Be it enacted by the General Assembly of Virginia:
1. That §§2.2-3705.3, 2.2-3711, 3.2-4113, 4.1-225, 16.1-69.48:1, 16.1-260, 16.1-273, 16.1-278.8:01, 16.1-278.9, 17.1-805, 18.2-46.1, 18.2-247, 18.2-248, 18.2-248.01, 18.2-251, 18.2-251.03, 18.2-251.1:1, 18.2-252, 18.2-254, 18.2-255, 18.2-255.1, 18.2-255.2, 18.2-258, 18.2-258.02, 18.2-258.1, 18.2-259.1, 18.2-265.1, 18.2-265.2, 18.2-265.3, 18.2-287.2, 18.2-308.09, 18.2-308.1:5, 18.2-308.4, 18.2-460, 18.2-474.1, 19.2-11.2, 19.2-66, 19.2-81.1, 19.2-83.1, 19.2-120, 19.2-188.1, 19.2-303.01, 19.2-386.22 through 19.2-386.25, 19.2-386.28, 19.2-389, as it is currently effective and as it shall become effective, 19.2-392.02, 22.1-277.08, 24.2-233, 37.2-416, 46.2-390.1, 52-35, 53.1-231.2, 54.1-2903, 54.1-3408.3, 54.1-3442.6, and 54.1-3442.8 of the Code of Virginia are amended and reenacted and that the Code of Virginia is amended by adding in Title 3.2 a chapter numbered 41.2, containing articles numbered 1 through 7, consisting of sections numbered 3.2-4121 through 3.2-4199.6, as follows:
§2.2-3705.3. Exclusions to application of chapter; records relating to administrative investigations.
The following information contained in a public record is excluded from the mandatory disclosure provisions of this chapter but may be disclosed by the custodian in his discretion, except where such disclosure is prohibited by law. Redaction of information excluded under this section from a public record shall be conducted in accordance with §2.2-3704.01.
1. Information relating to investigations of applicants for licenses and permits, and of all licensees and permittees, made by or submitted to the Virginia Alcoholic Beverage Control Authority, the Virginia Lottery, the Virginia Racing Commission, the Department of Agriculture and Consumer Services relating to investigations and applications pursuant to Chapter 41.2 (§3.2-4121 et seq.) of Title 3.2 or Article 1.1:1 (§18.2-340.15 et seq.) of Chapter 8 of Title 18.2, or the Private Security Services Unit of the Department of Criminal Justice Services.
2. Records of active investigations being conducted by the Department of Health Professions or by any health regulatory board in the Commonwealth pursuant to §54.1-108.
3. Investigator notes, and other correspondence and information, furnished in confidence with respect to an active investigation of individual employment discrimination complaints made to the Department of Human Resource Management, to such personnel of any local public body, including local school boards, as are responsible for conducting such investigations in confidence, or to any public institution of higher education. However, nothing in this subdivision shall prevent the disclosure of information taken from inactive reports in a form that does not reveal the identity of charging parties, persons supplying the information, or other individuals involved in the investigation.
4. Records of active investigations being conducted by the Department of Medical Assistance Services pursuant to Chapter 10 (§32.1-323 et seq.) of Title 32.1.
5. Investigative notes and other correspondence and information furnished in confidence with respect to an investigation or conciliation process involving an alleged unlawful discriminatory practice under the Virginia Human Rights Act (§2.2-3900 et seq.) or under any local ordinance adopted in accordance with the authority specified in §2.2-524, or adopted pursuant to §15.2-965, or adopted prior to July 1, 1987, in accordance with applicable law, relating to local human rights or human relations commissions. However, nothing in this subdivision shall prevent the distribution of information taken from inactive reports in a form that does not reveal the identity of the parties involved or other persons supplying information.
6. Information relating to studies and investigations by the Virginia Lottery of (i) lottery agents, (ii) lottery vendors, (iii) lottery crimes under §§58.1-4014 through 58.1-4018, (iv) defects in the law or regulations that cause abuses in the administration and operation of the lottery and any evasions of such provisions, or (v) the use of the lottery as a subterfuge for organized crime and illegal gambling where such information has not been publicly released, published or copyrighted. All studies and investigations referred to under clauses (iii), (iv), and (v) shall be open to inspection and copying upon completion of the study or investigation.
7. Investigative notes, correspondence and information furnished in confidence, and records otherwise exempted by this chapter or any Virginia statute, provided to or produced by or for (i) the Auditor of Public Accounts; (ii) the Joint Legislative Audit and Review Commission; (iii) an appropriate authority as defined in §2.2-3010 with respect to an allegation of wrongdoing or abuse under the Fraud and Abuse Whistle Blower Protection Act (§ 2.2-3009 et seq.); (iv) the Office of the State Inspector General with respect to an investigation initiated through the Fraud, Waste and Abuse Hotline or an investigation initiated pursuant to Chapter 3.2 (§2.2-307 et seq.); (v) internal auditors appointed by the head of a state agency or by any public institution of higher education; (vi) the committee or the auditor with respect to an investigation or audit conducted pursuant to §15.2-825; or (vii) the auditors, appointed by the local governing body of any county, city, or town or a school board, who by charter, ordinance, or statute have responsibility for conducting an investigation of any officer, department, or program of such body. Information contained in completed investigations shall be disclosed in a form that does not reveal the identity of the complainants or persons supplying information to investigators. Unless disclosure is excluded by this subdivision, the information disclosed shall include the agency involved, the identity of the person who is the subject of the complaint, the nature of the complaint, and the actions taken to resolve the complaint. If an investigation does not lead to corrective action, the identity of the person who is the subject of the complaint may be released only with the consent of the subject person. Local governing bodies shall adopt guidelines to govern the disclosure required by this subdivision.
8. The names, addresses, and telephone numbers of complainants furnished in confidence with respect to an investigation of individual zoning enforcement complaints or complaints relating to the Uniform Statewide Building Code (§36-97 et seq.) or the Statewide Fire Prevention Code (§27-94 et seq.) made to a local governing body.
9. Records of active investigations being conducted by the Department of Criminal Justice Services pursuant to Article 4 (§9.1-138 et seq.), Article 4.1 (§9.1-150.1 et seq.), Article 11 (§9.1-185 et seq.), and Article 12 (§9.1-186 et seq.) of Chapter 1 of Title 9.1.
10. Information furnished to or prepared by the Board of Education pursuant to subsection D of §22.1-253.13:3 in connection with the review or investigation of any alleged breach in security, unauthorized alteration, or improper administration of tests by local school board employees responsible for the distribution or administration of the tests. However, this section shall not prohibit the disclosure of such information to (i) a local school board or division superintendent for the purpose of permitting such board or superintendent to consider or to take personnel action with regard to an employee or (ii) any requester, after the conclusion of a review or investigation, in a form that (a) does not reveal the identity of any person making a complaint or supplying information to the Board on a confidential basis and (b) does not compromise the security of any test mandated by the Board.
11. Information contained in (i) an application for licensure or renewal of a license for teachers and other school personnel, including transcripts or other documents submitted in support of an application, and (ii) an active investigation conducted by or for the Board of Education related to the denial, suspension, cancellation, revocation, or reinstatement of teacher and other school personnel licenses including investigator notes and other correspondence and information, furnished in confidence with respect to such investigation. However, this subdivision shall not prohibit the disclosure of such (a) application information to the applicant at his own expense or (b) investigation information to a local school board or division superintendent for the purpose of permitting such board or superintendent to consider or to take personnel action with regard to an employee. Information contained in completed investigations shall be disclosed in a form that does not reveal the identity of any complainant or person supplying information to investigators. The completed investigation information disclosed shall include information regarding the school or facility involved, the identity of the person who was the subject of the complaint, the nature of the complaint, and the actions taken to resolve the complaint. If an investigation fails to support a complaint or does not lead to corrective action, the identity of the person who was the subject of the complaint may be released only with the consent of the subject person. No personally identifiable information regarding a current or former student shall be released except as permitted by state or federal law.
12. Information provided in confidence and related to an investigation by the Attorney General under Article 1 (§3.2-4200 et seq.) or Article 3 (§3.2-4204 et seq.) of Chapter 42 of Title 3.2, Article 10 (§ 18.2-246.6 et seq.) of Chapter 6 or Chapter 13 (§18.2-512 et seq.) of Title 18.2, or Article 1 (§58.1-1000) of Chapter 10 of Title 58.1. However, information related to an investigation that has been inactive for more than six months shall, upon request, be disclosed provided such disclosure is not otherwise prohibited by law and does not reveal the identity of charging parties, complainants, persons supplying information, witnesses, or other individuals involved in the investigation.
§2.2-3711. Closed meetings authorized for certain limited purposes.
A. Public bodies may hold closed meetings only for the following purposes:
1. Discussion, consideration, or interviews of prospective candidates for employment; assignment, appointment, promotion, performance, demotion, salaries, disciplining, or resignation of specific public officers, appointees, or employees of any public body; and evaluation of performance of departments or schools of public institutions of higher education where such evaluation will necessarily involve discussion of the performance of specific individuals. Any teacher shall be permitted to be present during a closed meeting in which there is a discussion or consideration of a disciplinary matter that involves the teacher and some student and the student involved in the matter is present, provided the teacher makes a written request to be present to the presiding officer of the appropriate board. Nothing in this subdivision, however, shall be construed to authorize a closed meeting by a local governing body or an elected school board to discuss compensation matters that affect the membership of such body or board collectively.
2. Discussion or consideration of admission or disciplinary matters or any other matters that would involve the disclosure of information contained in a scholastic record concerning any student of any public institution of higher education in the Commonwealth or any state school system. However, any such student, legal counsel and, if the student is a minor, the student's parents or legal guardians shall be permitted to be present during the taking of testimony or presentation of evidence at a closed meeting, if such student, parents, or guardians so request in writing and such request is submitted to the presiding officer of the appropriate board.
3. Discussion or consideration of the acquisition of real property for a public purpose, or of the disposition of publicly held real property, where discussion in an open meeting would adversely affect the bargaining position or negotiating strategy of the public body.
4. The protection of the privacy of individuals in personal matters not related to public business.
5. Discussion concerning a prospective business or industry or
the expansion of an existing business or industry where no previous
announcement has been made of the business' business's or industry's
interest in locating or expanding its facilities in the community.
6. Discussion or consideration of the investment of public funds where competition or bargaining is involved, where, if made public initially, the financial interest of the governmental unit would be adversely affected.
7. Consultation with legal counsel and briefings by staff members or consultants pertaining to actual or probable litigation, where such consultation or briefing in open meeting would adversely affect the negotiating or litigating posture of the public body. For the purposes of this subdivision, "probable litigation" means litigation that has been specifically threatened or on which the public body or its legal counsel has a reasonable basis to believe will be commenced by or against a known party. Nothing in this subdivision shall be construed to permit the closure of a meeting merely because an attorney representing the public body is in attendance or is consulted on a matter.
8. Consultation with legal counsel employed or retained by a public body regarding specific legal matters requiring the provision of legal advice by such counsel. Nothing in this subdivision shall be construed to permit the closure of a meeting merely because an attorney representing the public body is in attendance or is consulted on a matter.
