Virginia is far behind the medical marijuana states that have made marijuana possession and use lawful for numerous medical ailments. Virginia law limits legal marijuana medicinal use (only in the form of cannabidiol oil (“CBD oil”) and THC-A oil) to epilepsy, and pursuant to a physician’s valid prescription (physicians are not going to prescribe — rather than recommend — marijuana, lest they lose their DEA license to prescribe medicine).

This legislative session, Virginia passed statutory updates — signed into law by Governor Terry McAuliffe in mid-March 2017 — that take the following baby steps forward in crystallizing its already-existing law allowing CBD and THC-A oils for epilepsy:

• Possession of CBD and THC-A oils is an affirmative defense not only for those holding a physician’s written certification for such possession and use, — as well as the parent and legal guardians of such minors — but also the parents and legal guardians of such incapacitated adults.
• The bill defines those permitted to issue such CBD and THC-A certificates (for epilepsy) to include neurologists and physicians specializing in the treatment of epilepsy.
• The bill directs the Board of Medicine to set regulations on medical professionals issuing certifications for use of CBD and THC-A oils.
• The bill sets limits on the people and organizations who may legally process and dispense CBD and THC-A oils. In reality, what company is going to find it financially feasible to operate in Virginia only for processing and dispensing CBD and THC-A oils solely for epilepsy?

Virginia is lagging far behind the states that allow whole-leaf marijuana and its extracts for use in smoked, vaporized, eaten and tincture form to be used medicinally for such ailments as cancer, HIV/AIDS, glaucoma, and orthopedic disabilities. Nevertheless, on the road to establishing a full medical marijuana regime in the Commonwealth, it is better that Virginia have this CBD and THC-A oil law than none at all.