Cannabis & Hemp License Info

Information will be updated here as it becomes available.

Check back soon for updates!

Please note; while we aim to keep this page fully up-to-date with the latest information, hemp and cannabis laws are always changing.  We encourage you to verify these rules and regulations in the official legal text, which we’ve linked throughout the page for your convenience.

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Virginia Industrial Hemp Program Regulations

Cultivators Processor/Manufacturer Dealers

Cultivators (also commonly referred to as Producers or Growers) – Cultivators are responsible for growing cannabis or hemp. Mature plants are harvested and transferred to a Manufacturer’s facility for processing.

Virginia Cultivation Licenses

Application Fee: $50.00

“Grower” means any person registered pursuant to subsection A of Va. Code § 3.2-4115 to plant, cultivate, or harvest industrial hemp.

An individual applying for a grower registration must own the land that he plans to use as a production field or must have authority to consent to entry on the land that he plans to use as a production field.

Individuals wishing to participate as a grower in the Virginia industrial hemp program should complete the application labeled “Industrial Hemp Grower Registration Application (OPPR200).” Individuals wishing to renew their existing Industrial Hemp Grower Registration should complete the application labeled “Industrial Hemp Grower Registration Application (OPPR200)” and provide their registration number and expiration date.

Mail the completed form and a $50 application fee for each application form you submit (check made payable to the Treasurer of Virginia) to:

VDACS
P.O. Box 526
Richmond, VA 23218

Industrial Hemp Grower Application

What kind of tracking system do I need to operate a Cultivation Facility?

Most states require an extensive seed-to-sale cannabis tracking system to monitor cultivation efforts and inventory.  Our cultivation seed-to-sale-tracking solution provides comprehensive data tracking with an emphasis on compliance.  Customized to meet the unique regulatory frameworks in each state, BioTrack also features an all-in-one business tool to help you operate every aspect of the cultivation business by itself, or as part of the vertically-integrated cannabis business.

Product manufactures, or processors take harvested hemp/cannabis from Cultivators and create derivative extracts for edibles, concentrates, topicals, and pre-packs. Finished products are transported to retail stores.

Virginia Processor Licenses

Application Fee: $50.00

“Processor” means any person registered pursuant to subsection A of Va. Code § 3.2-4115 to convert industrial hemp into a hemp product. “Hemp product” means any finished product that contains industrial hemp, including rope, building materials, automobile parts, animal bedding, animal feed, cosmetics, oil containing and industrial hemp extract, or food or food additives for human consumption.

Individuals wishing to participate as a processor in the Virginia industrial hemp program should complete the application labeled “Industrial Hemp Processor Registration Application (OPPR300).”

Individuals wishing to renew their existing Industrial Hemp Processor Registration should complete the application labeled “Industrial Hemp Processor Registration Application (OPPR300)” and indicate their registration number and expiration date.

Mail the completed form and a $50 application fee for each application form you submit (check made payable to the Treasurer of Virginia) to:

VDACS
P.O. Box 526
Richmond, VA 23218

Virginia Industrial Hemp Processing Application

What kind of tracking system do I need to operate a Processing Facility?

Most states require an extensive seed-to-sale cannabis tracking system to monitor processing and manufacturing efforts, which is especially important in this part of the supply chain due to conversions into multiple byproducts and higher amounts of waste. Our processing seed-to-sale-tracking solution provides comprehensive conversion tracking focused on compliant data points. Customized to meet the unique regulatory frameworks in each state, BioTrack also features an all-in-one business tool to help you operate every aspect of the cultivation business by itself, or as part of the vertically-integrated cannabis business.

Dealers facilitate the movement of hemp and cannabis from cultivators to processors and from processors to retail locations by means of either facilitation or purchasing and selling hemp.

Virginia Industrial Hemp Dealer Licenses

Application Fee: $50.00

“Dealer” means any person registered pursuant to subsection A of Va. Code § 3.2-4115 to deal in industrial hemp. “Deal” means to buy industrial hemp grown in compliance with state or federal law and to sell such industrial hemp to a person who (i) processes industrial hemp in compliance with state or federal law or (ii) sells industrial hemp to a person who processes industrial hemp in compliance with state or federal law.

The Industrial Hemp Dealer Registration is not intended for retail locations wishing to sell hemp products to their customers.

