis, industrial hemp extracts, cannabis products, dispensing records, patient information records, and other required records, as applicable, shall be reported to the board. If the cannabis, cannabis products, and records are to be transferred to another medical cannabis facility located in Virginia, the owner shall inform the board and the patients and include on the public notice the name and address of the processor or cannabis dispensing facility to whom the cannabis, cannabis products, and records are being transferred and the date of transfer.

C. The board may approve exceptions to the public notice requirement due to exigent circumstances, including sudden closing due to fire, destruction, natural disaster, death, property seizure, eviction, bankruptcy, or other emergency circumstances. If the medical cannabis facility is not able to meet the notification requirements, the owner shall ensure that the board and public are properly notified as soon as the owner knows of the closure and shall disclose the emergency circumstances preventing the notification within the required deadlines.

D. In the event of an exception to the notice, the PIC, responsible party, or owner shall provide notice as far in advance of closing as allowed by the circumstances.

E. At least 14 days prior to any change in ownership of an existing medical cannabis facility, the owner shall notify the board of the pending change.

Upon any change in ownership of an existing pharmaceutical processor or cannabis dispensing facility, the dispensing records for the two years immediately preceding the date of change of ownership and other required patient information shall be provided to the new owners on the date of change of ownership in substantially the same format as previously used immediately prior to the transfer to provide continuity of services.
The previous owner shall be held responsible for ensuring the proper and lawful transfer of records on the date of the transfer.
If a new owner's share constitutes 5.0% or greater of the total ownership, the new owner shall submit to fingerprinting and the criminal history record search required of § 4.1-1602 of the Code of Virginia.

History

Statutory Authority: §§ 4.1-601, 4.1-604, and 4.1-606 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 40, Issue 11, eff. January 1, 2024.

3VAC10-40-230 (Repealed.)

History

Historical Notes: Derived from Virginia Register Volume 41, Issue 14, eff. February 10, 2025; repealed, Virginia Register Volume 42, Issue 9, eff. January 14, 2026.

3VAC10-40-235 Cannabis delivery and transportation general requirements

A. Prior to transporting medical cannabis to another medical cannabis facility or offering cannabis delivery to patients, a medical cannabis facility shall submit the following items to the authority:

A list of the employees or delivery agents authorized to transport or deliver cannabis, along with a copy of each authorized employee or delivery agent's valid driver license; and
For each transport or delivery vehicle:

a. License plate number, vehicle identification number, make, and model;

b. An attestation that the vehicle is properly registered and insured;

c. A description of the locked, safe, and secure storage compartments in the vehicle; and

d. A description of the security system, form of secure communication, global positioning system (GPS) monitoring device, and any other equipment or system required pursuant to 3VAC10-40-245.

B. A medical cannabis facility shall provide written notice to the authority, along with the documentation required in subsection A of this section, in the event the facility adds or removes a transport or delivery vehicle or an authorized employee or delivery agent.

C. No medical cannabis facility shall advertise, offer, or commence delivery or transport operations prior to receiving written approval from the authority.

D. The board may suspend or revoke the privileges of any employee or delivery agent to transport or deliver usable cannabis, cannabis oil, or cannabis products for failure of such employee or delivery agent to comply with board regulations.

History

Statutory Authority: §§ 4.1-601, 4.1-604, 4.1-606, and 4.1-1602 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 42, Issue 15, eff. March 9, 2026.

3VAC10-40-240 (Repealed.)

History

Historical Notes: Derived from Virginia Register Volume 41, Issue 14, eff. February 10, 2025; repealed, Virginia Register Volume 42, Issue 9, eff. January 14, 2026.

3VAC10-40-245 Vehicle security

A. All transport or delivery vehicles shall be properly registered with the Commonwealth and be insured in the Commonwealth. Medical cannabis facilities shall maintain registration and insurance documents and provide the documents to the authority and law-enforcement officials upon request.

B. A transport or delivery vehicle shall bear no marking or outward appearance, including brand or company names, that would indicate to a reasonable person that the vehicle is used to transport cannabis.

C. At all times during the transportation of cannabis, a transport or delivery vehicle shall be equipped with the following functioning features:

Heating and air conditioning systems sufficient for maintaining appropriate temperatures for the storage of cannabis during transport in accordance with recommendations provided by the originating medical cannabis facility to protect the quality and integrity of the cannabis;
A locked, safe, and secure storage compartment where cannabis will be stored during transport that (i) is a secured part of the vehicle, (ii) is not easily removed, and (iii) ensures cannabis is not visible from the outside of the vehicle;
A GPS monitoring device that is secured to the vehicle in a manner not easily removed and able to remain powered on when the transport vehicle is not running, the information from which shall be maintained in accordance with 3VAC10-40-265;
A secure form of communication between the transporting agent and the transporting facility, and any originating facility if required by 3VAC10-40-265 G, at all times during the transportation of cannabis. Secure forms of communication shall include a two-way digital or analog radio, cellular phone, and satellite phone, taking into consideration the functionality of the communication device within the geographic area of the transport; and
An adequate vehicle security system to prevent adulteration, diversion, theft, and loss of cannabis, including an audible alarm system.

