Title of Regulation: 18VAC110-60. Regulations Governing Pharmaceutical Processors (amending 18VAC110-60-280).

Statutory Authority: §§ 54.1-3442.6 and 54.1-3447 of the Code of Virginia.

Effective Dates: August 6, 2020, through February 5, 2022.

Agency Contact: Caroline Juran, RPh, Executive Director, Board of Pharmacy, 9960 Mayland Drive, Suite 300, Richmond, VA 23233, telephone (804) 367-4456, FAX (804) 527-4472, or email caroline.juran@dhp.virginia.gov.

Preamble:

Section 2.2-4011 A of the Code of Virginia states that regulations that an agency finds are necessitated by an emergency situation may be adopted upon consultation with the Attorney General, which approval shall be granted only after the agency has submitted a request stating in writing the nature of the emergency, and the necessity for such action shall be at the sole discretion of the Governor.

The amendments (i) prohibit the production of cannabis oil intended to be vaporized or inhaled from containing vitamin E acetate and (ii) change references to cannabidiol oil or THC-A oil to cannabis oil in accordance with Chapter 1278 of the 2020 Session of the General Assembly.

Part VI
Cultivation, Production, and Dispensing of Cannabidiol Oil or THC-A Cannabis Oil

18VAC110-60-280. Cultivation and production of cannabidiol oil or THC-A cannabis oil.

A. No cannabidiol oil or THC-A cannabis oil shall have had pesticide chemicals or petroleum-based solvents used during the cultivation, extraction, production, or manufacturing process, except that the board may authorize the use of pesticide chemicals for purposes of addressing an infestation that could result in a catastrophic loss of Cannabis crops.

B. Cultivation methods for Cannabis plants and extraction methods used to produce the cannabidiol oil and THC-A cannabis oil shall be performed in a manner deemed safe and effective based on current standards or scientific literature.

C. Any Cannabis plant, seed, parts of plant, extract, cannabidiol oil, or THC-A cannabis oil not in compliance with this section shall be deemed adulterated.

D. No cannabis oil intended to be vaporized or inhaled shall contain vitamin E acetate.