Individuals wishing to participate as a dealer in the Virginia industrial hemp program should complete the application labeled “Industrial Hemp Dealer Registration Application (OPPR400).” Individuals wishing to renew their existing Industrial Hemp Dealer Registration should complete the application labeled “Industrial Hemp Dealer Registration Application (OPPR-400)” and provide their registration number and expiration date.

Mail the completed form and a $50 application fee for each application form you submit (check made payable to the Treasurer of Virginia) to:

VDACS
P.O. Box 526
Richmond, VA 23218

What kind of point-of-sale do I need to operate a Dealer Organization?

Most states require dispensaries to track and trace all of their cannabis-related products for regulatory and compliance reporting requirements. Our Dispensary Point of Sale and inventory management system provides comprehensive seed-to-sale cannabis tracking with a focus on compliant data points. If your state requires seed-to-sale systems to stay compliant, BioTrack has you covered. Our system is customized to meet the unique regulatory frameworks in each and every state.

Changing or adding a production field, dealership, or process site

To change or add a production field, dealership, or process site to your registration, complete the “Industrial Hemp Registration Change Form.” There is no fee for this change. You may not grow, deal, or process hemp at a new location until you have received a revised registration.

Email the completed form to Jasmine.Harwell@vdacs.virginia.gov or mail the completed form to:

Jasmine Harwell VDACS/OPPR
P.O. Box 1163
Richmond, VA 23218

Agent

The Virginia Industrial Hemp Law provides that it is lawful for a grower or his agent to grow, a dealer or his agent to deal, or a processor or his agent to process industrial hemp in the Commonwealth for any lawful purpose and that no grower or his agent, dealer or his agent, or processor or his agent shall be prosecuted under Va. Code § 18.2-247, 18.2-248, 18.2-248.01, 18.2-248.1, 18.2-250, or 18.2-250.1 for the possession, growing, dealing, or processing of industrial hemp.

The Virginia Industrial Hemp Law does not define “agent.” You may wish to seek legal advice regarding defining who is your agent.

Although not required, you may wish to provide the “Agent Documentation” form to each person whom you intend to act as your agent for the limited purpose of growing, dealing, or processing industrial hemp pursuant to the Virginia Industrial Hemp Law. You do not need to submit this documentation to VDACS, nor do you need to advise VDACS of any changes to the individuals you deem to be your agents.

Obtaining planting seed or clones

VDACS will not provide you with hemp planting seed or clones.

If you are purchasing hemp planting seed or clones from within Virginia, you must purchase from a Registered Grower or Processor.

If you elect to obtain hemp planting seed or clones from another state or country, doing so does not jeopardize your Industrial Hemp Grower Registration issued by VDACS. You may wish to ask your seed or clone supplier for documentation of the THC test results for any hemp variety you are planning to purchase.

Planting report

If you are a Registered Industrial Hemp Grower, you must submit a planting report to VDACS within 14 calendar days of planting seeds, clones, or cuttings. If you plant multiple times throughout the growing season, you will need to submit multiple planting reports. Please use the planting report template provided by VDACS on its website labeled “Industrial Hemp Planting and Propagation Report.”

If you do not plant industrial hemp on a production field stated on your registration, you must complete Section 2-A of the “Industrial Hemp Planting and Propagation Report” and submit the report to VDACS by July 31, 2019.

THC testing

Section 3.2-4114.2 of the Industrial Hemp Law authorizes VDACS to conduct random THC testing; however, VDACS does not require pre-harvest testing. If VDACS selects your industrial hemp to sample and test, you will not be required to pay a laboratory testing fee. If VDACS selects your industrial hemp to sample and test, a VDACS inspector will contact you to schedule an inspection. Once a VDACS inspector contacts you to schedule an inspection, please do not harvest your industrial hemp until the inspector has completed the sampling.

If the Cannabis sativa sample collected from your production field, dealership, or process site has a THC concentration of more than 0.3 percent on a dry weight basis, the Commissioner will, pursuant to Va. Code § 3.2-4114.2, require you to destroy the Cannabis sativa at your cost in a manner approved of and verified by the Commissioner. Additionally, the Commissioner may, pursuant to Va. Code § 3.2-4114.2, advise the Superintendent of State Police or the chief lawenforcement officer of the appropriate county or city when a grower grows, a dealer deals, or a processor processes any Cannabis sativa with a THC concentration of more than 0.3 percent.

