Cannabidiol oil and THC-A oil; possession of marijuana. (HB1445)

Introduced By

Del. Dave Albo (R-Springfield) with support from co-patron Del. Patrick Hope (D-Arlington)


Passed Committee
Passed House
Passed Senate
Signed by Governor
Became Law


Possession or distribution of marijuana for medical purposes; epilepsy. Allows a person to possess marijuana or tetrahydrocannabinol and allows a medical doctor or pharmacist to distribute such substances without being subject to prosecution if a doctor determines in the course of his professional practice that such substances should be used for the treatment of the person's epilepsy. Currently, the use of medical marijuana is allowed only for the treatment of cancer and glaucoma. The bill also provides that a valid recommendation from a medical doctor that medical marijuana be used for treatment is a necessary prerequisite for the immunity from prosecution for the possession or distribution of such substances to apply. The current law requires a valid prescription from a medical doctor. The bill also clarifies that the penalties for forging or altering a recommendation for medical marijuana or for making or uttering a false or forged recommendation are the same as the penalties for committing the same acts with regard to prescriptions. Read the Bill »


Bill Has Passed


12/29/2014Prefiled and ordered printed; offered 01/14/15 15100257D
12/29/2014Referred to Committee for Courts of Justice
01/05/2015Impact statement from VCSC (HB1445)
01/27/2015Assigned Courts sub: Criminal Law
02/02/2015Subcommittee recommends reporting with amendment(s) (11-Y 0-N)
02/04/2015Reported from Courts of Justice with substitute (20-Y 0-N) (see vote tally)
02/04/2015Committee substitute printed 15104518D-H1
02/06/2015Read first time
02/09/2015Read second time
02/09/2015Committee substitute agreed to 15104518D-H1
02/09/2015Engrossed by House - committee substitute HB1445H1
02/10/2015Read third time and passed House (98-Y 0-N 1-A)
02/10/2015VOTE: PASSAGE (98-Y 0-N 1-A) (see vote tally)
02/11/2015Constitutional reading dispensed
02/11/2015Referred to Committee for Courts of Justice
02/12/2015Impact statement from DPB (HB1445H1)
02/16/2015Reported from Courts of Justice with amendment (12-Y 1-N) (see vote tally)
02/17/2015Constitutional reading dispensed (38-Y 0-N) (see vote tally)
02/18/2015Read third time
02/18/2015Reading of amendment waived
02/18/2015Committee amendment agreed to
02/18/2015Emergency clause added
02/18/2015Engrossed by Senate as amended
02/18/2015Passed Senate with amendment (37-Y 1-N) (see vote tally)
02/19/2015Placed on Calendar
02/20/2015Senate amendment agreed to by House (93-Y 1-N)
02/20/2015VOTE: ADOPTION EMERGENCY (93-Y 1-N) (see vote tally)
02/25/2015Bill text as passed House and Senate (HB1445ER)
02/25/2015Signed by Speaker
02/26/2015G Governor's Action Deadline Midnight, Monday, March 30, 2015
02/26/2015Signed by President
02/26/2015Enrolled Bill communicated to Governor on 2/26/15
02/26/2015G Governor's Action Deadline Midnight, Sunday, March 29, 2015
02/26/2015G Approved by Governor-Chapter 7 (effective 2/26/15)
02/26/2015G Acts of Assembly Chapter text (CHAP0007)


This bill was discussed on the floor of the General Assembly. Below is all of the video that we have of that discussion, 3 clips in all, totaling 18 minutes.


Neal Frankel writes:

I don't understand how this legislation will be of benefit to anyone. Is it pandering to some specific group or groups of people. There is no system in Virginia to obtain legal marijuana and doctors cannot legally prescribe marijuana as it is against Federal law. This new legislation HB 1445 , may be trying to say that one would be immune from prosecution for the possession or distribution of marijuana if they have prescription due to epilepsy but still how does someone get a prescription and where do they legally get it filled ?

Waldo Jaquith writes:

This bill eliminates the requirement for a prescription (only a "recommendation" from a doctor is needed), and allows medical marijuana for epilepsy, but as Neal points out, it does nothing to actually provide marijuana to such people. Under Virginia law, doctors can prescribe it, pharmacists can dispense it, and patients can use it, but there is no legal way for pharmacists to come to possess marijuana, so the law is of no good whatsoever. This bill extends the nonexistent benefits of a useless law to another group. It's false hope in legislative form.

robert legge writes:

The Feds are no longer busting pot shops in CA, CO, WA. No reason to think they would treat VA any differently.

Waldo Jaquith writes:

I imagine that's true, Robert, but this bill doesn't do anything to legalize marijuana in Virginia. Absent legislation directing them otherwise (and this isn't that legislation), police in Virginia are obliged to continue to enforce state drug laws.