D. Access to transport vehicle security equipment and records shall be limited to persons who are (i) essential to security operations, (ii) law-enforcement agents, (iii) security system service employees, (iv) agents of the authority, and (v) approved by the authority. A transporting facility shall maintain a current list of all individuals that have access to any transport vehicle security equipment and records.

E. The authority may inspect a transport or delivery vehicle, as well as its equipment, including security systems, forms of secure communication, and GPS monitoring devices at any time without prior notice. If the authority determines that the transport or delivery vehicle does not satisfy the requirements of this section, or that such transport or delivery vehicle requires additional security measures to address public health and safety concerns, the medical cannabis facility shall not use the transport vehicle until such time as it receives a satisfactory inspection from the authority.

History

Statutory Authority: §§ 4.1-601, 4.1-604, 4.1-606, and 4.1-1602 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 42, Issue 15, eff. March 9, 2026.

3VAC10-40-250 (Repealed.)

History

Historical Notes: Derived from Virginia Register Volume 41, Issue 14, eff. February 10, 2025; repealed, Virginia Register Volume 42, Issue 9, eff. January 14, 2026.

3VAC10-40-255 Manifests

A. Prior to transporting cannabis between medical cannabis facilities or from a medical cannabis facility to a testing laboratory:

The originating facility shall prepare a transport manifest on a form and in a manner prescribed by the authority, itemizing all cannabis to be transported. A separate copy of the transport manifest shall be provided to the transporting employee to accompany the itemized cannabis at all times during transport.
The originating facility shall securely transmit a copy of the transport manifest to the receiving facility at least 24 hours prior to transport.
An authorized transportation employee or delivery agent shall review the transport manifest prepared by the originating facility and confirm that it accurately describes the type and quantity of cannabis in the transport vehicle to be transported by the transporting employee or delivery agent, in the aggregate and for each delivery.

B. Prior to delivering cannabis to a qualifying patient, parent, legal guardian, or registered agent:

The pharmaceutical processor or cannabis dispensing facility shall prepare a delivery manifest on a form and in a manner prescribed by the authority, itemizing all cannabis to be delivered. A separate copy of the delivery manifest shall be provided to the delivery employee or agent to accompany the itemized cannabis at all times during transport.
The delivery employee or agent shall review the delivery manifest prepared by the medical cannabis facility and confirm that it includes sufficient identifying information for each patient, parent, legal guardian, or registered agent, including name and day and month of birth.

C. A transport vehicle shall not carry any cannabis for which a manifest has not been provided, and all cannabis shall be packaged in sealed, labeled, and tamper-resistant packaging at all times.

History

Statutory Authority: §§ 4.1-601, 4.1-604, 4.1-606, and 4.1-1602 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 42, Issue 15, eff. March 9, 2026.

3VAC10-40-260 (Repealed.)

History

Historical Notes: Derived from Virginia Register Volume 41, Issue 14, eff. February 10, 2025; repealed, Virginia Register Volume 42, Issue 9, eff. January 14, 2026.

3VAC10-40-265 Transportation of cannabis

A. A transporting employee or delivery agent shall remain with the transport vehicle at all times that the vehicle contains cannabis, provided that if there is only one transporting employee or delivery agent, the transporting employee or delivery agent may leave the vehicle, which shall be securely locked, only for:

Delivering or transferring cannabis to a qualifying patient, parent, legal guardian, registered agent, or medical cannabis facility;
Meals, when the transport lasts more than three hours round trip;
Rest periods required by law;
Refueling; or
Exigent circumstances, including collisions, traffic stops, mechanical breakdowns, weather emergencies, or medical emergencies.

B. A transporting employee or delivery agent shall carry transportation credentials at all times during the transportation of cannabis and display such credentials to the appropriate persons at the originating facility prior to each instance of transportation of cannabis, and to any law-enforcement official or authorized authority representative upon request. For purposes of this section, "transportation credentials" shall mean the transporting employee or delivery agent's valid driver's license, a copy of the medical cannabis facility's permit, and all transport or delivery manifests for cannabis contained in the transport vehicle.

C. A transporting facility shall inspect and test all security systems, secure communications, and global positioning system (GPS) monitoring devices of each transport vehicle at least once per day of use, prior to the transport vehicle's first departure. The individual conducting the inspection on behalf of the transporting facility shall create a signed record of the inspection that includes (i) the name of the individual; (ii) the vehicle identification number of the transport vehicle; (iii) the date of inspection; and (iv) the status of all inspected systems, equipment, and devices. The transporting facility shall maintain all inspection records.