9. Discussion or consideration by governing boards of public institutions of higher education of matters relating to gifts, bequests and fund-raising activities, and of grants and contracts for services or work to be performed by such institution. However, the terms and conditions of any such gifts, bequests, grants, and contracts made by a foreign government, a foreign legal entity, or a foreign person and accepted by a public institution of higher education in the Commonwealth shall be subject to public disclosure upon written request to the appropriate board of visitors. For the purpose of this subdivision, (i) "foreign government" means any government other than the United States government or the government of a state or a political subdivision thereof, (ii) "foreign legal entity" means any legal entity (a) created under the laws of the United States or of any state thereof if a majority of the ownership of the stock of such legal entity is owned by foreign governments or foreign persons or if a majority of the membership of any such entity is composed of foreign persons or foreign legal entities or (b) created under the laws of a foreign government, and (iii) "foreign person" means any individual who is not a citizen or national of the United States or a trust territory or protectorate thereof.
10. Discussion or consideration by the boards of trustees of the Virginia Museum of Fine Arts, the Virginia Museum of Natural History, the Jamestown-Yorktown Foundation, the Fort Monroe Authority, and The Science Museum of Virginia of matters relating to specific gifts, bequests, and grants from private sources.
11. Discussion or consideration of honorary degrees or special awards.
12. Discussion or consideration of tests, examinations, or other information used, administered, or prepared by a public body and subject to the exclusion in subdivision 4 of §2.2-3705.1.
13. Discussion, consideration, or review by the appropriate House or Senate committees of possible disciplinary action against a member arising out of the possible inadequacy of the disclosure statement filed by the member, provided the member may request in writing that the committee meeting not be conducted in a closed meeting.
14. Discussion of strategy with respect to the negotiation of a hazardous waste siting agreement or to consider the terms, conditions, and provisions of a hazardous waste siting agreement if the governing body in open meeting finds that an open meeting will have an adverse effect upon the negotiating position of the governing body or the establishment of the terms, conditions and provisions of the siting agreement, or both. All discussions with the applicant or its representatives may be conducted in a closed meeting.
15. Discussion by the Governor and any economic advisory board reviewing forecasts of economic activity and estimating general and nongeneral fund revenues.
16. Discussion or consideration of medical and mental health records subject to the exclusion in subdivision 1 of §2.2-3705.5.
17. Deliberations of the Virginia Lottery Board in a licensing appeal action conducted pursuant to subsection D of §58.1-4007 regarding the denial or revocation of a license of a lottery sales agent; and discussion, consideration or review of Virginia Lottery matters related to proprietary lottery game information and studies or investigations excluded from disclosure under subdivision 6 of §2.2-3705.3 and subdivision 11 of §2.2-3705.7.
18. Those portions of meetings in which the Board of Corrections discusses or discloses the identity of, or information tending to identify, any prisoner who (i) provides information about crimes or criminal activities, (ii) renders assistance in preventing the escape of another prisoner or in the apprehension of an escaped prisoner, or (iii) voluntarily or at the instance of a prison official renders other extraordinary services, the disclosure of which is likely to jeopardize the prisoner's life or safety.
19. Discussion of plans to protect public safety as it relates to terrorist activity or specific cybersecurity threats or vulnerabilities and briefings by staff members, legal counsel, or law-enforcement or emergency service officials concerning actions taken to respond to such matters or a related threat to public safety; discussion of information subject to the exclusion in subdivision 2 or 14 of §2.2-3705.2, where discussion in an open meeting would jeopardize the safety of any person or the security of any facility, building, structure, information technology system, or software program; or discussion of reports or plans related to the security of any governmental facility, building or structure, or the safety of persons using such facility, building or structure.
20. Discussion by the Board of the Virginia Retirement System, acting pursuant to §51.1-124.30, or of any local retirement system, acting pursuant to §51.1-803, or by a local finance board or board of trustees of a trust established by one or more local public bodies to invest funds for postemployment benefits other than pensions, acting pursuant to Article 8 (§ 15.2-1544 et seq.) of Chapter 15 of Title 15.2, or by the board of visitors of the University of Virginia, acting pursuant to §23.1-2210, or by the Board of the Virginia College Savings Plan, acting pursuant to §23.1-706, regarding the acquisition, holding or disposition of a security or other ownership interest in an entity, where such security or ownership interest is not traded on a governmentally regulated securities exchange, to the extent that such discussion (i) concerns confidential analyses prepared for the board of visitors of the University of Virginia, prepared by the retirement system, or a local finance board or board of trustees, or the Virginia College Savings Plan or provided to the retirement system, a local finance board or board of trustees, or the Virginia College Savings Plan under a promise of confidentiality, of the future value of such ownership interest or the future financial performance of the entity, and (ii) would have an adverse effect on the value of the investment to be acquired, held, or disposed of by the retirement system, a local finance board or board of trustees, the board of visitors of the University of Virginia, or the Virginia College Savings Plan. Nothing in this subdivision shall be construed to prevent the disclosure of information relating to the identity of any investment held, the amount invested or the present value of such investment.
21. Those portions of meetings in which individual child death cases are discussed by the State Child Fatality Review Team established pursuant to §32.1-283.1, those portions of meetings in which individual child death cases are discussed by a regional or local child fatality review team established pursuant to §32.1-283.2, those portions of meetings in which individual death cases are discussed by family violence fatality review teams established pursuant to §32.1-283.3, those portions of meetings in which individual adult death cases are discussed by the state Adult Fatality Review Team established pursuant to §32.1-283.5, those portions of meetings in which individual adult death cases are discussed by a local or regional adult fatality review team established pursuant to §32.1-283.6, those portions of meetings in which individual death cases are discussed by overdose fatality review teams established pursuant to §32.1-283.7, and those portions of meetings in which individual maternal death cases are discussed by the Maternal Mortality Review Team pursuant to §32.1-283.8.
22. Those portions of meetings of the board of visitors of the University of Virginia or the Eastern Virginia Medical School Board of Visitors, as the case may be, and those portions of meetings of any persons to whom management responsibilities for the University of Virginia Medical Center or Eastern Virginia Medical School, as the case may be, have been delegated, in which there is discussed proprietary, business-related information pertaining to the operations of the University of Virginia Medical Center or Eastern Virginia Medical School, as the case may be, including business development or marketing strategies and activities with existing or future joint venturers, partners, or other parties with whom the University of Virginia Medical Center or Eastern Virginia Medical School, as the case may be, has formed, or forms, any arrangement for the delivery of health care, if disclosure of such information would adversely affect the competitive position of the Medical Center or Eastern Virginia Medical School, as the case may be.
23. Discussion or consideration by the Virginia Commonwealth University Health System Authority or the board of visitors of Virginia Commonwealth University of any of the following: the acquisition or disposition by the Authority of real property, equipment, or technology software or hardware and related goods or services, where disclosure would adversely affect the bargaining position or negotiating strategy of the Authority; matters relating to gifts or bequests to, and fund-raising activities of, the Authority; grants and contracts for services or work to be performed by the Authority; marketing or operational strategies plans of the Authority where disclosure of such strategies or plans would adversely affect the competitive position of the Authority; and members of the Authority's medical and teaching staffs and qualifications for appointments thereto.
24. Those portions of the meetings of the Health Practitioners' Monitoring Program Committee within the Department of Health Professions to the extent such discussions identify any practitioner who may be, or who actually is, impaired pursuant to Chapter 25.1 (§54.1-2515 et seq.) of Title 54.1.
25. Meetings or portions of meetings of the Board of the Virginia College Savings Plan wherein personal information, as defined in § 2.2-3801, which has been provided to the Board or its employees by or on behalf of individuals who have requested information about, applied for, or entered into prepaid tuition contracts or savings trust account agreements pursuant to Chapter 7 (§23.1-700 et seq.) of Title 23.1 is discussed.
26. Discussion or consideration, by the former Wireless Carrier E-911 Cost Recovery Subcommittee created pursuant to former § 56-484.15, of trade secrets submitted by CMRS providers, as defined in § 56-484.12, related to the provision of wireless E-911 service.
27. Those portions of disciplinary proceedings by any regulatory board within the Department of Professional and Occupational Regulation, Department of Health Professions, or the Board of Accountancy conducted pursuant to §2.2-4019 or 2.2-4020 during which the board deliberates to reach a decision or meetings of health regulatory boards or conference committees of such boards to consider settlement proposals in pending disciplinary actions or modifications to previously issued board orders as requested by either of the parties.
28. Discussion or consideration of information subject to the exclusion in subdivision 11 of §2.2-3705.6 by a responsible public entity or an affected locality or public entity, as those terms are defined in § 33.2-1800, or any independent review panel appointed to review information and advise the responsible public entity concerning such records.
29. Discussion of the award of a public contract involving the expenditure of public funds, including interviews of bidders or offerors, and discussion of the terms or scope of such contract, where discussion in an open session would adversely affect the bargaining position or negotiating strategy of the public body.
30. Discussion or consideration of grant or loan application information subject to the exclusion in subdivision 17 of §2.2-3705.6 by (i) the Commonwealth Health Research Board or (ii) the Innovation and Entrepreneurship Investment Authority or the Research and Technology Investment Advisory Committee appointed to advise the Innovation and Entrepreneurship Investment Authority.
31. Discussion or consideration by the Commitment Review Committee of information subject to the exclusion in subdivision 5 of § 2.2-3705.2 relating to individuals subject to commitment as sexually violent predators under Chapter 9 (§37.2-900 et seq.) of Title 37.2.
32. Discussion or consideration of confidential proprietary information and trade secrets developed and held by a local public body providing certain telecommunication services or cable television services and subject to the exclusion in subdivision 18 of §2.2-3705.6. However, the exemption provided by this subdivision shall not apply to any authority created pursuant to the BVU Authority Act (§15.2-7200 et seq.).
33. Discussion or consideration by a local authority created in accordance with the Virginia Wireless Service Authorities Act (§15.2-5431.1 et seq.) of confidential proprietary information and trade secrets subject to the exclusion in subdivision 19 of §2.2-3705.6.
34. Discussion or consideration by the State Board of Elections or local electoral boards of voting security matters made confidential pursuant to §24.2-410.2 or 24.2-625.1.
35. Discussion or consideration by the Forensic Science Board or the Scientific Advisory Committee created pursuant to Article 2 (§9.1-1109 et seq.) of Chapter 11 of Title 9.1 of criminal investigative files subject to the exclusion in subdivision B 1 of §2.2-3706.
36. Discussion or consideration by the Brown v. Board of Education Scholarship Committee of information or confidential matters subject to the exclusion in subdivision A 3 of §2.2-3705.4, and meetings of the Committee to deliberate concerning the annual maximum scholarship award, review and consider scholarship applications and requests for scholarship award renewal, and cancel, rescind, or recover scholarship awards.
37. Discussion or consideration by the Virginia Port Authority of information subject to the exclusion in subdivision 1 of §2.2-3705.6 related to certain proprietary information gathered by or for the Virginia Port Authority.
