Virginia Legalization 2021 – House Bill 1815

HB 1815 was prefiled today to the Virginia General Assembly.

https://lis.virginia.gov/cgi-bin/legp604.exe?211+ful+HB1815

A few random highlights:

ง 3.2-4143. Retail marijuana store license.

A. The Board may issue retail marijuana store licenses, which shall authorize the licensee to purchase retail marijuana, including immature marijuana plants and seedlings, from a marijuana cultivation facility; to purchase retail marijuana and retail marijuana products from a marijuana manufacturing facility; and to sell retail marijuana and retail marijuana products, including immature marijuana plants, flowering marijuana plants, and seedlings, to consumers on the premises approved by the Board.

B. Retail marijuana stores shall be operated in accordance with the following provisions:

A person shall be 21 years of age or older to make a purchase in a retail marijuana store.

A retail marijuana store shall be permitted to sell retail marijuana and retail marijuana products, including immature marijuana plants, flowering marijuana plants, and seedlings, to consumers only in a direct, face-to-face exchange.

Such store shall not be permitted to sell marijuana, marijuana products, immature marijuana plants, flowering marijuana plants, and seedlings using:

a. An automated dispensing or vending machine;

b. A drive-through sales window;

c. An Internet-based sales platform; or

d. A delivery service.

No retail marijuana store shall be permitted to sell more than any of the following during a single transaction to one person:

a. One ounce of retail marijuana;

b. Sixteen ounces of solid marijuana product;

c. Seventy-two ounces of liquid marijuana product;

d. Twelve immature marijuana plants; ore. Six flowering marijuana plants.

ง 3.2-4150. Labeling and packaging requirements; prohibitions.

A. Retail marijuana and retail marijuana products to be sold or offered for sale by a licensee to a consumer in accordance with the provisions of this chapter shall be labeled with the following information:

Identification of the type of marijuana or marijuana product and the date of cultivation, manufacturing, and packaging;

The license numbers of the marijuana cultivation facility, the marijuana manufacturing facility, and the retail marijuana store where the retail marijuana or retail marijuana product was cultivated, manufactured, and offered for sale, as applicable;

A statement of the net weight of the retail marijuana or retail marijuana product;

Information concerning (i) pharmacologically active ingredients, including tetrahydrocannabinol (THC), cannabidiol (CBD), and other cannabinoid content; (ii) the THC and other cannabinoid amount in milligrams per serving, the total servings per package, and the THC and other cannabinoid amount in milligrams for the total package; and (iii) information about the potency of the THC and other cannabinoid content;

Information on gases, solvents, and chemicals used in marijuana extraction, if applicable;

3.2-4154*. Home cultivation of marijuana for personal use.*

A. A person 21 years of age or older may cultivate up to three mature marijuana plants, three immature marijuana plants, and an unlimited number of seedlings for personal use on a parcel or tract of land:

B. A person who cultivates marijuana for personal use pursuant to this section shall:

Ensure that the marijuana is not visible from a public way without the use of aircraft, binoculars, or other optical aids;

Take reasonable precautions to prevent unauthorized access by persons under 21 years of age;

3. Attach to each mature marijuana plant and immature marijuana plant a legible tag that includes the person’s name, driver’s license number or identification number, a notation that the marijuana plant is being grown for personal use as authorized under this section, and if the cultivation is on a parcel or tract of land owned by another person, the name of such owner

ง 3.2-4155. Home extraction of marijuana concentrate prohibited.

A person may not manufacture marijuana concentrate from home-cultivated marijuana. The owner of a parcel or tract of land may not intentionally or knowingly allow another person to manufacture marijuana concentrate from home-cultivated marijuana on such parcel or tract of land.

ง 3.2-4157. State retail marijuana tax.

A. In addition to any taxes imposed pursuant to Chapter 6 (ง 58.1-600 et seq.) of Title 58.1, there is hereby levied and imposed a tax on retail marijuana and retail marijuana products sold by a retail marijuana store at a rate of 9.7 percent.

ง 3.2-4158. Counties and cities authorized to impose additional retail marijuana tax.

A. Any county or city is hereby authorized to levy and impose a tax on retail marijuana and retail marijuana products sold by a retail marijuana store in such county or city at a rate not to exceed five percent.

ง 3.2-4163. Public consumption prohibited; civil penalty.

A. Except as otherwise provided in this chapter and notwithstanding any other provision of law, a person may use or consume retail marijuana or retail marijuana products only if that person is:

In a private residence in which the person is domiciled, including the curtilage thereof;

On private property on which the person is not domiciled, provided that such property is not generally accessible by the public and the person is explicitly permitted to use or consume marijuana or marijuana products on the property by the owner or lessee of the property; or

On the premises of a licensed retail marijuana store if such store has been permitted to allow the use or consumption of marijuana or marijuana products in designated areas of the store by a locality pursuant to ง 3.2-4147.

ง 3.2-4167. Illegal gift of marijuana or marijuana products; penalties.

A. Except as otherwise provided by this chapter or otherwise provided by law, no person shall give retail or non-retail marijuana or retail or non-retail marijuana products to any person

……

C. Notwithstanding the provisions of this section or ง 3.2-4166, a non-licensee shall be permitted to give one ounce or less of retail marijuana or 16 ounces or less of solid retail marijuana product to a personal friend, as a matter of normal social intercourse, so long as the gift is in no way a shift or device to evade the restrictions set forth in this section or ง 3.2-4166.

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