D. A transport vehicle shall not transport cannabis unless every security system, form of secure communication, and GPS monitoring device is in good working order and functioning properly.

E. If any security system, form of secure communication, or GPS monitoring device fails during the transportation of cannabis, the transporting employee or delivery agent shall immediately notify the transporting facility and all impacted originating facilities of the specific failure and return directly to the transporting facility or originating facility. Such transport vehicle shall not resume transportation of cannabis until all systems resume full functioning capacity.

F. The transporting facility shall create a confidential delivery schedule within 24 hours of the transport and only provide the transporting employee or delivery agent with a copy of such confidential delivery schedule immediately prior to departure.

G. A transporting employee or delivery agent shall communicate with the transporting facility upon arriving at and departing from each scheduled delivery location.

H. A transporting employee or delivery agent shall strictly adhere to the delivery schedule provided by the transporting facility and not make any unscheduled stops. In the case of an emergency unscheduled stop, the transport vehicle shall remain securely locked, and the transporting employee or delivery agent shall verbally communicate with the transporting facility, describing the reason for the emergency unscheduled stop, the location and the duration of the emergency unscheduled stop, the activities of the transporting employee or delivery agent, and the identities and activities of any persons interacting with the transport vehicle or the transporting employee or delivery agent. The transporting facility shall maintain a record of any communications related to an unscheduled stop.

I. For a period of not less than 90 days, a transporting facility shall maintain a record of the GPS information of each of its transport vehicles for the entire duration of any transportation of cannabis and make such information available to the authority upon request. A transporting facility may contract with the GPS provider or similar service provider to conduct GPS monitoring, provided that any such third-party GPS monitor shall comply with all applicable state and federal laws regarding patient confidentiality.

J. A transporting employee or delivery agent shall return any undeliverable cannabis to the respective originating facility directly after the last scheduled delivery.

K. No cannabis shall be stored in a transport vehicle after the facility's hours of operation, and in no event longer than 24 hours, unless the vehicle is contained within an enclosed, secure part of the facility.

L. A transporting facility shall report to the authority and local law enforcement any transport vehicle accidents, transport vehicle theft, cannabis diversion, loss, or adulteration and any other event deemed by the authority to be a reportable event in connection with the transportation of cannabis within 24 hours of such event being discovered.

History

Statutory Authority: §§ 4.1-601, 4.1-604, 4.1-606, and 4.1-1602 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 42, Issue 15, eff. March 9, 2026.

3VAC10-40-270 (Repealed.)

History

Historical Notes: Derived from Virginia Register Volume 41, Issue 14, eff. February 10, 2025; repealed, Virginia Register Volume 42, Issue 9, eff. January 14, 2026.

3VAC10-40-275 Delivery to qualifying patients, parents, legal guardians, and registered agents

A. Medical cannabis facilities offering delivery shall require each qualifying patient, parent, legal guardian, or registered agent that purchases cannabis for delivery to provide the medical cannabis facility with the full legal name, date of birth, address, email address, and telephone number of the qualifying patient, and, if applicable , the legal name, date of birth, and address of the parent, legal guardian, or registered agent.

B. For each delivery of cannabis to a qualifying patient, parent, legal guardian, or registered agent, a transporting employee or delivery agent shall confirm from a valid driver's license or other valid, government-issued photographic identification that the identity of the individual accepting the cannabis delivery is the same as the individual who ordered the cannabis and confirm the qualifying patient's registration number.

C. If the identity, age, or registration of the individual accepting the cannabis delivery remains in question after presentation of the required documentation, the transporting employee or delivery agent shall (i) immediately alert the originating facility and (ii) return the cannabis to the originating facility directly after the last scheduled delivery.

D. Medical cannabis may only be delivered to a residence in Virginia. "Residence" means a dwelling, such as a house, apartment, nursing home, or retirement center. It does not include a dormitory, hotel, motel, bed and breakfast, or other commercial business.

E. Medical cannabis may only be delivered between the hours of 6 a.m. and midnight.

History

Statutory Authority: §§ 4.1-601, 4.1-604, 4.1-606, and 4.1-1602 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 42, Issue 15, eff. March 9, 2026.

3VAC10-40-280 (Repealed.)

History

Historical Notes: Derived from Virginia Register Volume 41, Issue 14, eff. February 10, 2025; repealed, Virginia Register Volume 42, Issue 9, eff. January 14, 2026.

3VAC10-40-285 Delivery and transportation incident notification

A. A pharmaceutical processor transporting or delivering medical cannabis must report any traffic stop, breakdown, collision, or unscheduled stop lasting more than two hours to the authority within 24 hours.

