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)
Progress
✓ |
Introduced |
✓ |
Passed Committee |
✓ |
Passed House |
✓ |
Passed Senate |
✓ |
Signed by Governor |
☐ |
Became Law |
Description
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 »
Outcome
History
| Date | Action |
|---|---|
| 12/29/2014 | Committee |
| 12/29/2014 | Prefiled and ordered printed; offered 01/14/15 15100257D |
| 12/29/2014 | Referred to Committee for Courts of Justice |
| 01/05/2015 | Impact statement from VCSC (HB1445) |
| 01/27/2015 | Assigned Courts sub: Criminal Law |
| 02/02/2015 | Subcommittee recommends reporting with amendment(s) (11-Y 0-N) |
| 02/04/2015 | Reported from Courts of Justice with substitute (20-Y 0-N) (see vote tally) |
| 02/04/2015 | Committee substitute printed 15104518D-H1 |
| 02/06/2015 | Read first time |
| 02/09/2015 | Read second time |
| 02/09/2015 | Committee substitute agreed to 15104518D-H1 |
| 02/09/2015 | Engrossed by House - committee substitute HB1445H1 |
| 02/10/2015 | Read third time and passed House (98-Y 0-N 1-A) |
| 02/10/2015 | VOTE: PASSAGE (98-Y 0-N 1-A) (see vote tally) |
| 02/11/2015 | Constitutional reading dispensed |
| 02/11/2015 | Referred to Committee for Courts of Justice |
| 02/12/2015 | Impact statement from DPB (HB1445H1) |
| 02/16/2015 | Reported from Courts of Justice with amendment (12-Y 1-N) (see vote tally) |
| 02/17/2015 | Constitutional reading dispensed (38-Y 0-N) (see vote tally) |
| 02/18/2015 | Read third time |
| 02/18/2015 | Reading of amendment waived |
| 02/18/2015 | Committee amendment agreed to |
| 02/18/2015 | Emergency clause added |
| 02/18/2015 | Engrossed by Senate as amended |
| 02/18/2015 | Passed Senate with amendment (37-Y 1-N) (see vote tally) |
| 02/19/2015 | Placed on Calendar |
| 02/20/2015 | Senate amendment agreed to by House (93-Y 1-N) |
| 02/20/2015 | VOTE: ADOPTION EMERGENCY (93-Y 1-N) (see vote tally) |
| 02/25/2015 | Enrolled |
| 02/25/2015 | Bill text as passed House and Senate (HB1445ER) |
| 02/25/2015 | Signed by Speaker |
| 02/26/2015 | G Governor's Action Deadline Midnight, Monday, March 30, 2015 |
| 02/26/2015 | Signed by President |
| 02/26/2015 | Enrolled Bill communicated to Governor on 2/26/15 |
| 02/26/2015 | G Governor's Action Deadline Midnight, Sunday, March 29, 2015 |
| 02/26/2015 | G Approved by Governor-Chapter 7 (effective 2/26/15) |
| 02/26/2015 | G Acts of Assembly Chapter text (CHAP0007) |
Comments
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 ?
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.
The Feds are no longer busting pot shops in CA, CO, WA. No reason to think they would treat VA any differently.
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.