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How to Become a Patient in Virginia

Dan Ultra

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Becoming a patient in Virginia

In 2015 HB 1445 was signed into law. This law creates an affirmative legal defense for patients with intractable epilepsy using CBD or THC-A cannabis extracts which contain at least 15% CBD or THC-A and less than 5% THC by weight with a doctors written certification.

What's Legal
Legal protections for medical cannabis patients in Virginia are limited to an affirmative legal protection against prosecution. Only patients diagnosed with intractable epilepsy may possess and use cannabis oil that contains no more than 5% THC. The law does not provide clear guidance on how cannabis oil will be produced or distributed .

Eligible conditions
A patient must be diagnosed with intractable epilepsy.

Application process
A physician completes a written certification for their patient which may be used as an affirmative legal defense in case of prosecution.

Any practitioner of medicine or osteopathy licensed by the Board of Medicine may issue a written certification that CBD or THC-A extracts will alleviate the symptoms of their patients intractable epilepsy.

Cultivation and distribution regulations are being developed by the Board of Pharmacy. The General Assembly must approve the proposal in 2017 in order for the regulations to be valid.

The law does not restrict where patients may consume cannabis oil.

Age Limits
There are no age restrictions for patients under the Virginia law.

Although there are no explicit privacy protections, there is no patient registry.

The law does not contain housing discrimination protection for patients.

The law does not contain employment discrimination protection for patients.

The law does not require insurance companies to pay for cannabis oil treatment.

Out of State patients
There are no protections for patients with an out of state medical marijuana ID card or physician's recommendation, even for intractable epilepsy

Source: Americans for Safe Access
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