B. An originating facility's authorized employees shall make a good faith effort to contact the authority if exigent circumstances require removal of cannabis or cannabis products from the vehicle prior to arrival at the destination listed on the transport manifest. Authorized employees and delivery agents shall make a good faith effort to protect the shipment from diversion.

History

Statutory Authority: §§ 4.1-601, 4.1-604, 4.1-606, and 4.1-1602 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 42, Issue 15, eff. March 9, 2026.

Chapter 50 Cannabis Products

Part I General Provisions

3VAC10-50-10 Definitions

"90-day supply" means the amount of cannabis products reasonably necessary to ensure an uninterrupted availability of supply for a 90-day period for patients either included on a valid, unexpired written certification issued by a practitioner or established by a pharmacist during initial consultation.

"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.

"Dispensing error" means one or more of the following was discovered after the final verification by the pharmacist, regardless of whether the patient received the product:

Variation from the intended product to be dispensed, including:

a. Incorrect product;

b. Incorrect product strength;

c. Incorrect dosage form;

d. Incorrect patient; or

e. Inadequate or incorrect packaging, labeling, or directions.

Failure to exercise professional judgment in identifying and managing:

a. Known therapeutic duplication;

b. Known drug-disease contraindications;

c. Known drug-drug interactions;

d. Incorrect drug dosage or duration of drug treatment;

e. Known drug-allergy interactions;

f. A clinically significant, avoidable delay in therapy; or

g. Any other significant, actual, or potential problem with a patient's drug therapy.

Delivery of a cannabis product to the incorrect patient.
An act or omission relating to the dispensing of cannabis product that results in, or may reasonably be expected to result in, injury to or death of a patient or results in any detrimental change to the medical treatment for the patient.

"Medical cannabis facility" means a pharmaceutical processor, cannabis dispensing facility, or cannabis cultivation 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.

History

Statutory Authority: §§ 4.1-601, 4.1-604, and 4.1-606 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 40, Issue 11, eff. January 1, 2024; amended, Virginia Register Volume 41, Issue 14, eff. February 10, 2025.

3VAC10-50-20 Reserved

History

Statutory Authority: §§ 4.1-601, 4.1-604, and 4.1-606 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 40, Issue 11, eff. January 1, 2024.

3VAC10-50-30 Reserved

History

Statutory Authority: §§ 4.1-601, 4.1-604, and 4.1-606 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 40, Issue 11, eff. January 1, 2024.

3VAC10-50-40 Reserved

History

Statutory Authority: §§ 4.1-601, 4.1-604, and 4.1-606 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 40, Issue 11, eff. January 1, 2024.

Part II Cultivation, Production, and Dispensing of Cannabis Products

3VAC10-50-50 Cultivation and production of cannabis products

A. No cannabis products shall have had pesticide chemicals or petroleum-based solvents, except for hydrocarbon-based solvents described in this chapter, used during the cultivation, extraction, production, or manufacturing process, except that the board may authorize the use of pesticide chemicals for purposes of addressing an infestation that could result in a catastrophic loss of cannabis crops.

B. No cannabis product shall contain any of the following:

Any regulated drug or controlled substance other than cannabis.
Non-cannabinoid additives that are psychotropic or would increase the potency, toxicity, or addictive properties of cannabis, including alcohol, caffeine, and nicotine. This prohibition shall not apply to the combination of cannabis with sugar or a product in which caffeine is naturally occurring, such as chocolate.

C. Cultivation methods for cannabis plants, extraction methods used to produce the cannabis products, and the manufacturing of cannabis products shall be performed in a manner deemed safe and effective based on current standards or scientific literature.

The cultivation, extraction, production, and manufacturing of cannabis products may include the use of hydrocarbon-based solvents as described in 3VAC10-50-60.
The cultivation, extraction, production, and manufacturing of cannabis products may include any other generally accepted technology, provided that:

a. The pharmaceutical processor complies with any applicable requirements contained in 3VAC10-50-60 regarding flammable solvents as defined in that section;

b. The pharmaceutical processor complies with any licensing, permitting, and general safety laws or regulations of any state or federal agency that governs the technology and the use of such technology; and

c. The pharmaceutical processor maintains sole responsibility for any adverse outcomes or violations of state or federal laws or regulations caused by such use.

D. Any cannabis plant, seed, parts of plant, extract, or cannabis products not in compliance with this section shall be deemed adulterated.

E. A pharmaceutical processor may acquire industrial hemp extract, including isolates and distillates, for the purpose of formulating such extracts into allowable dosages of cannabis products, provided:

The pharmaceutical processor acquires the extracts from industrial hemp extract processed in Virginia and in compliance with state or federal law from a registered industrial hemp dealer or processor;
The extracts from industrial hemp acquired by a pharmaceutical processor are subject to the same third-party testing requirements applicable to cannabis plant extract as verified by testing performed by a laboratory located in Virginia and in compliance with state law; and
The industrial hemp dealer or processor provides such third-party testing results to the pharmaceutical processor before extracts from industrial hemp are acquired.