38. Discussion or consideration by the Board of Trustees of the Virginia Retirement System acting pursuant to §51.1-124.30, by the Investment Advisory Committee appointed pursuant to §51.1-124.26, by any local retirement system, acting pursuant to §51.1-803, by the Board of the Virginia College Savings Plan acting pursuant to §23.1-706, or by the Virginia College Savings Plan's Investment Advisory Committee appointed pursuant to §23.1-702 of information subject to the exclusion in subdivision 24 of §2.2-3705.7.
39. Discussion or consideration of information subject to the exclusion in subdivision 3 of §2.2-3705.6 related to economic development.
40. Discussion or consideration by the Board of Education of information relating to the denial, suspension, or revocation of teacher licenses subject to the exclusion in subdivision 11 of §2.2-3705.3.
41. Those portions of meetings of the Virginia Military Advisory Council or any commission created by executive order for the purpose of studying and making recommendations regarding preventing closure or realignment of federal military and national security installations and facilities located in Virginia and relocation of such facilities to Virginia, or a local or regional military affairs organization appointed by a local governing body, during which there is discussion of information subject to the exclusion in subdivision 8 of §2.2-3705.2.
42. Discussion or consideration by the Board of Trustees of the Veterans Services Foundation of information subject to the exclusion in subdivision 28 of §2.2-3705.7 related to personally identifiable information of donors.
43. Discussion or consideration by the Virginia Tobacco Region Revitalization Commission of information subject to the exclusion in subdivision 23 of §2.2-3705.6 related to certain information contained in grant applications.
44. Discussion or consideration by the board of directors of the Commercial Space Flight Authority of information subject to the exclusion in subdivision 24 of §2.2-3705.6 related to rate structures or charges for the use of projects of, the sale of products of, or services rendered by the Authority and certain proprietary information of a private entity provided to the Authority.
45. Discussion or consideration of personal and proprietary information related to the resource management plan program and subject to the exclusion in (i) subdivision 25 of §2.2-3705.6 or (ii) subsection E of § 10.1-104.7. This exclusion shall not apply to the discussion or consideration of records that contain information that has been certified for release by the person who is the subject of the information or transformed into a statistical or aggregate form that does not allow identification of the person who supplied, or is the subject of, the information.
46. Discussion or consideration by the Board of Directors of the Virginia Alcoholic Beverage Control Authority of information subject to the exclusion in subdivision 1 of §2.2-3705.3 related to investigations of applicants for licenses and permits and of licensees and permittees.
47. Discussion or consideration of grant or loan application records subject to the exclusion in subdivision 28 of §2.2-3705.6 related to the submission of an application for an award from the Virginia Research Investment Fund pursuant to Article 8 (§23.1-3130 et seq.) of Chapter 31 of Title 23.1 or interviews of parties to an application by a reviewing entity pursuant to subsection D of §23.1-3133 or by the Virginia Research Investment Committee.
48. Discussion or development of grant proposals by a regional council established pursuant to Article 26 (§2.2-2484 et seq.) of Chapter 24 to be submitted for consideration to the Virginia Growth and Opportunity Board.
49. Discussion or consideration of (i) individual sexual assault cases by a sexual assault response team established pursuant to §15.2-1627.4, (ii) individual child abuse or neglect cases or sex offenses involving a child by a child sexual abuse response team established pursuant to §15.2-1627.5, or (iii) individual cases involving abuse, neglect, or exploitation of adults as defined in §63.2-1603 pursuant to §§15.2-1627.5 and 63.2-1605.
50. Discussion or consideration by the Board of the Virginia Economic Development Partnership Authority, the Joint Legislative Audit and Review Commission, or any subcommittees thereof, of the portions of the strategic plan, marketing plan, or operational plan exempt from disclosure pursuant to subdivision 33 of §2.2-3705.7.
51. Those portions of meetings of the subcommittee of the Board of the Virginia Economic Development Partnership Authority established pursuant to subsection F of §2.2-2237.3 to review and discuss information received from the Virginia Employment Commission pursuant to subdivision C 2 of §60.2-114.
52. Discussion or consideration by the Board of Agriculture and Consumer Services of information subject to the exclusion in subdivision 1 of §2.2-3705.3 related to investigations of applicants for licenses and permits and of licensees and permittees.
B. No resolution, ordinance, rule, contract, regulation or motion adopted, passed or agreed to in a closed meeting shall become effective unless the public body, following the meeting, reconvenes in open meeting and takes a vote of the membership on such resolution, ordinance, rule, contract, regulation, or motion that shall have its substance reasonably identified in the open meeting.
C. Public officers improperly selected due to the failure of the public body to comply with the other provisions of this section shall be de facto officers and, as such, their official actions are valid until they obtain notice of the legal defect in their election.
D. Nothing in this section shall be construed to prevent the holding of conferences between two or more public bodies, or their representatives, but these conferences shall be subject to the same procedures for holding closed meetings as are applicable to any other public body.
E. This section shall not be construed to (i) require the disclosure of any contract between the Department of Health Professions and an impaired practitioner entered into pursuant to Chapter 25.1 (§54.1-2515 et seq.) of Title 54.1 or (ii) require the board of directors of any authority created pursuant to the Industrial Development and Revenue Bond Act (§ 15.2-4900 et seq.), or any public body empowered to issue industrial revenue bonds by general or special law, to identify a business or industry to which subdivision A 5 applies. However, such business or industry shall be identified as a matter of public record at least 30 days prior to the actual date of the board's authorization of the sale or issuance of such bonds.
§3.2-4113. Production of industrial hemp lawful.
A. It is lawful for a grower or his agent to grow, a dealer or
his agent to deal in, or a processor or his agent to process industrial hemp in
the Commonwealth for any lawful purpose. No grower or his agent, dealer or his
agent, or processor or his agent shall be prosecuted under § 18.2-247, 18.2-248, 18.2-248.01, 18.2-248.1,
18.2-250, or 18.2-250.1
3.2-4164, 3.2-4165, 3.2-4167, 3.2-4169, 3.2-4170, 3.2-4172, or 3.2-4177
for the possession, growing, dealing, or processing of industrial hemp. In any
complaint, information, or indictment, and in any action or proceeding brought
for the enforcement of any provision of Article 1 (§18.2-247 et seq.) of
Chapter 7 of Title 18.2 or the Drug Control Act (§54.1-3400 et seq.), it shall
not be necessary to negate any exception, excuse, proviso, or exemption
contained in this chapter or the Drug Control Act, and the burden of proof of
any such exception, excuse, proviso, or exemption shall be on the defendant.
B. Nothing in this chapter shall be construed to authorize any person to violate any federal law or regulation.
C. No person shall be prosecuted under §
18.2-247, 18.2-248, 18.2-248.01, 18.2-248.1, 18.2-250, or 18.2-250.1 3.2-4164, 3.2-4165, 3.2-4167, 3.2-4169, 3.2-4170,
3.2-4172, or 3.2-4177 for the involuntary growth of
industrial hemp through the inadvertent natural spread of seeds or pollen as a result
of proximity to a production field, dealership, or process site.
§ 3.2-4121. Definitions.
As used in this chapter, unless the context requires a different meaning:
"Child-resistant" means, with respect to packaging or a container: (i) specially designed or constructed to be significantly difficult for a typical child under five years of age to open and not to be significantly difficult for a typical adult to open and reseal and (ii) with respect to any product intended for more than a single use or that contains multiple servings, resealable.
"Cultivation" or "cultivate" means the planting, propagation, growing, harvesting, drying, curing, grading, trimming, or other similar processing of marijuana for use or sale. "Cultivation" or "cultivate" does not include manufacturing or testing.
"Edible marijuana product" means a marijuana product intended to be consumed orally, including any type of food, drink, or pill containing marijuana or marijuana concentrate.
"Licensed premises" means the premises specified in a license to operate a marijuana establishment within which the licensee is authorized under this chapter and the regulations adopted pursuant to this chapter to cultivate, manufacture, test, or sell retail marijuana or retail marijuana products.
"Licensee" means a person licensed pursuant to this chapter to operate a marijuana establishment.
"Locality" means counties, cities, towns, authorities, or special districts in the Commonwealth.
"Local license" means a licensed issued by a locality pursuant to §3.2-4150 that permits a person to operate a marijuana establishment in such locality.
"Manufacturing" or "manufacture" means the production of marijuana products or the blending, infusing, compounding, or other preparation of marijuana and marijuana products, including marijuana extraction or preparation by means of chemical synthesis. "Manufacturing" or "manufacture" does not include cultivation or testing.
"Marijuana" means any part of a plant of the genus Cannabis whether growing or not, its seeds, or its resin; and every compound, manufacture, salt, derivative, mixture, or preparation of such plant, its seeds, or its resin. "Marijuana" does not include any oily extract containing one or more cannabinoids unless such extract contains less than 12 percent of tetrahydrocannabinol by weight, nor does "marijuana" include the mature stalks of such plant, fiber produced from such stalk, or oil or cake made from the seeds of such plant, unless such stalks, fiber, oil, or cake is combined with other parts of plants of the genus Cannabis. "Marijuana" does not include (i) industrial hemp, as defined in §3.2-4112, that is possessed by a person registered pursuant to §3.2-4115 or his agent or (ii) a hemp product, as defined in §3.2-4112, containing a tetrahydrocannabinol concentration of no greater than 0.3 percent that is derived from industrial hemp, as defined in §3.2-4112, that is grown, dealt, or processed in compliance with state or federal law.
"Marijuana concentrate" means marijuana that has undergone a process to concentrate one or more active cannabinoids, thereby increasing the product's potency. Resin from granular trichomes from a marijuana plant is a concentrate for purposes of this chapter.
"Marijuana cultivation facility" means a facility licensed under this chapter to purchase marijuana plants and seeds from other marijuana cultivation facilities; to cultivate, label, and package marijuana; to transfer possession of retail marijuana to marijuana secure transporters; to sell marijuana to marijuana manufacturing facilities, to retail marijuana stores, and to other marijuana cultivation facilities; and to sell marijuana plants and seeds to other marijuana cultivation facilities and immature marijuana plants and seedlings to retail marijuana stores.
"Marijuana establishment" means a marijuana cultivation facility, a marijuana testing facility, a marijuana manufacturing facility, a marijuana secure transporter, a retail marijuana store, or a marijuana microbusiness.
"Marijuana manufacturing facility" means a facility licensed under this chapter to purchase marijuana from a marijuana cultivation facility or another marijuana manufacturing facility; to manufacture, label, and package marijuana and marijuana products; to transfer possession of its retail marijuana and retail marijuana products to marijuana secure transporters; and to sell marijuana and marijuana products to marijuana stores and to other marijuana manufacturing facilities.
"Marijuana microbusiness" means a facility licensed under this chapter to cultivate not more than 150 marijuana plants; to prepare, manufacture, label, and package marijuana and marijuana products obtained from such plants; and to sell such marijuana and marijuana products to consumers. A "marijuana microbusiness" may not sell or otherwise transfer marijuana to any other marijuana establishment.
"Marijuana paraphernalia" means all equipment, products, and materials of any kind that are either designed for use or are intended for use in planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing, strength testing, analyzing, packaging, repackaging, storing, containing, concealing, ingesting, inhaling, or otherwise introducing into the human body marijuana.
