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RobertJDFL
RobertJDFL, Attorney
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Is hemp oil legal in virginia

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is hemp oil legal in virginia
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It will be legal, but only for persons suffering from intractable epilepsy. On March 16, 2017, Virginia Gov. Terry McAuliffe enacted a law that allows patients suffering from intractable epilepsy access to cannabidiol (CBD) or THC-A oil. Pharmaceutical processors will be able to apply for licenses to produce the marijuana extracts that will contain at least 15% of either cannabidiol (CBD) or THC-A and no more than 5% THC.

The Board of Pharmacy has until December 15, 2017 to issue their proposed regulations to govern the program. It will likely take a year or longer before patients can begin treatment with the oils.

The possession of such products are not currently legal under state law, but is eligible for an affirmative defense from criminal prosecution: "In any prosecution under this section involving marijuana in the form of cannabidiol oil or THC-A oil as those terms are defined in § 54.1-3408.3, it shall be an affirmative defense that the individual possessed such oil pursuant to a valid written certification issued by a practitioner in the course of his professional practice pursuant to § 54.1-3408.3 for treatment or to alleviate the symptoms of (i) the individual's intractable epilepsy or (ii) if such individual is the parent or legal guardian of a minor, such minor's intractable epilepsy."

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