F. A pharmaceutical processor acquiring industrial hemp extract shall ensure receipt of a record of the transaction that shows the date of distribution, the names and addresses of the registered industrial hemp dealer or processor distributing the product and the pharmaceutical processor receiving the product, and the kind and quantity of product being distributed. The record of the transaction shall be maintained by the pharmaceutical processor with its records of receipt. Such records shall be maintained by each pharmaceutical processor for three years.

G. A pharmaceutical processor shall maintain policies and procedures for the proper storage and handling of industrial hemp extracts, including a process for executing or responding to mandatory and voluntary recalls in a manner that complies with 3VAC10-40-210.

H. No cannabis oil intended to be vaporized or inhaled shall contain vitamin E acetate.

History

Statutory Authority: §§ 4.1-601, 4.1-604, and 4.1-606 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 40, Issue 11, eff. January 1, 2024; amended, Virginia Register Volume 41, Issue 14, eff. February 10, 2025.

3VAC10-50-60 Use of hydrocarbon-based solvents or other flammable solvents

A. The following words and phrases used in this section have the following meaning:

"Closed-loop system" means machinery in which volatile hydrocarbon substances are self-contained without the loss or escape of those substances.
"Flammable solvent" means a liquid that has a flash point below 100 degrees Fahrenheit. Flammable solvents include hydrocarbon-based solvents.
"Hydrocarbon-based solvent" means a type of solvent composed of hydrogen and carbon compounds, such as N-butane, isobutene, propane, or any isomer or combination thereof.

B. Hydrocarbon-based solvents may be used in the cultivation, extraction, production, or manufacturing of cannabis products provided that:

A pharmaceutical processor complies with all requirements in this section.
A pharmaceutical processor using hydrocarbon-based solvents shall comply with all regulations regarding use of hydrocarbon-based solvents in general industrial use as promulgated by the Occupational Safety and Health Administration and published in 29 CFR 1910 or any subsequent regulation governing such use, including regulations governing:

a. Ventilation requirements;

b. Air contaminants; and

c. Hazard communication.

A pharmaceutical processor using hydrocarbon-based solvents shall comply with any requirements issued by the Virginia Department of Labor and Industry regarding use of hydrocarbon-based solvents.
A pharmaceutical processor using hydrocarbon-based solvents shall comply with any requirements issued by the Virginia Department of Environmental Quality regarding use of hydrocarbon-based solvents[].
A pharmaceutical processor using hydrocarbon-based solvents maintains sole responsibility for any adverse outcomes or violations of state or federal laws or regulations caused by such use.
A pharmaceutical processor using hydrocarbon-based solvents shall ensure that all equipment, counters, and surfaces used in the cultivation, extraction, production, or manufacturing of cannabis products are food-grade and do not react adversely with any hydrocarbon solvent used. All counters and surface areas shall be constructed in a manner that reduces the potential development of microbials, molds, and fungi and can be easily cleaned.
A pharmaceutical processor using hydrocarbon-based solvents shall ensure that any room in which hydrocarbon-based solvents will be used contains an emergency eye-wash station.
A pharmaceutical processor using hydrocarbon-based solvents shall ensure that a professional grade, closed-loop extraction system capable of recovering solvent is used in the cultivation, extraction, production, or manufacturing of cannabis products.

a. Closed-loop extraction systems must be commercially manufactured and bear a permanently affixed and visible serial number.

b. A pharmaceutical processor using a closed-loop extraction system must obtain certification from a licensed engineer that certifies that the system was commercially manufactured, is safe for its intended use, and is built to codes of recognized and generally accepted good engineering practices, such as the following: (i) the American Society of Mechanical Engineers (ASME); (ii) American National Standards Institute (ANSI); (iii) Underwriters Laboratories (UL); or (iv) the American Society for Testing and Materials (ASTM).

c. The certification must contain the signature and stamp of a professional engineer and include the serial number of the extraction unit certified.

A pharmaceutical processor using hydrocarbon-based solvents shall obtain a safety data sheet for each hydrocarbon-based solvent used and store such data sheet on the premises. All such records shall be subject to inspection by the board.
A pharmaceutical processor using hydrocarbon-based solvents shall develop standard operating procedures, good manufacturing practices, and a training plan prior to using such solvents. Standard operating procedures shall specifically address:

a. Safe and proper handling and use of hydrocarbon-based solvents;

b. Safe and proper operation of machinery and equipment;

c. Adequate cleaning and maintenance of machinery and equipment;

d. Incident reporting for any instances where the operator does not follow the stated standard operating procedures that identifies (i) the operator's name; (ii) the date and time of the incident; (iii) the supervising employees to whom the incident report will be sent; and (iv) an incident summary that includes whether any cannabis products or other substances escaped from the closed-loop system, the amount of escaped material, whether the material was destroyed, and how the incident was resolved; and

e. Safe and proper disposal of waste created during processes using hydrocarbon-based solvents.

