NEW DRUG LAWS IN VIRGINIA
As you know, in addition to my profession as an attorney, I am also Chairman of the Committee that writes the laws in the State of Virginia. As of July 1, 2017, there is one important new law pertaining to Marijuana. A Drug Lawyer Fairfax VA needs to know these new changes.
Driver’s license; marijuana possession. Under current law, first-time offenders for possession of marijuana could go through steps to have their case dismissed as long as they had no further infractions for the next year, took a drug education class, and had their license suspended for 6 months. Instead of having their license suspended, this law allows them to perform 50 hours of community service as an alternative. Revises the existing provision that a person loses his driver’s license for six months when convicted of or placed on deferred disposition for a drug offense to provide that the provision does not apply to a deferred disposition of simple possession of marijuana. The exception applies only to adults; juveniles will still be subject to license suspension. The bill provides that a court retains the discretion to suspend or revoke the driver’s license of a person placed on deferred disposition for simple possession of marijuana and must suspend or revoke for six months the driver’s license of such person who was operating a motor vehicle at the time of the offense. The bill also requires that such a person whose driver’s license is not suspended or revoked perform 50 hours of community service in addition to any community service ordered as part of the deferred disposition. Most Drug Lawyers Fairfax Virginia are not aware of the last line in the new law. The provisions of the bill are contingent upon written assurance from the U.S. Department of Transportation that Virginia will not lose any federal funds as a result of the implementation of the bill. Note that the U.S. Department of Transportation as of publication of this article has not yet made the determination. So the bill is not yet effective.
Cannabidiol oil and THC-A oil; permitting of pharmaceutical processors to manufacture and provide. This is based on my bill last year that allowed people with Epilepsy to possess oils derived from Marijuana. This bill authorizes a pharmaceutical processor, after obtaining a permit from the Board of Pharmacy (the Board) and under the supervision of a licensed pharmacist, to manufacture and provide cannabidiol oil and THC-A oil to be used for the treatment of intractable epilepsy. The bill sets limits on the number of permits that the Board may issue and requires that the Board adopt regulations establishing health, safety, and security requirements for permitted processors. The bill provides that only a licensed practitioner of medicine or osteopathy who is a neurologist or who specializes in the treatment of epilepsy may issue a written certification to a patient for the use of cannabidiol oil or THC-A oil. The bill also requires that a practitioner who issues a written certification for cannabidiol oil or THC-A oil, the patient issued such certification, and, if the patient is a minor or incapacitated, the patient’s parent or legal guardian register with the Board. The bill requires further that a pharmaceutical processor shall not provide cannabidiol oil or THC-A oil to a patient or a patient’s parent or legal guardian without first verifying that the patient, the patient’s parent or legal guardian if the patient is a minor or incapacitated, and the practitioner who issued the written certification have registered with the Board. Finally, the bill provides an affirmative defense for Drug Lawyer Fairfax VA to use in court to make sure that agents and employees of pharmaceutical processors are not convicted of the manufacture, possession, or distribution of marijuana. The bill contains an emergency clause.