"Marijuana products" means products that are composed of marijuana and other ingredients and are intended for use or consumption, including edible products, ointments, and tinctures.
"Marijuana secure transporter" means a person licensed under this chapter to obtain marijuana from a marijuana establishment and transport such marijuana to another marijuana establishment.
"Marijuana testing facility" means a facility licensed under this chapter to develop, research, and test marijuana, marijuana products, and other substances.
"Non-retail marijuana" means marijuana that is not cultivated, manufactured, or sold by a licensed marijuana establishment.
"Non-retail marijuana products" means marijuana products that are not manufactured and sold by a licensed marijuana establishment.
"Person" means any individual, group of individuals, firm, company, corporation, partnership, business, trust, association, or other legal entity.
"Retail marijuana" means marijuana that is cultivated, manufactured, or sold by a licensed marijuana establishment or that is cultivated or manufactured by a person pursuant to § 3.2-4162.
"Retail marijuana products" means marijuana products that are manufactured and sold by a licensed marijuana establishment or that are manufactured by a person pursuant to §3.2-4162.
"Retail marijuana store" means a facility licensed under this chapter to purchase marijuana, immature marijuana plants, and seedlings from a marijuana cultivation facility; to purchase marijuana and marijuana products from a marijuana manufacturing facility; to receive possession of retail marijuana and retail marijuana products from marijuana secure transporters; and to sell retail marijuana, retail marijuana products, immature marijuana plants, and seedlings to consumers.
"State license" means a license issued by the Board that permits a person to operate a marijuana establishment.
"Testing" or "test" means the research and analysis of marijuana, marijuana products, or other substances for contaminants, safety, or potency. "Testing" or "test" does not include cultivation or manufacturing.
"Unreasonably impracticable" means that the measures necessary to comply with the regulations or ordinances adopted pursuant to this chapter subject licensees to unreasonable risk or require such a high investment of money, time, or any other resource or asset that a reasonably prudent businessperson would not operate the marijuana establishment.
§3.2-4122. Powers and duties of the Board.
The Board shall have the following powers and duties in regard to administering the provisions of this chapter:
1. Adopt regulations in accordance with the Administrative Process Act (§2.2-4000 et seq.) and § 3.2-4123;
2. Hold and conduct hearings, issue subpoenas requiring the attendance of witnesses and the production of records, memoranda, papers, and other documents before the Board, and administer oaths and take testimony thereunder. The Board may authorize any Board member to hold and conduct hearings, issue subpoenas, administer oaths, and take testimony thereunder, and decide cases, subject to final decision by the Board, on application of any party aggrieved. The Board may enter into consent agreements and may request and accept from any applicant or licensee a consent agreement in lieu of proceedings on (i) objections to the issuance of a license or (ii) disciplinary action. Any such consent agreement shall include findings of fact and may include an admission or a finding of a violation. A consent agreement shall not be considered a case decision of the Board and shall not be subject to judicial review under the provisions of the Administrative Process Act (§2.2-4000 et seq.) but may be considered by the Board in future disciplinary hearings;
3. Grant, suspend, and revoke licenses for the cultivation, manufacture, transportation, sale, and testing of retail marijuana and retail marijuana products as provided by law;
4. Assess and collect civil penalties and civil charges for violations of this chapter and Board regulations;
5. Employ personnel and contract with advisors and consultants as necessary to adequately perform its duties;
6. Hold at least four public meetings each calendar year for the purpose of hearing complaints and receiving the views of the public with respect to the administration of this chapter;
7. Submit an annual report to the Governor and the General Assembly on or before December 15 of each year. Such report shall contain the following information for the year ending the previous June 30: (i) the number of state licenses of each category issued; (ii) demographic information concerning the licensees; (iii) a description of enforcement and disciplinary actions taken against licensees; and (iv) a statement of revenues and expenses of the Board related to the implementation, administration, and enforcement of this chapter. Such report shall be governed by the provisions of § 2.2-608; and
8. Do all acts necessary or advisable to carry out the purposes of this chapter.
§3.2-4123. Authority of the Board to adopt regulations.
A. The Board may adopt reasonable regulations, not inconsistent with this chapter or the general laws of the Commonwealth, that it deems necessary to carry out the provisions of this chapter and to prevent the illegal cultivation, manufacture, sale, and testing of retail marijuana and retail marijuana products.
B. The Board may also adopt regulations to provide for the issuance of additional types or classes of state licenses to operate marijuana-related businesses, including licenses that authorize only limited cultivation, manufacturing, transportation, delivery, storage, sale, or purchase of marijuana, licenses that authorize the consumption of retail marijuana and retail marijuana products within designated areas, licenses that authorize the consumption of retail marijuana and retail marijuana products at special events in limited areas and for a limited time, licenses that authorize cultivation for purposes of propagation, and licenses intended to facilitate scientific research or education.
C. The Board shall adopt regulations pursuant to this chapter in accordance with the Administrative Process Act (§2.2-4000 et seq.).
D. Board regulations shall be uniform in their application.
E. Courts shall take judicial notice of Board regulations.
F. The Board's power to regulate shall be broadly construed.
§3.2-4124. Regulations.
A. The Board shall adopt regulations pursuant to § 3.2-4123 that:
1. Develop such forms, licenses, identification cards, and applications as are necessary or convenient for the administration of this chapter;
2. Prescribe procedures for issuing, renewing, suspending, and revoking a state license;
3. Provide a schedule of application, licensing, and renewal fees for marijuana establishments in amounts not more than necessary to pay for the implementation, administration, and enforcement costs of this chapter and that are proportional to the size of each category of licensee or the volume of business conducted by each category of licensee;
4. Provide a schedule of penalties and fines for violations of this chapter or regulations adopted hereunder;
5. Establish requirements for all licensees under this chapter for the form, content, and retention of all records and accounts;
6. Ensure compliance with the provisions of this chapter by requiring inspections of all licensees at a frequency determined by the Board;
7. Govern the outdoor cultivation of marijuana by a marijuana cultivation facility licensee, including security requirements to include lighting, physical security, and alarm requirements, provided that such requirements do not prohibit the cultivation of marijuana outdoors or in a greenhouse;
8. Establish requirements for securely transporting marijuana between marijuana establishments;
9. Establish sanitary standards for retail marijuana product preparation;
10. Establish a testing program for retail marijuana and retail marijuana products pursuant to §3.2-4153;
11. Establish requirements for health and safety warning labels to be placed on retail marijuana and retail marijuana products to be sold or offered for sale by a licensee to a consumer in accordance with the provisions of this chapter;
12. Establish a maximum tetrahydrocannabinol level for retail marijuana products;
13. Establish reasonable time, place, and manner restrictions on outdoor advertising of retail marijuana and retail marijuana products, not inconsistent with the provisions of this chapter, so that such advertising does not encourage or otherwise promote the use or consumption of retail marijuana or retail marijuana products by persons under 21 years of age. Such regulations shall permit (i) any outdoor signage or advertising not otherwise prohibited by this chapter and (ii) the display of outdoor retail marijuana or retail marijuana product advertising on lawfully erected billboard signs regulated under Chapter 12 (§33.2-1200 et seq.) of Title 33.2 where such signs are located on commercial real estate as defined in §55.1-1100, but only in accordance with this chapter;
14. Prescribe which hours or days, if any, that retail marijuana or retail marijuana products shall not be sold by retail marijuana store licensees;
15. Establish a plan to promote and encourage participation in the marijuana industry by people from communities that have been disproportionately impacted by marijuana prohibition and enforcement and to positively impact those communities; and
16. Require retail marijuana store licensees to file an appeal from any hearing decision rendered by a hearing officer within 30 days of the date the notice of the decision is sent. The notice shall be sent to the licensee at the address on record with the Board by certified mail, return receipt requested, and by regular mail.
B. The Board shall not adopt regulations that:
1. Establish a limit on the number of any type of state licenses that may be granted;
2. Require a customer to provide a retail marijuana store with identifying information other than identification necessary to determine the customer's age or require the retail marijuana store to acquire or record personal information about customers other than information typically required in a retail transaction; or
3. Are unreasonably impracticable.
§3.2-4125. Hearings; representation by counsel.
Any licensee or applicant for any license granted by the Board shall have the right to be represented by counsel at any Board hearing for which he has received notice but shall not be required to be represented by counsel during such hearing.
§3.2-4126. Hearings; allowances to witnesses.
Witnesses subpoenaed to appear on behalf of the Board shall be entitled to the same allowance for expenses as witnesses for the Commonwealth in criminal cases in accordance with §17.1-611. Such allowances shall be paid out of the fund from which other costs incurred by the Board are paid upon certification to the Comptroller.
§3.2-4127. Seed-to-sale tracking system.
To ensure that no retail marijuana grown or processed by a marijuana establishment is sold or otherwise transferred except by a retail marijuana store or as otherwise authorized by law, the Board shall develop and maintain a seed-to-sale tracking system that tracks retail marijuana from either the seed or immature plant stage until the retail marijuana or retail marijuana product is sold to a customer at a retail marijuana store.
§3.2-4128. Employment practices.
An employer:
1. Shall not be required to permit or accommodate the use, consumption, possession, trade, display, transportation, sale, or cultivation of marijuana or marijuana products in the workplace;
2. May enact and enforce workplace policies restricting the use of marijuana and marijuana products by employees in the workplace or while otherwise engaged in activities within the course and scope of employment; and
3. May discipline employees who are under the influence of marijuana in the workplace or while otherwise engaged in activities within the course and scope of employment in accordance with the employer's workplace policies regarding the use of marijuana and marijuana products by employees.
§3.2-4129. Prohibition or regulation of retail marijuana and retail marijuana products on private property.
A person shall not be prohibited from prohibiting or otherwise regulating the cultivation, manufacture, testing, distribution, sale, display, or consumption of retail marijuana or retail marijuana products on property such person owns, occupies, or manages, provided that a lease agreement may not prohibit a tenant from lawfully possessing and consuming retail marijuana or retail marijuana products by means other than smoking.
§3.2-4130. Custody or visitation with a minor.
A person shall not be denied custody or visitation with a minor due to conduct that is permitted by this chapter, unless such person's behavior is such that it creates an unreasonable danger to the minor that can be clearly articulated and substantiated.
§3.2-4131. General licensing requirements; penalty.
A. An applicant for a license to operate a marijuana establishment shall submit an application to the Board on forms provided by the Board, accompanied by any fees required by the Board, and meet each of the following requirements, if applicable. Except as otherwise provided in this section, if the applicant is a business entity, every officer, director, manager, and general partner of the business entity shall meet each of the requirements of this section. An applicant shall disclose in or include with its application the names and addresses of the applicant and all natural persons and business entities having a direct or indirect financial interest in the applied-for license and the nature and extent of the financial interest held by each such person or entity and, if applicable, the nature and extent of any financial interest the person or entity has in any other license applied for or issued under this chapter.
1. The applicant shall be at least 21 years of age. If the applicant is a business entity, every officer, director, manager, and general partner of the business entity shall be at least 21 years of age.
2. The applicant shall not have had a license, permit, certificate, or other government-issued authorization issued in another jurisdiction allowing the cultivation, manufacture, testing, or sale of marijuana or marijuana products revoked.