A pharmaceutical processor using hydrocarbon-based solvents shall ensure that any person using such solvents in a closed-loop system:

a. Is fully trained on how to use the system;

b. Has direct access to applicable material safety data sheets; and

c. Handles and stores the solvents safely.

C. If a pharmaceutical processor intends to use a flammable solvent, then a designated industrial hygienist or professional engineer who is not an employee of the pharmaceutical processor must:

Establish a maximum amount of flammable solvents and other flammable materials that may be stored within the pharmaceutical processor facility in accordance with applicable laws and regulations;
Determine what type of electrical equipment must be installed within the room in which flammable solvents are to be stored in accordance with applicable laws and regulations;
Determine whether a gas monitoring system must be installed within the room in which flammable solvents are to be used or stored, and if required, the system's specifications in accordance with applicable laws and regulations;
Determine whether a fire suppression system must be installed within the room in which the flammable solvents are to be used or stored, and if required, the system's specifications in accordance with applicable laws and regulations; and
Determine whether a fume vent hood or exhaust system must be installed within the room in which a flammable solvent will be used, and if required, the system's specifications in accordance with applicable laws and regulations.

D. If a pharmaceutical processor makes a material change to its use of flammable solvents in any part of the manufacturing process, a designated industrial hygienist or professional engineer who is not an employee of the pharmaceutical processor must recertify the standard operating procedures for use of flammable solvents determined under subsection C of this section.

E. A pharmaceutical processor shall maintain copies of all reports generated by or received from the designated industrial hygienist or professional engineer for inspection by the board.

F. A pharmaceutical processor shall not store more flammable solvents on site than exceeds the maximum amount allowable as identified by the designated industrial hygienist or professional engineer.

G. A pharmaceutical processor shall ensure that all appropriate safety and sanitary equipment, including personal protective equipment, is provided to and appropriately used by each employee handling a flammable solvent.

H. The board shall approve chemicals for use as hydrocarbon or other flammable solvents in the cultivation, extraction, production, or manufacturing of cannabis products based on availability of testing for residual material of individual solvents. Approved chemicals include:

Ethanol;
Ethyl acetate;
Ethyl ether;
Heptane;
Hexane;
Pentane;
2-propanol (IPA);
Butane; and
Propane.

The board recognizes butane and propane as Class 3 solvents with a permissible daily exposure of 50 mg per day.

History

Statutory Authority: §§ 4.1-601, 4.1-604, and 4.1-606 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 40, Issue 11, eff. January 1, 2024; amended, Virginia Register Volume 41, Issue 14, eff. February 10, 2025.

3VAC10-50-70 Registration of products

A. A pharmaceutical processor shall assign a product name to each product of cannabis. The pharmaceutical processor shall register each cannabis product name with the board in a manner prescribed by the board prior to any dispensing and shall associate each registered cannabis product name with a specific laboratory test that includes the total cannabidiol (CBD) and total tetrahydrocannabinol (THC), a terpenes profile, and a list of all active ingredients, including:

Tetrahydrocannabinol (THC);
Tetrahydrocannabinol acid (THC-A);
Cannabidiols (CBD); and
Cannabidiolic acid (CBDA).

B. A pharmaceutical processor shall not label two products with the same registered cannabis product name unless the laboratory test results for each product indicate that the level of each listed active ingredient varies by no more than 15%. However, in cases where (i) the total tetrahydrocannabinol (THC) concentration is less than five milligrams per dose, the concentration of THC shall be within 0.5 milligrams per dose and (ii) the total cannabidiol (CBD) concentration is less than five milligrams per dose, the concentration of total CBD shall be within 0.5 milligrams per dose.

C. The board shall not register any cannabis product name that:

Is identical to or confusingly similar to the name of an existing commercially available product;
Is identical to or confusingly similar to the name of an unlawful product or substance;
Is confusingly similar to the registered cannabis product name of a previously approved cannabis product;
Is obscene or indecent;
May encourage the use of marijuana or cannabis products for recreational purposes;
May encourage the use of cannabis products for a disease or condition other than the disease or condition the practitioner intended to treat;
Is customarily associated with persons younger than 18 years of age; or
Is related to the benefits, safety, or efficacy of the cannabis product unless supported by substantial evidence or substantial clinical data.

History

Statutory Authority: §§ 4.1-601, 4.1-604, and 4.1-606 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 40, Issue 11, eff. January 1, 2024; amended, Virginia Register Volume 41, Issue 14, eff. February 10, 2025.