Commercial Sale

Your hemp product and sale thereof must comply with any relevant federal or state law (i.e. food laws, animal feed laws).

The following industrial hemp plant parts or hemp products can be sold to anyone in Virginia (the purchaser is not required to have a Virginia Industrial Hemp Grower, Dealer, or Processor Registration):

  • Mature stalks
  • Fiber produced from mature stalks
  • Seed oil or seed cake
  • Any compound, manufacture, salt, derivative, mixture, or preparation of the mature stalk, fiber, oil, or cake
  • Sterilized seed that is incapable of germination
  • Hemp-derived extract, including hemp-derived CBD oil

The following industrial hemp plant parts can be sold in Virginia only to an individual who has a Virginia Industrial Hemp Grower, Dealer, or Processor Registration:

  • Planting seeds or clones
  • Flowers or buds
  • Leaf material/micro greens

Nationwide, law enforcement has had varying responses to the transfer of hemp planting seeds or clones, flowers or buds, or leaf material or micro greens across state lines. If you would like to transfer or sell any of these materials to someone in another state, VDACS encourages you to seek legal advice. However, doing so does not jeopardize your Industrial Hemp Grower, Dealer, or Processor Registration issued by VDACS.

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Virginia Industrial Hemp Seed-to-Sale Traceability Info

The Virginia Industrial Hemp Program is operated by the Virginia Department of Agriculture and Consumer Services (VDACS).

All of this information, as well as the full written rules and regulations released by the Virginia Department of Agriculture and Consumer Services, can be found here.

Virginia Medical Cannabis Program Updates

April 13, 2020 – Gov. Ralph Northam approved a number of bills including Senate Bill 2 and House Bill 972 that will decriminalize marijuana possession offenses. He also suggested technical amendments which must be approved by the legislature before taking effect on July 1, 2020. Gov. Northam also approved Senate Bill 1015 to protect patients against prosecution for participating in the state’s medical cannabis program and Senate Bill 976 to expand and improve the state’s medical program, adding a new license for cannabis dispensing facilities.

July 1, 2019 – Three medical marijuana bills signed in March 2018 by Virginia Governor Ralph Northam went into effect. Each bill expands Virginia’s medical marijuana program. One bill allows school healthcare providers to administer medical marijuana oil to registered patients while at school.

Another bill, known as the “Let Doctors Decide” bill, will allow Virginia doctors to recommend medical marijuana oil for any diagnosed condition or disease. The last bill allows “registered agents” to receive medical marijuana oil on behalf of a patient, often referred to as a “caregiver” in other states.

March 9, 2018 – Virginia Governor signed House Bill 1251 into law to expand the state’s current medical marijuana program and allow the use of cannabidiol (CBD) or THC-A oil for the treatment of any diagnosed condition or disease determined by a practitioner, instead of limiting the qualifying conditions to only intractable epilepsy. The law went into effect on July 1, 2019. Patients may enroll in the program with the state Board of Pharmacy with their physician’s authorization.

March 16, 2017 – Virginia Gov. Terry McAuliffe passed a law that allowed patients suffering from intractable epilepsy access to cannabidiol (CBD) or THC-A oil. These oils have been shown to reduce the frequency and severity of seizures.

Dispensary Processor

Virginia Medical Cannabis Dispensing

A. A pharmaceutical processor shall dispense or deliver cannabidiol oil or THC-A oil only in person to (i) a patient who is a Virginia resident, has been issued a valid written certification, and is registered with the Board pursuant to § 54.1-3408.3, (ii) such patient’s registered agent, or (iii) if such patient is a minor or an incapacitated adult as defined in § 18.2-369, such patient’s parent or legal guardian who is a Virginia resident and is registered with the Board pursuant to § 54.1-3408.3. Prior to the initial dispensing of each written certification, the pharmacist or pharmacy technician at the location of the pharmaceutical processor shall make and maintain for two years a paper or electronic copy of the written certification that provides an exact image of the document that is clearly legible; shall view a current photo identification of the patient, registered agent, parent, or legal guardian; and shall verify current board registration of the practitioner and the corresponding patient, registered agent, parent, or legal guardian. Prior to any subsequent dispensing of each written certification, the pharmacist, pharmacy technician, or delivery agent shall view the current written certification; a current photo identification of the patient, registered agent, parent, or legal guardian; and the current board registration issued to the patient, registered agent, parent, or legal guardian. No pharmaceutical processor shall dispense more than a 90-day supply for any patient during any 90-day period. The Board shall establish in regulation an amount of cannabidiol oil or THC-A oil that constitutes a 90-day supply to treat or alleviate the symptoms of a patient’s diagnosed condition or disease.