3. The applicant shall not have been convicted within seven years of the date of application in any state, territory, or foreign jurisdiction of any felony, nor within seven years of the date of application shall the applicant have been convicted of an offense in another state, territory, or foreign jurisdiction, which if committed in Virginia would be a felony. Such conviction shall be treated as a felony conviction under this section regardless of its designation in the other state, territory, or foreign jurisdiction. Any applicant who has been convicted of a felony seven years or more prior to the date of the application shall have completed all terms of sentencing and probation in order to be eligible for a license. For purposes of this subdivision, the term "felony" shall not include any violation of §3.2-4167, 3.2-4168, 3.2-4169, 3.2-4170, 3.2-4172, 3.2-4173, 3.2-4174, 3.2-4176, 3.2-4177, 3.2-4178, 3.2-4194, 3.2-4195, or 3.2-4171.
a. The applicant shall submit fingerprints and personal descriptive information to the Board.
b. The Board shall forward the personal descriptive information along with the applicant's fingerprints through the Central Criminal Records Exchange to the Federal Bureau of Investigation for the purpose of obtaining a national criminal history record information check regarding such applicant. The cost of the fingerprinting and criminal history record information check shall be paid by the applicant.
c. The Central Criminal Records Exchange, upon receipt of an applicant's record or notification that no record exists, shall make a report to the Board.
d. If an applicant is denied a license because of the information appearing in his criminal history record, the Board shall notify the applicant that information obtained from the Central Criminal Records Exchange contributed to such denial. The information shall not be disseminated except as provided for in this section.
4. The applicant shall not be a manufacturer, distributor, or retailer of alcoholic beverages licensed under Chapter 2 (§4.1-200 et seq.) of Title 4.1 nor shall the applicant be a retailer of tobacco or tobacco products.
B. Any application filed pursuant to this section shall be verified by the oath or affirmation of the applicant or an officer of the applicant that all of the information contained therein is true. Any person who knowingly makes a false statement to the Board for the purposes of obtaining a license under this chapter is guilty of a Class 4 felony. The Board shall revoke the license of a licensee if, subsequent to the issuance of the license, the Board determines that the licensee knowingly or recklessly made a false statement of material fact to the Board in applying for the license.
C. Upon receipt of a complete application and application fee, the Board shall forward a copy of the application to the locality in which the marijuana establishment is proposed to be located, determine whether the applicant and the premises qualify for the state license by meeting the requirements of this chapter and Board regulations, and issue the appropriate license or send the applicant a notice of rejection within 90 days setting forth the specific reasons why the Board did not approve the state license application.
§3.2-4132. Notice to localities.
The Board shall notify the local governing body wherein each marijuana establishment is proposed to be located through the county or city attorney or the chief law-enforcement officer of the locality of each license application that is received by the Board. Local governing bodies shall notify the Board whether the proposed marijuana establishment is in compliance with any ordinance adopted by the locality pursuant to §3.2-4150 and in effect at the time of the application and submit any other objections to the granting of a license within 30 days of the filing of the application.
If a locality limits the number of marijuana establishments that may be licensed in such locality through an ordinance adopted pursuant to §3.2-4150 and such limit prevents the Board from issuing a state license to all applicants who meet the licensing requirements of this chapter, the locality shall select which of the competing applications to forward to the Board for approval in a competitive process intended to select applicants who are best suited to operate in compliance with the provisions of this chapter within the locality.
§3.2-4133. Multiple licenses awarded to one person permitted; exceptions.
A. As used in this section, "interest" means an equity ownership interest or a partial equity ownership interest or any other type of financial interest, including but not limited to being an investor or serving in a management position.
B. A person shall be permitted to possess one or any combination of the following licenses: marijuana cultivation facility license, marijuana manufacturing facility license, or retail marijuana store license. However, no licensee who has been issued either a marijuana cultivation facility license, marijuana manufacturing facility license, or retail marijuana store license shall be issued a marijuana testing facility license, marijuana secure transporter license, or marijuana microbusiness license or have any interest in a marijuana testing facility licensee, marijuana secure transporter licensee, or marijuana microbusiness licensee. Additionally, no licensee who has been issued a marijuana testing facility license, marijuana secure transporter license, or marijuana microbusiness license shall be issued a marijuana cultivation facility license, marijuana manufacturing facility license, or retail marijuana store license or have any interest in a marijuana cultivation facility licensee, marijuana manufacturing facility licensee, or retail marijuana store licensee.
C. Additionally, no person shall be permitted to have any interest in more than five marijuana cultivation facility licensees or in more than one marijuana microbusiness licensee. However, the Board may approve an application from a person who holds an interest in more than five marijuana cultivation facility licensees or in more than one marijuana microbusiness licensee if, after January 1, 2023, the Board adopts a regulation authorizing a person to hold an interest in more than five marijuana cultivation facility licensees or in more than one marijuana microbusiness licensee.
§3.2-4134. Each license separate; posting; expiration.
A. Each license granted by the Board to an applicant under this chapter is separate and distinct from any other license issued by the Board to that same applicant under this chapter.
B. Each license granted by the Board shall designate the place where the business of the licensee will be carried out.
C. Each license shall be posted in a location conspicuous to the public at the place where the licensee carries out the business for which the license is granted.
D. The privileges conferred by any license granted by the Board shall continue until the last day of the twelfth month next ensuing or the last day of the designated month and year of expiration, except the license may be sooner terminated for any cause for which the Board would be entitled to refuse to grant a license or by operation of law, voluntary surrender, or order of the Board.
E. The Board may grant licenses for one year or for multiple years, not to exceed three years. Qualifications for a multiyear license shall be determined on the basis of criteria established by the Board. Fees for multiyear licenses shall not be refundable.
§3.2-4135. Licensee shall maintain possession of premises.
As a condition of licensure, a licensee shall at all times maintain possession of the licensed premises of the marijuana establishment that the licensee is licensed to operate, whether pursuant to a lease, rental agreement, or other arrangement for possession of the premises or by virtue of ownership of the premises. If the licensee fails to maintain possession of the licensed premises, the license shall be revoked by the Board.
§3.2-4136. Conditions under which Board may refuse to grant licenses.
The Board may refuse to grant any license if it has reasonable cause to believe that:
1. The applicant, or if the applicant is a business entity, any officer, director, manager, or general partner of the business entity:
a. Is not 21 years of age or older;
b. Is not a resident of the Commonwealth;
c. Has been convicted in any court of a felony under the laws of any state, or of the United States, within seven years of the date of the application or has not completed all terms of sentencing and probation resulting from any such felony conviction. For purposes of this subdivision, the term "felony" shall not include any violation of §3.2-4167, 3.2-4168, 3.2-4169, 3.2-4170, 3.2-4172, 3.2-4173, 3.2-4174, 3.2-4176, 3.2-4177, 3.2-4178, 3.2-4194, 3.2-4195, or 3.2-4171;
d. Is not a person of good moral character and repute;
e. Is not the legitimate owner of the business proposed to be licensed, or other persons have ownership interests in the business that have not been disclosed;
f. Has not demonstrated financial responsibility sufficient to meet the requirements of the business proposed to be licensed;
g. Has misrepresented a material fact in applying to the Board for a license;
h. Has defrauded or attempted to defraud the Board, or any federal, state, or local government or governmental agency or authority, by making or filing any report, document, or tax return required by statute or regulation that is fraudulent or contains a false representation of a material fact; or has willfully deceived or attempted to deceive the Board, or any federal, state, or local government or governmental agency or authority, by making or maintaining business records required by statute or regulation that are false or fraudulent; or
i. Is a member or employee of the Board.
2. The place to be occupied by the applicant:
a. Does not conform to the requirements of the governing body of the county, city, or town in which such place is located with respect to sanitation, health, construction, or equipment, or to any similar requirements established by the laws of the Commonwealth or by Board regulation;
b. Is so located that granting a license and operation thereunder by the applicant would result in violations of this chapter or Board regulations or violation of the laws of the Commonwealth or local ordinances relating to peace and good order;
c. Is so located with respect to any church or synagogue; hospital; public, private, or parochial school or institution of higher education; public or private playground or other similar recreational facility; or state, local, or federal government-operated facility that the operation of such place under such license will adversely affect or interfere with the normal, orderly conduct of the affairs of such facilities or institutions;
d. Is located in an area zoned exclusively for residential use or within 1,000 feet of a public or private elementary or secondary school; or
e. Is so located with respect to any residence or residential area that the operation of such place under such license will adversely affect real property values or substantially interfere with the usual quietude and tranquility of such residence or residential area.
3. There exists any law, ordinance, or regulation of the United States, the Commonwealth, or any political subdivision thereof that warrants refusal by the Board to grant any license.
4. The Board is not authorized under this chapter to grant such license.
§3.2-4137. Conditions under which the Board shall refuse to grant licenses.
The Board shall refuse to grant any license to any member or employee of the Board or to any corporation or other business entity in which such member or employee is a stockholder or has any other economic interest.
Whenever any other elected or appointed official of the Commonwealth or any political subdivision thereof applies for such a license or continuance thereof, he shall state on the application the official position he holds, and whenever a corporation or other business entity in which any such official is a stockholder or has any other economic interest applies for such a license, it shall state on the application the full economic interests of each such official in such corporation or other business entity.
§3.2-4138. Hearing for refusal to grant licenses; Administrative Process Act.
The action of the Board in granting or in refusing to grant any license shall be subject to judicial review in accordance with the Administrative Process Act (§2.2-4000 et seq.). Such review shall extend to the entire evidential record of the proceedings provided by the Board in accordance with the Administrative Process Act. An appeal shall lie to the Court of Appeals from any order of the court. Notwithstanding §8.01-676.1, the final judgment or order of the circuit court shall not be suspended, stayed, or modified by such circuit court pending appeal to the Court of Appeals. Neither mandamus nor injunction shall lie in any such case.
§3.2-4139. Grounds for which Board may suspend or revoke licenses.
The Board may suspend or revoke any license if it has reasonable cause to believe that:
1. The licensee, or if the licensee is a business entity, any officer, director, manager, or general partner of the business entity:
a. Has misrepresented a material fact in applying to the Board for such license;
b. Within the five years immediately preceding the date of the hearing held in accordance with § 3.2-4138, has (i) been convicted of a violation of any law, ordinance, or regulation of the Commonwealth or other political subdivision thereof, of any state, or of the United States or other political subdivision thereof applicable to the cultivation, manufacture, sale, or testing of marijuana or marijuana products; (ii) violated any provision of Article 7 (§3.2-4164 et seq.); (iii) violated or failed or refused to comply with any regulation or order of the Board; or (iv) failed or refused to comply with any of the conditions or restrictions of the license granted by the Board;
c. Has been convicted in any court of a felony under the laws of any state or of the Commonwealth after the date of initial licensure;
d. Is not the legitimate owner of the business conducted under the license granted by the Board, or other persons have ownership interests in the business that have not been disclosed;
e. Cannot demonstrate financial responsibility sufficient to meet the requirements of the business conducted under the license granted by the Board;
f. Has maintained the licensed premises in an unsanitary condition;
g. Knowingly employs in the business conducted under such license any person, as agent or employee, who has been convicted in any court of a felony within one and one-half years prior to the commencement of such employment or who has not completed all terms of sentencing and probation resulting from any such felony conviction;
h. Has allowed any person to consume upon the licensed premises any marijuana or marijuana products except as provided under this chapter; or
i. Has upon the licensed premises (i) illegally possessed, distributed, sold, or used, or has knowingly allowed any employee or agent, or any other person, to illegally possess, distribute, sell, or use controlled substances, imitation controlled substances, drug paraphernalia, or controlled paraphernalia as those terms are defined in Articles 1 (§18.2-247 et seq.) and 1.1 (§18.2-265.1 et seq.) of Chapter 7 of Title 18.2 and the Drug Control Act (§54.1-3400 et seq.); (ii) laundered money in violation of § 18.2-246.3; or (iii) conspired to commit any drug-related offense in violation of Article 1 or 1.1 of Chapter 7 of Title 18.2 or the Drug Control Act. The provisions of this subdivision shall also apply to any conduct related to the operation of the licensed business that facilitates the commission of any of the offenses set forth herein.