3VAC10-50-80 Dispensing of cannabis products

A. A pharmacist in good faith may dispense cannabis products to any patient, parent, legal guardian, or registered agent as indicated on the written certification.

Prior to the initial dispensing of cannabis products pursuant to each written certification, the pharmacist or pharmacy technician at the location of the pharmaceutical processor or cannabis dispensing facility shall:

a. Offer patients, parents, legal guardians, and registered agents the opportunity to consult with a pharmacist regarding the use of cannabis products, including information related to safe techniques for proper use and storage of cannabis products and for disposal of the products in a manner that renders them nonrecoverable;

b. View in person or by audiovisual means a current photo identification of the patient, parent, legal guardian, or registered agent; and

c. Verify in the Virginia Prescription Monitoring Program of the Department of Health Professions or other program recognized by the board that the written certification is valid and the date and quantity of the last dispensing of cannabis products to the patient.

A pharmacist or pharmacy technician employed by the pharmaceutical processor or cannabis dispensing facility shall make a paper or electronic copy of the current written certification that provides an exact image of the document that is clearly legible and shall maintain it on site or by electronic means for two years. The pharmaceutical processor and cannabis dispensing facility shall also provide an electronic copy of the written certification to the board.
Prior to any subsequent dispensing, the pharmacist or pharmacy technician shall verify that the written certification on file has not expired. An employee or delivery agent shall view a current photo identification and current registration of the patient, parent, legal guardian, or registered agent and shall maintain record of such viewing in accordance with policies and procedures of the pharmaceutical processor or cannabis dispensing facility.

B. A pharmacist may dispense a portion of a patient's 90-day supply of cannabis product. The pharmacist may dispense the remaining portion of the 90-day supply of cannabis products at any time except that no patient, parent, legal guardian, or registered agent shall receive more than a 90-day supply of cannabis products for a patient in a 90-day period from any pharmaceutical processor or cannabis dispensing facility. A pharmaceutical processor or cannabis dispensing facility may dispense more than one cannabis product to a patient at one time. However, no more than four ounces of botanical cannabis shall be dispensed for each 30-day period for which botanical cannabis is dispensed. In determining the appropriate amount of cannabis product to be dispensed to a patient, a pharmacist shall consider all cannabis products dispensed and adjust the amount dispensed accordingly.

C. A dispensing record shall be maintained for three years from the date of dispensing, and the pharmacist or pharmacy technician under the direct supervision of the pharmacist shall affix a label that conforms to the requirements of 3VAC10-70-45 to the container of cannabis product.

D. A pharmacist shall be responsible for verifying the accuracy of the dispensed product in all respects prior to dispensing and shall document that each verification has been performed.

E. A pharmacist shall document a patient's self-assessment of the effects of cannabis products in treating the patient's diagnosed condition or disease or the symptoms thereof.

F. If the authorization for botanical cannabis for a minor is communicated verbally or in writing to the pharmacist at the time of dispensing, the pharmacist shall also document such authorization. A pharmaceutical processor or cannabis dispensing facility shall maintain such documentation in writing or electronically for three years from the date of dispensing and such documentation shall be made available in accordance with regulation.

G. A pharmacist shall exercise professional judgment to determine whether to dispense cannabis products to a patient, parent, legal guardian, or registered agent if the pharmacist suspects that dispensing cannabis products to the patient, parent, legal guardian, or registered agent may have negative health or safety consequences for the patient or the public.

History

Statutory Authority: §§ 4.1-601, 4.1-604, 4.1-606, 4.1-1602 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 40, Issue 11, eff. January 1, 2024; amended, Virginia Register Volume 41, Issue 14, eff. February 10, 2025; Volume 42, Issue 9, eff. January 14, 2026; Volume 42, Issue 15, eff. March 9, 2026.

3VAC10-50-90 Dispensing error review and reporting; quality assurance program

A. A pharmaceutical processor or cannabis dispensing facility shall implement and comply with a quality assurance program that describes, in writing, policies and procedures to detect, identify, and prevent dispensing errors.

B. A pharmaceutical processor or cannabis dispensing facility shall distribute the written policies and procedures to all employees and shall make the written policies and procedures readily available on the premises of the pharmaceutical processor or cannabis dispensing facility.

C. The policies and procedures shall include:

Directions for communicating the details of a dispensing error to the practitioner who certified a qualifying patient and to the qualifying patient, the patient's parent or legal guardian, the patient's registered agent, or appropriate family member if the patient is deceased or is unable to fully comprehend the communication. The communication shall describe methods of correcting the dispensing error or reducing the negative impact of the error on the qualifying patient; and
A process to document and assess dispensing errors to determine the cause of the error and an appropriate response.