B. A pharmaceutical processor shall dispense only cannabidiol oil and THC-A oil that has been cultivated and produced on the premises of a pharmaceutical processor permitted by the Board. A pharmaceutical processor may begin cultivation upon being issued a permit by the Board.

C. The Board shall report annually by December 1 to the Chairmen of the House and Senate Committees for Courts of Justice on the operation of pharmaceutical processors issued a permit by the Board, including the number of practitioners, patients, registered agents, and parents or legal guardians of patients who have registered with the Board and the number of written certifications issued pursuant to § 54.1-3408.3.

D. The concentration of tetrahydrocannabinol in any THC-A oil on site may be up to 10 percent greater than or less than the level of tetrahydrocannabinol measured for labeling. A pharmaceutical processor shall ensure that such concentration in any THC-A onsite is within such range and shall establish a stability testing schedule of THC-A oil.

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Permit to operate pharmaceutical processor.

A. No person shall operate a pharmaceutical processor without first obtaining a permit from the Board. The application for such permit shall be made on a form provided by the Board and signed by a pharmacist who will be in full and actual charge of the pharmaceutical processor. The Board shall establish an application fee and other general requirements for such application.

B. Each permit shall expire annually on a date determined by the Board in regulation. The number of permits that the Board may issue or renew in any year is limited to one for each health service area established by the Board of Health. Permits shall be displayed in a conspicuous place on the premises of the pharmaceutical processor.

C. The Board shall adopt regulations establishing health, safety, and security requirements for pharmaceutical processors. Such regulations shall include requirements for (i) physical standards; (ii) location restrictions; (iii) security systems and controls; (iv) minimum equipment and resources; (v) recordkeeping; (vi) labeling and packaging; (vii) quarterly inspections; (viii) processes for safely and securely cultivating Cannabis plants intended for producing cannabidiol oil and THC-A oil, producing cannabidiol oil and THC-A oil, and dispensing and delivering in person cannabidiol oil and THC-A oil to a registered patient, his registered agent, or, if such patient is a minor or an incapacitated adult as defined in § 18.2-369, such patient’s parent or legal guardian; (ix) a maximum number of marijuana plants a pharmaceutical processor may possess at any one time; (x) the secure disposal of plant remains; (xi) a process for registering a cannabidiol oil and THC-A oil product; (xii) dosage limitations, which shall provide that each dispensed dose of cannabidiol oil or THC-A not exceed 10 milligrams of tetrahydrocannabinol; and (xiii) a process for the wholesale distribution of and the transfer of cannabidiol oil and THC-A oil products between pharmaceutical processors.

D. Every pharmaceutical processor shall be under the personal supervision of a licensed pharmacist on the premises of the pharmaceutical processor.

E. The Board shall require an applicant for a pharmaceutical processor permit to submit to fingerprinting and provide personal descriptive information to be forwarded along with his fingerprints through the Central Criminal Records Exchange to the Federal Bureau of Investigation for the purpose of obtaining criminal history record information regarding the applicant. The cost of fingerprinting and the criminal history record search shall be paid by the applicant. The Central Criminal Records Exchange shall forward the results of the criminal history background check to the Board or its designee, which shall be a governmental entity.

F. In addition to other employees authorized by the Board, a pharmaceutical processor may employ individuals who may have less than two years of experience (i) to perform cultivation-related duties under the supervision of an individual who has received a degree in horticulture or a certification recognized by the Board or who has at least two years of experience cultivating plants and (ii) to perform extraction-related duties under the supervision of an individual who has a degree in chemistry or pharmacology or at least two years of experience extracting chemicals from plants.

G. No person who has been convicted of (i) a felony under the laws of the Commonwealth or another jurisdiction or (ii) within the last five years, any offense in violation of Article 1 (§ 18.2-247 et seq.) or Article 1.1 (§ 18.2-265.1 et seq.) of Chapter 7 of Title 18.2 or a substantially similar offense under the laws of another jurisdiction shall be employed by or act as an agent of a pharmaceutical processor.

H. Every pharmaceutical processor shall adopt policies for pre-employment drug screening and regular, ongoing, random drug screening of employees.

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