2. The place occupied by the licensee:
a. Does not conform to the requirements of the governing body of the county, city, or town in which such establishment is located, with respect to sanitation, health, construction, or equipment or to any similar requirements established by the laws of the Commonwealth or by Board regulations; or
b. Has been adjudicated a common nuisance under §18.2-258.
§3.2-4140. Grounds for which Board shall suspend or revoke licenses.
The Board shall suspend or revoke any license if it finds that a licensee has defrauded or attempted to defraud the Board, or any federal, state, or local government or governmental agency or authority, by making or filing any report, document, or tax return required by statute or regulation that is fraudulent or contains a willful or knowing false representation of a material fact or has willfully deceived or attempted to deceive the Board, or any federal, state, or local government or governmental agency or authority, by making or maintaining business records required by statute or regulation that are false or fraudulent.
§3.2-4141. Suspension or revocation of licenses; notice and hearings; imposition of penalties.
A. Before the Board may suspend or revoke any license, reasonable notice of such proposed or contemplated action shall be given to the licensee in accordance with the provisions of §2.2-4020 of the Administrative Process Act.
Notwithstanding the provisions of §2.2-4022, the Board shall, upon written request by the licensee, permit the licensee to inspect and copy or photograph all (i) written or recorded statements made by the licensee or copies thereof or the substance of any oral statements made by the licensee or a previous or present employee of the licensee to any law-enforcement officer, the existence of which is known by the Board and upon which the Board intends to rely as evidence in any adversarial proceeding under this chapter against the licensee, and (ii) designated books, papers, documents, tangible objects, buildings, or places, or copies or portions thereof, that are within the possession, custody, or control of the Board and upon which the Board intends to rely as evidence in any adversarial proceeding under this chapter against the licensee. In addition, any subpoena for the production of documents issued to any person at the request of the licensee or the Board pursuant to §3.2-4122 shall provide for the production of the documents sought within 10 working days, notwithstanding anything to the contrary in §3.2-4122.
If the Board fails to provide for inspection or copying under this section for the licensee after a written request, the Board shall be prohibited from introducing into evidence any items the licensee would have lawfully been entitled to inspect or copy under this section.
The action of the Board in suspending or revoking any license shall be subject to judicial review in accordance with the Administrative Process Act (§ 2.2-4000 et seq.). Such review shall extend to the entire evidential record of the proceedings provided by the Board in accordance with the Administrative Process Act. An appeal shall lie to the Court of Appeals from any order of the court. Notwithstanding §8.01-676.1, the final judgment or order of the circuit court shall not be suspended, stayed, or modified by such circuit court pending appeal to the Court of Appeals. Neither mandamus nor injunction shall lie in any such case.
B. In suspending any license, the Board may impose, as a condition precedent to the removal of such suspension or any portion thereof, a requirement that the licensee pay the cost incurred by the Board in investigating the licensee and in holding the proceeding resulting in such suspension, or it may impose and collect such civil penalties as it deems appropriate. In no event shall the Board impose a civil penalty exceeding $2,000 for the first violation occurring within five years immediately preceding the date of the violation or $5,000 for a second or subsequent violation occurring within five years immediately preceding the date of the second or subsequent violation. However, if the violation involved selling marijuana or marijuana products to a person prohibited from purchasing marijuana or marijuana products or allowing consumption of marijuana or marijuana products by underage or intoxicated persons, the Board may impose a civil penalty not to exceed $3,000 for the first violation occurring within five years immediately preceding the date of the violation and $6,000 for a second or subsequent violation occurring within five years immediately preceding the date of the second or subsequent violation in lieu of such suspension or any portion thereof, or both. Upon making a finding that aggravating circumstances exist, the Board may also impose a requirement that the licensee pay for the cost incurred by the Board not exceeding $10,000 in investigating the licensee and in holding the proceeding resulting in the violation in addition to any suspension or civil penalty incurred.
C. Following notice to (i) the licensee of a hearing that may result in the suspension or revocation of his license or (ii) the applicant of a hearing to resolve a contested application, the Board may accept a consent agreement as authorized in subdivision 2 of §3.2-4122. The notice shall advise the licensee or applicant of the option to (a) admit the alleged violation or the validity of the objection; (b) waive any right to a hearing or an appeal under the Administrative Process Act (§2.2-4000 et seq.); and (c) either (1) accept the proposed restrictions for operating under the license, (2) accept the period of suspension of the licensed privileges within the Board's parameters, (3) pay a civil penalty in lieu of the period of suspension, or any portion of the suspension as applicable, or (4) proceed to a hearing.
D. The Board shall, by regulation or written order:
1. Designate those (i) objections to an application or (ii) alleged violations that will proceed to an initial hearing;
2. Designate the violations for which a waiver of a hearing and payment of a civil charge in lieu of suspension may be accepted for a first offense occurring within three years immediately preceding the date of the violation;
3. Establish a schedule of penalties for such offenses, prescribing the appropriate suspension of a license and the civil charge acceptable in lieu of such suspension; and
4. Establish a schedule of offenses for which any penalty may be waived upon a showing that the licensee has had no prior violations within five years immediately preceding the date of the violation. No waiver shall be granted by the Board, however, for a licensee's willful and knowing violation of this chapter or Board regulations.
§3.2-4142. Marijuana cultivation facility license.
A. The Board may issue any of the following marijuana cultivation facility licenses, which shall authorize the licensee to purchase marijuana plants and seeds from other marijuana cultivation facilities; to cultivate, label, and package retail marijuana on premises approved by the Board; to transfer possession of its retail marijuana to marijuana secure transporters; to sell retail marijuana to marijuana manufacturing facilities, to retail marijuana stores, and to other marijuana cultivation facilities; and to sell marijuana plants and seeds to other marijuana cultivation facilities and immature marijuana plants and seedlings to retail marijuana stores:
1. Class A cultivation facility license, which shall authorize the licensee to cultivate not more than 100 marijuana plants;
2. Class B cultivation facility license, which shall authorize the licensee to cultivate not more than 500 marijuana plants; or
3. Class C cultivation facility license, which shall authorize the licensee to cultivate not more than 2,000 marijuana plants.
B. In accordance with the requirements of §3.2-4127, a marijuana cultivation facility licensee shall track the retail marijuana it cultivates from immature marijuana plant to the point at which the marijuana plant or the marijuana produced by the marijuana plant is delivered or transferred to a marijuana secure transporter, a marijuana manufacturing facility, a marijuana testing facility, a retail marijuana store, or another marijuana cultivation facility, or is disposed of or destroyed.
§3.2-4143. Marijuana manufacturing facility license.
A. The Board may issue marijuana manufacturing facility licenses, which shall authorize the licensee to purchase retail marijuana from a marijuana cultivation facility or another marijuana manufacturing facility; to manufacture, label, and package retail marijuana and retail marijuana products on premises approved by the Board; to transfer possession of its retail marijuana and retail marijuana products to marijuana secure transporters; and to sell retail marijuana and retail marijuana products to retail marijuana stores and to other marijuana manufacturing facilities.
B. Retail marijuana products shall be prepared on a licensed premises that is used exclusively for the manufacture and preparation of retail marijuana or retail marijuana products and using equipment that is used exclusively for the manufacture and preparation of retail marijuana products.
C. All areas within the licensed premises of a marijuana manufacturing facility in which adult-use marijuana and adult-use marijuana products are manufactured shall meet all sanitary standards specified in regulations adopted by the Board.
D. In accordance with the requirements of §3.2-4127, a marijuana manufacturing facility licensee shall track the retail marijuana it uses in its manufacturing processes from the point the retail marijuana is delivered or transferred to the marijuana manufacturing facility by a marijuana cultivation facility to the point the retail marijuana or retail marijuana products produced using the retail marijuana are delivered or transferred to a marijuana secure transporter, another marijuana manufacturing facility, a marijuana testing facility, or a retail marijuana store or are disposed of or destroyed.
§3.2-4144. Marijuana secure transporter license.
A. The Board may issue marijuana secure transporter licenses, which shall authorize the licensee to obtain retail marijuana or retail marijuana products from a marijuana establishment and transport such marijuana to another marijuana establishment on behalf of the marijuana establishment.
A marijuana secure transporter may not hold title to retail marijuana or retail marijuana products.
B. In accordance with the requirements of §3.2-4127, a marijuana secure transporter licensee shall track the retail marijuana or retail marijuana products that it receives from a marijuana establishment to the point at which such retail marijuana or retail marijuana products are delivered or transferred to the recipient retail marijuana establishment.
§3.2-4145. Marijuana testing facility license.
A. The Board may issue marijuana testing facility licenses, which shall authorize the licensee to develop, research, and test retail marijuana, retail marijuana products, and other substances.
B. A marijuana testing facility may develop, research, and test retail marijuana and retail marijuana products for (i) that facility, (ii) another licensee, or (iii) a person who intends to use the marijuana or marijuana product for personal use as authorized under §3.2-4161.
C. Neither this chapter nor the regulations adopted pursuant to this chapter shall prevent a marijuana testing facility from developing, researching, or testing substances that are not marijuana or marijuana products for that facility or for another person.
D. To obtain licensure from the Board, a marijuana testing facility shall be required to obtain and maintain accreditation pursuant to standard ISO/IEC 17025 of the International Organization for Standardization by a third-party accrediting body.
E. In accordance with the requirements of §3.2-4127, a marijuana testing facility licensee shall track all adult-use marijuana and adult-use marijuana products it receives from a licensee for testing purposes from the point at which the marijuana or marijuana products are delivered or transferred to the marijuana testing facility to the point at which the marijuana or marijuana products are disposed of or destroyed.
F. A person that has an interest in a marijuana testing facility license shall not have any interest in a licensed marijuana cultivation facility, a licensed marijuana products manufacturer, a licensed marijuana secure transporter, a licensed retail marijuana store, or a licensed marijuana microbusiness. A person that has an interest in a licensed marijuana cultivation facility, a licensed marijuana products manufacturer, a licensed marijuana secure transporter, a licensed retail marijuana store, or a licensed marijuana microbusiness shall not have an interest in a facility that has a marijuana testing facility license.