D. A pharmaceutical processor or cannabis dispensing facility shall use the findings of its quality assurance program to develop systems and workflow processes designed to prevent dispensing errors. A pharmaceutical processor or cannabis dispensing facility PIC shall:

Inform pharmaceutical processor or cannabis dispensing facility employees of changes to policy, procedure, systems, or processes made as a result of recommendations generated by the quality assurance program;
Notify all processor or facility employees that the discovery or reporting of a dispensing error shall be relayed immediately to a pharmacist on duty;
Ensure that a pharmacist performs a quality assurance review for each dispensing error. A pharmacist shall commence such review as soon as is reasonably possible, but no later than two business days from the date the dispensing error is discovered; and
Create a record of every quality assurance review. This record shall contain at least the following:

a. The date of the quality assurance review and the names and titles of the persons performing the review;

b. The pertinent data and other information relating to the dispensing error reviewed;

c. Documentation of contact with the patient, parent, legal guardian, or registered agent, where applicable, and the practitioner who certified the patient;

d. The findings and determinations generated by the quality assurance review; and

e. Recommended changes to pharmaceutical processor or cannabis dispensing facility policy, procedure, systems, or processes if any.

E. A pharmaceutical processor or cannabis dispensing facility shall maintain for three years a copy of the pharmaceutical processor's or cannabis dispensing facility's quality assurance program and records of all reported dispensing errors and quality assurance reviews in an orderly manner and filed by date.

History

Statutory Authority: §§ 4.1-601, 4.1-604, and 4.1-606 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 40, Issue 11, eff. January 1, 2024.

3VAC10-50-100 Product samples

The pharmaceutical processor or cannabis dispensing facility may use and distribute inert product samples that do not contain any active cannabinoids for patient demonstration exclusively at the pharmaceutical processor or cannabis dispensing facility without the need for a written certification. Such inert product samples may not be sold or further distributed.

History

Statutory Authority: §§ 4.1-601, 4.1-604, and 4.1-606 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 40, Issue 11, eff. January 1, 2024.

3VAC10-50-110 Disposal of cannabis products

A. To mitigate the risk of diversion, a pharmaceutical processor shall routinely and promptly dispose of undesired, excess, unauthorized, obsolete, adulterated, misbranded, or deteriorated green waste, extracts, and cannabis products, as applicable. Green waste includes cannabis plants, seeds, and parts of plants. Green waste shall be weighed, ground, and combined with a minimum of 51% non-cannabis waste to render the mixture inactive and unrecognizable. Once rendered unrecognizable, green waste shall be considered agricultural waste and may be disposed of accordingly.

B. The destruction and disposal of green waste, extracts, and cannabis products, as applicable, shall be conducted under video surveillance. The persons destroying and disposing of the green waste, extracts, or cannabis products shall maintain and make available a separate record of each occurrence of destruction and disposal indicating:

The date and time of destruction and disposal;
The manner of destruction and disposal;
The name and quantity of cannabis product and green waste destroyed and disposed of; and
The signatures of the persons destroying and disposing of the green waste, extracts, or cannabis products.

C. Disposal of green waste may be by incineration, inert composting, or any other means of disposal or destruction.

D. A pharmaceutical processor may sell or otherwise distribute inert composted green waste.

E. The record of destruction and disposal shall be maintained at the pharmaceutical processor or cannabis dispensing facility for three years from the date of destruction and disposal.

History

Statutory Authority: §§ 4.1-601, 4.1-604, and 4.1-606 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 40, Issue 11, eff. January 1, 2024; amended, Virginia Register Volume 41, Issue 14, eff. February 10, 2025.

3VAC10-50-120 Disposal of chemical, dangerous, and hazardous waste

Disposal of chemical, dangerous, and hazardous waste must be conducted in a manner consistent with federal, state, and local statutes and regulations. This includes any waste product soaked in a flammable solvent.

Any waste that may be hazardous must be treated as hazardous waste in regard to storage, labeling, and disposal.
The pharmaceutical processor can, alternatively, test waste that may be hazardous for elemental impurities content.

a. When tested for elemental impurities content, materials that meet the definition of hazardous waste, as defined by the Resource Conservation and Recovery Act (RCRA) or other applicable federal, state, or local statutes and regulations, must be treated as hazardous waste. Such materials must be properly labeled, contained, stored, and disposed of in accordance with the Environmental Protection Agency, RCRA, and other applicable regulations for hazardous waste.

b. Materials that contain elemental impurities concentrations less than the allowable concentration limits specified in RCRA and are not designated hazardous waste by other applicable federal, state, or local statutes and regulations, may be disposed of in accordance with 3VAC10-50-110.

History

Statutory Authority: §§ 4.1-601, 4.1-604, and 4.1-606 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 40, Issue 11, eff. January 1, 2024.