How Does Virginia Law Address Medical Marijuana?
In the interest of public health and safety, the Commonwealth of Virginia has strict laws against and penalties for various drug crimes. Outside of specific medical exceptions, it is unlawful to possess or distribute illegal drugs, including marijuana.
More specifically, Code of Virginia Section 18.2-250.1 makes it illegal to possess marijuana or other forms of cannabis. Additionally, Code of Virginia Section 18.2-248.1 makes it illegal to sell, give, or distribute marijuana. Section 248.1 also makes it illegal to possess marijuana with the intent to sell, give, or distribute.
That being said, Virginia law establishes an exception to these laws for medical marijuana. When the possession or distribution of marijuana occurs for medical purposes, it does not qualify as a violation of Virginia law.
Medical Marijuana Exception for Doctors
Code of Virginia Section 18.2-251.1 underlines the medical marijuana exception for doctors. Under this section, medical doctors can be exempt from prosecution for marijuana distribution or possession with the intent to distribute.
This exception only applies if the doctor dispenses or distributes marijuana as part of professional medical practice. Furthermore, Section 251.1 limits the prescription of medical marijuana to the treatment of cancer or glaucoma.
Medical Marijuana Exception for Pharmacists
Section 251.1 also details the medical marijuana exception for pharmacists. As with doctors, pharmacists can be exempt from prosecution for marijuana distribution or possession with the intent to distribute.
But this exception only applies if the pharmacist dispenses or distributes marijuana pursuant to a valid prescription issued by a medical doctor. In the absence of a valid prescription, pharmacists are not allowed to dispense or distribute marijuana.
Medical Marijuana Exception for Patients
Section 251.1 further underlines the medical marijuana exception for patients. Under this section, patients can be exempt from prosecution for possession or use of marijuana.
But this exception only applies if the patient obtains and uses marijuana pursuant to a valid prescription issued by a medical doctor. In the absence of a valid prescription, patients are not allowed to possess or use marijuana.
Medical Marijuana Exception for Public Schools
Code of Virginia Section 18.2-251.1:1 underlines the medical marijuana exception for public schools. Under this section, public school nurses and similar employees can be exempt from prosecution for marijuana possession, distribution, or possession with intent to distribute.
But this exception only applies if the public school employee stores, dispenses, or administers in accordance with school board regulations. Furthermore, in keeping with other Virginia laws, the student/patient must have a valid prescription for marijuana issued by a medical doctor. Without such a prescription, it is unlawful for public school employees to possess or distribute marijuana to students/patients.
Do You Need Legal Help?
If you have legal questions about medical marijuana or drug crimes in Virginia, it can be extremely productive to consult with a skilled criminal defense lawyer. The Leesburg drug crimes lawyers at Simms Showers LLP have validated credentials in the arena of criminal defense, including medical marijuana and other drug crimes. If you need legal help with criminal defense, contact us today for a free initial consultation.
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