§3.2-4146. Retail marijuana store license.
A. The Board may issue retail marijuana store licenses, which shall authorize the licensee to purchase retail marijuana, immature marijuana plants, and seedlings from a marijuana cultivation facility; to purchase retail marijuana and retail marijuana products from a marijuana manufacturing facility; to receive possession of retail marijuana and retail marijuana products from marijuana secure transporters; and to sell retail marijuana, retail marijuana products, immature marijuana plants, flowering marijuana plants, and seedlings to consumers on premises approved by the Board.
B. Retail marijuana stores shall be operated in accordance with the following provisions:
1. A person shall be 21 years of age or older to make a purchase in a retail marijuana store.
2. A retail marijuana store shall be permitted to sell retail marijuana, retail marijuana products, immature marijuana plants, flowering marijuana plants, and seedlings to consumers only in a direct, face-to-face exchange. Such store shall not be permitted to sell marijuana, marijuana products, immature marijuana plants, flowering marijuana plants, and seedlings using:
a. An automated dispensing or vending machine;
b. A drive-through sales window;
c. An Internet-based sales platform; or
d. A delivery service.
3. A retail marijuana store shall not be permitted to sell more than the following during a single transaction to one person:
a. Two and one-half ounces of retail marijuana;
b. Sixteen ounces of solid marijuana product;
c. Seventy-two ounces of liquid marijuana product;
d. Twelve immature marijuana plants; and
e. Six flowering marijuana plants.
However, a retail marijuana store shall be permitted to sell unlimited seedlings to one person during a single transaction.
4. A retail marijuana store may sell any other consumable or nonconsumable products that it is otherwise permitted by law to sell, excluding tobacco or alcohol.
5. A retail marijuana store shall not:
a. Give away any retail marijuana, retail marijuana products, immature marijuana plants, flowering marijuana plants, or seedlings; or
b. Sell retail marijuana, retail marijuana products, immature marijuana plants, flowering marijuana plants, or seedlings to any person when at the time of such sale he knows or has reason to believe that the person to whom the sale is made is intoxicated.
6. In accordance with the requirements of §3.2-4127, a retail marijuana store licensee shall track all retail marijuana and retail marijuana products from the point at which the retail marijuana or retail marijuana products are delivered or transferred to the retail marijuana store by a marijuana secure transporter, a marijuana cultivation facility, or a marijuana manufacturing facility to the point at which the retail marijuana or retail marijuana products are sold to a consumer, transferred to a marijuana secure transporter, delivered or transferred to a marijuana testing facility, or disposed of or destroyed.
§3.2-4147. Marijuana microbusiness license.
The Board may issue marijuana microbusiness licenses, which shall authorize the licensee to cultivate not more than 150 marijuana plants on premises approved by the Board; to manufacture, prepare, and package retail marijuana and retail marijuana products produced from such plants on such premises; and to sell such retail marijuana and retail marijuana products on such premises.
§3.2-4148. To whom privileges conferred by licenses extend; liability for violations of law.
The privilege of any licensee to sell marijuana or marijuana products shall extend to such licensee and to all agents or employees of such licensee for the purpose of selling marijuana or marijuana products under such license. The licensee may be held liable for any violation of this chapter or any Board regulation committed by such agents or employees in connection with their employment.
§3.2-4149. Use or consumption of marijuana or marijuana products on premises of licensee by licensee, agent, or employee.
No marijuana or marijuana products may be used or consumed on the premises of a licensee by the licensee or any agent or employee of the licensee, except for certain sampling for quality control purposes that may be permitted by Board regulation.
§3.2-4150. Local regulation of marijuana establishments generally; civil penalty.
A. This chapter shall not be interpreted to supersede or limit the authority of a locality to adopt and enforce local ordinances to regulate businesses licensed under this chapter, including local zoning and land use requirements and business license requirements, to completely prohibit the establishment or operation of one or more types of businesses licensed under this chapter within the locality, or to limit the number of one or more types of businesses licensed under this chapter that may operate within the locality.
B. The qualified voters of a locality may petition for the initiation of an ordinance completely prohibiting the establishment or operation of one or more types of businesses licensed under this chapter within the locality or limiting the number of one or more types of businesses licensed under this chapter that may operate within the locality. The petition shall be signed by qualified voters equal in number to at least 10 percent of the number registered in the locality on January 1 preceding its filing or at least 100 qualified voters, whichever is greater.
C. If a locality chooses to permit the establishment or operation of one or more types of businesses licensed under this chapter within the locality, the locality may adopt an ordinance providing licensing requirements applicable to marijuana establishments within the locality, which may include provisions establishing a local license fee schedule to defray application, administrative, and enforcement costs associated with the operation of the marijuana establishment in the locality, provided that no such license fee shall exceed $5,000 per year.
D. The locality may provide in any ordinance regulating marijuana establishments that if a person violates any or certain provisions of the ordinance, such person shall be subject to a civil penalty, provided that no such civil penalty shall exceed $500 per violation. Such civil penalties are payable to the Literary Fund.
§3.2-4151. Use or consumption of marijuana or marijuana products on premises of licensed retail marijuana store.
In accordance with the provisions of §3.2-4166, a locality may allow for the use or consumption of marijuana or marijuana products on the premises of a licensed retail marijuana store or at special events in limited areas and for a limited time if:
1. Access to the area where marijuana or marijuana product use or consumption is allowed is restricted to persons 21 years of age or older;
2. Marijuana or marijuana product use or consumption is not visible from any public place or non-age-restricted area; and
3. The sale or consumption of alcohol and tobacco is not permitted on the premises.
§3.2-4152. Prohibited ordinances.
A locality may not adopt a local ordinance that (i) restricts the transportation of retail marijuana or retail marijuana products through the locality, (ii) conflicts with the provisions of this chapter or regulations adopted by the Board, or (iii) is unreasonably impracticable.
§3.2-4153. Board to establish regulations for marijuana testing.
Subject to the requirements of §3.2-4154, the Board shall establish a testing program for marijuana and marijuana products. Except as otherwise provided in this article or otherwise provided by law, the program shall require a licensee, prior to selling or distributing retail marijuana or a retail marijuana product to a consumer or to another licensee, to submit a representative sample of the retail marijuana or retail marijuana product, not to exceed 10 percent of the total harvest or batch, to a licensed marijuana testing facility for testing to ensure that the retail marijuana or retail marijuana product does not exceed the maximum level of allowable contamination for any contaminant that is injurious to health and for which testing is required and to ensure correct labeling. The Board shall adopt regulations (i) establishing a testing program pursuant to this section; (ii) establishing acceptable testing and research practices, including regulations relating to testing practices, methods, and standards; quality control analysis; equipment certification and calibration; marijuana testing facility recordkeeping, documentation, and business practices; disposal of used, unused, and waste retail marijuana and retail marijuana products; and reporting of test results; (iii) identifying the types of contaminants that are injurious to health for which retail marijuana and retail marijuana products shall be tested under this article; and (iv) regarding the maximum level of allowable contamination for each contaminant.
§3.2-4154. Mandatory testing; scope; recordkeeping; notification; additional testing not required; required destruction.
A. A licensee may not sell or distribute retail marijuana or a retail marijuana product to a consumer or to another licensee under this chapter unless a representative sample of the retail marijuana or retail marijuana product has been tested pursuant to this article and the regulations adopted pursuant to this article and that mandatory testing has demonstrated that (i) the retail marijuana or retail marijuana product does not exceed the maximum level of allowable contamination for any contaminant that is injurious to health and for which testing is required and (ii) the labeling on the retail marijuana or retail marijuana product is correct.
B. Mandatory testing of retail marijuana and retail marijuana products under this section shall include testing for:
1. Residual solvents, poisons, and toxins;
2. Harmful chemicals;
3. Dangerous molds and mildew;
4. Harmful microbes, including but not limited to Escherichia coli and Salmonella;
5. Pesticides, fungicides, and insecticides; and
6. THC potency, homogeneity, and cannabinoid profiles to ensure correct labeling.
Testing shall be performed on the final form in which the retail marijuana or retail marijuana product will be consumed.
C. A licensee shall maintain a record of all mandatory testing that includes a description of the retail marijuana or retail marijuana product provided to the marijuana testing facility, the identity of the marijuana testing facility, and the results of the mandatory test.
D. If the results of a mandatory test conducted pursuant to this section indicate that the tested retail marijuana or retail marijuana product exceeds the maximum level of allowable contamination for any contaminant that is injurious to health and for which testing is required, the marijuana testing facility shall immediately quarantine, document, and properly destroy the retail marijuana or retail marijuana product, and within 30 days of completing the test shall notify the Department of the test results.
A marijuana testing facility is not required to notify the Department of the results of any test:
1. Conducted on retail marijuana or a retail marijuana product at the direction of a licensee pursuant to this section that demonstrates that the marijuana or marijuana product does not exceed the maximum level of allowable contamination for any contaminant that is injurious to health and for which testing is required;
2. Conducted on retail marijuana or a retail marijuana product at the direction of a licensee for research and development purposes only, so long as the licensee notifies the marijuana testing facility prior to the performance of the test that the testing is for research and development purposes only; or
3. Conducted on retail marijuana or a retail marijuana product at the direction of a person who is not a licensee.
E. Notwithstanding the foregoing, a licensee may sell or furnish to a consumer or to another licensee retail marijuana or a retail marijuana product that the licensee has not submitted for testing in accordance with this article and regulations adopted pursuant to this article if the following conditions are met:
1. The retail marijuana or retail marijuana product has previously undergone testing in accordance with this article and regulations adopted pursuant to this article at the direction of another licensee and that testing demonstrated that the retail marijuana or retail marijuana product does not exceed the maximum level of allowable contamination for any contaminant that is injurious to health and for which testing is required;
2. The mandatory testing process and the test results for the retail marijuana or retail marijuana product are documented in accordance with the requirements of this article and all applicable regulations adopted pursuant to this article;
3. Tracking from immature marijuana plant to the point of retail sale has been maintained for the retail marijuana or retail marijuana product and transfers of the retail marijuana or retail marijuana product to another licensee or to a consumer can be easily identified; and
4. Since the performance of the prior testing under subsection A, the retail marijuana or retail marijuana product has not undergone any further processing, manufacturing, or alteration.
F. Licensees shall be required to destroy harvested batches of retail marijuana or batches of retail marijuana products whose testing samples indicate noncompliance with the health and safety standards required by this article and the regulations adopted by the Board pursuant to this article, unless remedial measures can bring the retail marijuana or retail marijuana products into compliance with such required health and safety standards.
§ 3.2-4155. Labeling and packaging requirements; prohibitions.
