TITLE 3. ALCOHOLIC BEVERAGE AND CANNABIS CONTROL
TITLE 3. ALCOHOLIC BEVERAGE AND CANNABIS CONTROL
VIRGINIA CANNABIS CONTROL AUTHORITY
Final Regulation
REGISTRAR'S NOTICE: The Virginia Cannabis Control Authority is claiming an exemption from the Administrative Process Act in accordance with the fifth enactment of Chapters 740 and 773 of the 2023 Acts of Assembly, which exempts the actions of the authority relating to the adoption of regulations necessary to implement the provisions of the act.
Title of Regulation: 3VAC10-20. Medical Cannabis Program Fees (adding 3VAC10-20-10 through 3VAC10-20-50).
Statutory Authority: §§ 4.1-601, 4.1-604, and 4.1-606 of the Code of Virginia.
Effective Date: January 17, 2024.
Agency Contact: Jake Shuford, Legislative and Regulatory Manager, Virginia Cannabis Control Authority, 333 East Franklin Street, Richmond, VA 23219, telephone (804) 873-9038, or email jake.shuford@cca.virginia.gov.
Background: Chapters 740 and 773 of the 2023 Acts of Assembly transferred regulatory authority for the Medical Cannabis Program from the Board of Pharmacy to the independent agency, the Cannabis Control Authority.
Summary:
Pursuant to Chapters 740 and 773, this action establishes Virginia Medical Cannabis Program Fees (3VAC10-20), which provides registration fees for the Medical Cannabis Program required for (i) a qualifying patient, parent, legal guardian, or registered agent; (ii) a pharmaceutical processor permit; (iii) a cannabis dispensing permit; or (iv) a cannabis cultivation facility permit.
Chapter 20
Medical Cannabis Program Fees
3VAC10-20-10. Definitions.
In addition to words and terms defined in § 4.1-600 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:
"Board" means the Board of Directors of the Virginia Cannabis Control Authority.
"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.
"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.
"Medical cannabis facility” means a pharmaceutical processor, cannabis dispensing facility, or cannabis cultivation 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.
"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.
"Resident" means a person whose principal place of residence is within the Commonwealth as evidenced by a federal or state income tax return or a current Virginia driver's license. If a person is a minor, residency may be established by evidence of Virginia residency by a parent or legal guardian.
"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.
3VAC10-20-20. Qualifying patient, parent, legal guardian, or registered agent registration fee.
A. Registration under this section is voluntary.
B. Qualifying patient, parent, legal guardian, or registered agent registration fees are required by the board as specified in this section. Unless otherwise provided, fees listed in this section shall not be refundable.
C. Registration by a qualifying patient, parent, legal guardian, or registered agent.
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1. Initial registration of a patient.
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$50
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2. Annual renewal of registration of a patient.
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$50
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3. Initial registration of a parent or legal guardian.
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$25
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4. Annual renewal of registration of a parent or guardian.
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$25
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5. Initial registration or annual renewal of a registered agent
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$25
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6. Replacement of registration for a qualifying patient, parent, legal guardian, or registered agent whose original registration certificate has been lost, stolen, or destroyed.
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$25
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D. The handling fee for returned check or dishonored credit card or debit card shall be $50.
3VAC10-20-30. Pharmaceutical processor permit fee.
A. Pharmaceutical processor permit fees are required by the board as specified in this section. Unless otherwise provided, fees listed in this section shall not be refundable.
B. Pharmaceutical processor permit.
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1. Application.
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$18,000
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2. Initial permit.
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$165,000
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3. Annual renewal of permit.
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$132,000
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4. Change of name of processor.
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$200
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5. Change of PIC or responsible party or any other information provided on the permit application.
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$200
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6. Change of ownership not requiring a criminal background check.
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$200
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7. Change of ownership requiring a criminal background check.
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$500
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8. Any acquisition, expansion, remodel, or change of location requiring an inspection.
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$5,000
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9. Reinspection fee.
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$5,000
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10. Registration of each cannabis product.
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$50
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C. The handling fee for returned check or dishonored credit card or debit card shall be $50.
3VAC10-20-40. Cannabis dispensing facility permit fee.
A. Cannabis dispensing facility permit fees are required by the board as specified in this section. Unless otherwise provided, fees listed in this section shall not be refundable.
B. Cannabis dispensing facility permit.
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1. Application.
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$5,000
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2. Initial permit.
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$80,000
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3. Annual renewal of permit.
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$64,000
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4. Change of name of dispensing facility.
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$200
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5. Change of PIC or any other information provided on the permit application.
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$200
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6. Change of ownership not requiring a criminal background check.
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$200
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7. Change of ownership requiring a criminal background check.
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$500
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8. Any acquisition, expansion, remodel, or change of location requiring an inspection.
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$5,000
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9. Reinspection fee.
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$5,000
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C. The handling fee for returned check or dishonored credit card or debit card shall be $50.
3VAC10-20-50. Cannabis cultivation facility fee.
A. Cannabis cultivation facility fees are required by the board as specified in this section. Unless otherwise provided, fees listed in this section shall not be refundable.
B. Cannabis cultivation facility.
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1. Application.
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$5,000
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2. Initial authorization.
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$80,000
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3. Annual renewal.
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$64,000
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4. Change of PIC or any other information provided on the application.
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$200
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5. Change of ownership not requiring a criminal background check.
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$200
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6. Change of ownership requiring a criminal background check.
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$500
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7. Any acquisition, expansion, remodel, or change of location requiring an inspection.
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$5,000
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8. Reinspection fee.
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$5,000
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C. The handling fee for returned check or dishonored credit card or debit card shall be $50.
VA.R. Doc. No. R24-7730; Filed January 15, 2024