Medical marijuana; written certification issued by physician. (HB1064)

Introduced By

Del. Steve Heretick (D-Portsmouth) with support from co-patron Del. Mark Levine (D-Alexandria)


Passed Committee
Passed House
Passed Senate
Signed by Governor
Became Law


Medical marijuana; written certification. Allows a person to possess marijuana or tetrahydrocannabinol pursuant to a valid written certification issued by a physician for the treatment of any medical condition and allows a physician or pharmacist to distribute such substances without being subject to prosecution. Under current law, a person has an affirmative defense to prosecution for possession of marijuana if the marijuana is in the form of cannabidiol oil or THC-A oil and the person has been issued a written certification by a physician that such marijuana is for the purposes of treating or alleviating the person's symptoms of intractable epilepsy. The bill expands the authority for a pharmaceutical processor, after obtaining a permit from the Board of Pharmacy and under the supervision of a licensed pharmacist, to manufacture and provide marijuana in any form to be used for the treatment of any medical condition, not just marijuana in the form of cannabidiol oil and THC-A oil to be used for the treatment of intractable epilepsy. Finally, the bill clarifies that the penalties for forging or altering a written certification for medical marijuana or for making or uttering a false or forged written certification are the same as the penalties for committing the same acts with regard to prescriptions. Read the Bill »


Bill Has Failed


01/10/2018Prefiled and ordered printed; offered 01/10/18 18102811D
01/10/2018Referred to Committee for Courts of Justice
01/11/2018Impact statement from VCSC (HB1064)
01/12/2018Impact statement from VDH (HB1064)
02/15/2018Left in Courts of Justice


John Smith writes:

Fully support. Here is the problem, an adult with epilepsy gets arrested for simple possession of marijuana on their property even though doctors have told him it would help with treating his epilepsy. Doctors in Virginia will not put that in writing today but will say it. Marijuana has no where near the side effects of common epilepsy medication i.e. Keppra and Depakote. CBD oils have bad side effects like low blood pressure and severe dizziness.

So after getting arrested on his property for simple possession and showing the court a letter from his neurologist that states he has epilepsy. He gets convicted and sent to drug treatment and testing. Well he shows up positive for marijuana on a drug test and gets placed in jail for violation of VASAP and good behavior. While in jail he loses his job.