A. Retail marijuana and retail marijuana products to be sold or offered for sale by a licensee to a consumer in accordance with the provisions of this chapter shall be labeled with the following information:
1. Identification of the type of marijuana or marijuana product and the date of cultivation, manufacturing, and packaging;
2. The license numbers of the marijuana cultivation facility, the marijuana manufacturing facility, and the retail marijuana store where the retail marijuana or retail marijuana product was cultivated, manufactured, and offered for sale, as applicable;
3. A statement of the net weight of the retail marijuana or retail marijuana product;
4. Information concerning (i) pharmacologically active ingredients, including tetrahydrocannabinol (THC), cannabidiol (CBD), and other cannabinoid content; (ii) the THC and other cannabinoid amount in milligrams per serving, the total servings per package, and the THC and other cannabinoid amount in milligrams for the total package; and (iii) the potency of the THC and other cannabinoid content;
5. Information on gases, solvents, and chemicals used in marijuana extraction, if applicable;
6. Instructions on usage;
7. For retail marijuana products, (i) a list of ingredients and possible allergens and (ii) a recommended use by date or expiration date;
8. For edible retail marijuana products, a nutritional fact panel;
9. The following statements, prominently displayed in bold print and in a clear and legible fashion:
a. For retail marijuana: "GOVERNMENT WARNING: THIS PACKAGE CONTAINS MARIJUANA. KEEP OUT OF REACH OF CHILDREN AND ANIMALS. MARIJUANA MAY ONLY BE POSSESSED OR CONSUMED BY PERSONS 21 YEARS OF AGE OR OLDER. MARIJUANA USE WHILE PREGNANT OR BREASTFEEDING MAY BE HARMFUL. CONSUMPTION OF MARIJUANA IMPAIRS YOUR ABILITY TO DRIVE AND OPERATE MACHINERY. PLEASE USE EXTREME CAUTION."
b. For retail marijuana products: " GOVERNMENT WARNING: THIS PACKAGE CONTAINS MARIJUANA. KEEP OUT OF REACH OF CHILDREN AND ANIMALS. MARIJUANA PRODUCTS MAY ONLY BE POSSESSED OR CONSUMED BY PERSONS 21 YEARS OF AGE OR OLDER. MARIJUANA USE WHILE PREGNANT OR BREASTFEEDING MAY BE HARMFUL. CONSUMPTION OF MARIJUANA IMPAIRS YOUR ABILITY TO DRIVE AND OPERATE MACHINERY. PLEASE USE EXTREME CAUTION."; and
10. Any other information required by Board regulations.
B. Retail marijuana and retail marijuana products to be sold or offered for sale by a licensee to a consumer in accordance with the provisions of this chapter shall be packaged in the following manner:
1. Retail marijuana and retail marijuana products shall be prepackaged in child-resistant, tamper-evident, and resealable packaging that is opaque or shall be placed at the final point of sale to a consumer in child-resistant, tamper-evident, and resealable packaging that is opaque;
2. Packaging for multiserving liquid marijuana products shall include an integral measurement component; and
3. Packaging shall comply with any other requirements imposed by Board regulations.
C. Retail marijuana and retail marijuana products to be sold or offered for sale by a licensee to a consumer in accordance with the provisions of this chapter shall not:
1. Be labeled or packaged in violation of a federal trademark law or regulation;
2. Be labeled or packaged in a manner that is specifically designed to appeal particularly to persons under 21 years of age;
3. Be labeled or packaged in a manner that obscures identifying information on the label;
4. Be labeled or packaged using a false or misleading label;
5. Be sold or offered for sale using a label or packaging that depicts a human, an animal, or fruit; and
6. Be labeled or packaged in violation of any other labeling or packaging requirements imposed by Board regulations.
§3.2-4156. Advertising and marketing restrictions.
A. As used in this section, unless the context requires a different meaning:
"Advertisement" includes any written or verbal statement, illustration, or depiction that is calculated to induce sales of retail marijuana or retail marijuana products, including any written, printed, graphic, or other material, billboard, sign, or other outdoor display, publication, or radio or television broadcast.
"Health-related statement" means any statement related to health and includes statements of a curative or therapeutic nature that, expressly or by implication, suggest a relationship between the consumption of retail marijuana or retail marijuana products and health benefits or effects on health.
"Market" or "marketing" means any act or process of promoting or selling retail marijuana or retail marijuana products, including point-of-sale advertising, and development of products specifically designed to appeal to certain demographics.
B. No person shall advertise in or send any advertising matter into the Commonwealth about or concerning retail marijuana or retail marijuana products other than those that may be legally manufactured in the Commonwealth under this chapter or Article 4.2 (§ 54.1-3442.5 et seq.) of Chapter 34 of Title 54.1.
C. Advertising or marketing used by or on behalf of a licensee:
1. Shall accurately and legibly identify the licensee responsible for its content by adding, at a minimum, the licensee's license number;
2. Shall not be misleading, deceptive, or false;
3. Shall not have a high likelihood of reaching persons under 21 years of age and shall not be designed to appeal particularly to persons under 21 years of age; and
4. Shall comply with any other provisions imposed by Board regulations.
D. Any advertising or marketing involving direct, individualized communication or dialogue controlled by the licensee shall utilize a method of age affirmation to verify that the recipient is 21 years of age or older before engaging in that communication or dialogue controlled by the licensee. For purposes of this subsection, that method of age affirmation may include user confirmation, birth date disclosure, or any other similar registration method.
E. A licensee shall not give away any amount of retail marijuana or retail marijuana products, or any marijuana accessories, as part of a business promotion or other commercial activity.
F. A licensee shall not include on the label of any retail marijuana or retail marijuana product or publish or disseminate advertising or marketing containing any health-related statement that is untrue in any particular manner or tends to create a misleading impression as to the effects on health of marijuana consumption.
G. All outdoor advertising of retail marijuana or retail marijuana products shall comply with the following:
1. No outdoor retail marijuana or retail marijuana product advertising shall be placed within 1,000 linear feet on the same side of the road, and parallel to such road, measured from the nearest edge of the sign face upon which the advertisement is placed to the nearest edge of a building or structure located on the real property of (i) a church, synagogue, mosque, or other place of religious worship; (ii) a public, private, or parochial school or an institution of higher education; (iii) a public or private playground or similar recreational facility; or (iv) a dwelling used for residential use. However, if there is no building or structure on a playground or similar recreational facility, the measurement shall be from the nearest edge of the sign face upon which the advertisement is placed to the property line of such playground or similar recreational facility.
2. If, at the time the advertisement was displayed, the advertisement was more than 1,000 feet from (i) a church, synagogue, mosque, or other place of religious worship; (ii) a public, private, or parochial school or an institution of higher education; (iii) a public or private playground or similar recreational facility; or (iv) a dwelling used for residential use, but the circumstances changed such that the advertiser would otherwise be in violation of subdivision 1, the Board shall permit the advertisement to remain as displayed for the remainder of the term of any written advertising contract, but in no event more than one year from the date of the change in circumstances.
3. The Board may grant a permit authorizing a variance from the distance requirements of this subsection upon a finding that the placement of retail marijuana and retail marijuana product advertising on a sign will not unduly expose persons under 21 years of age to marijuana and marijuana product advertising.
4. Provided such signs are in compliance with local ordinances, the distance and zoning requirements contained in this section shall not apply to signs placed by licensees upon the property on which the licensed premises is located.
5. Nothing in this section shall be construed to authorize billboard signs containing retail marijuana or retail marijuana product advertising on property zoned agricultural or residential, or on any unzoned property. Nor shall this section be construed to authorize the erection of new billboard signs containing retail marijuana or retail marijuana product advertising that would be prohibited under state law or local ordinance.
6. All lawfully erected outdoor retail marijuana or retail marijuana product signs shall comply with the provisions of this chapter, Board regulations, and Chapter 12 (§33.2-1200 et seq.) of Title 33.2 and regulations adopted pursuant thereto by the Commonwealth Transportation Board. Further, any outdoor retail marijuana or retail marijuana product directional sign located or to be located on highway rights-of-way shall also be governed by and comply with the Integrated Directional Signing Program administered by the Virginia Department of Transportation or its agents.
H. No licensee may sponsor or cause to be sponsored any athletic, musical, artistic, or other social or cultural event, or any entry or team in any event, in the brand name, logo, symbol, motto, or any other indicia of product identification identical or similar to, or identifiable with, those used for any brand of retail marijuana or retail marijuana products.
I. The provisions of this section shall not apply to noncommercial speech.
§3.2-4157. Other health and safety requirements for edible marijuana products; health and safety regulations.
A. Requirements and restrictions for edible retail marijuana products. In addition to all other applicable provisions of this article, edible marijuana products to be sold or offered for sale by a licensee to a consumer in accordance with this chapter:
1. Shall be manufactured in a manner that results in the cannabinoid content within the product being homogeneous throughout the product or throughout each element of the product that has a cannabinoid content;
2. Shall be manufactured in a manner that results in the amount of marijuana concentrate within the product being homogeneous throughout the product or throughout each element of the product that contains marijuana concentrate;
3. Shall have a universal symbol stamped or embossed on each serving of the product;
4. Shall not contain more than 100 milligrams of tetrahydrocannabinol (THC) per serving of the product and shall not contain more than 100 milligrams of THC per package of the product;
5. Shall not contain additives that are:
a. Toxic or harmful to human beings;
b. Specifically designed to make the product more addictive;
c. Misleading to consumers; or
d. Specifically designed to make the product appeal particularly to persons under 21 years of age; and
6. Shall not involve the addition of marijuana to a trademarked food or drink product, except when the trademarked product is used as a component of or ingredient in the edible retail marijuana product and the edible retail marijuana product is not advertised or described for sale as containing the trademarked product.
B. Health and safety regulations. The Board shall adopt any additional labeling, packaging, or other health and safety regulations that it deems necessary for retail marijuana and retail marijuana products to be sold or offered for sale by a licensee to a consumer in accordance with this chapter. Regulations adopted pursuant to this subsection shall establish mandatory health and safety standards applicable to the cultivation of marijuana, the manufacture of retail marijuana products, and the packaging and labeling of retail marijuana and retail marijuana products sold by a licensee to a consumer. Such regulations shall address:
1. Requirements for the storage, warehousing, and transportation of retail marijuana and retail marijuana products by licensees;
2. Sanitary standards for marijuana establishments, including sanitary standards for the manufacture of retail marijuana and retail marijuana products; and
3. Limitations on the display of retail marijuana and retail marijuana products at retail marijuana stores.
§3.2-4158. State marijuana tax.
A. As used in this article, "nontaxable entity" means a marijuana cultivation facility, a marijuana testing facility, a marijuana manufacturing facility, or a marijuana secure transporter.
B. In addition to all other taxes imposed by law, there shall be imposed a tax at a rate of 10 percent on the retail sale, as defined in §58.1-602, of marijuana and marijuana products from a retail marijuana store or a marijuana microbusiness to any person other than a nontaxable entity.
C. If a retail marijuana store or a marijuana microbusiness sells a product taxable under this article, it shall sell such product either separately or only with other products taxable under this article.
D. After the Department has funded its costs of implementing, administering, and enforcing this chapter, the first $20 million of tax revenue collected pursuant to this section in each fiscal year shall accrue to the Veterans Treatment Fund established pursuant to §3.2-4160. All tax revenue collected pursuant to this section that exceeds such $20 million shall be distributed as follows:
1. Thirty percent to counties and cities where retail marijuana stores and marijuana microbusinesses are located, allocated in proportion to the number of retail marijuana stores and marijuana microbusinesses in such counties and cities;
2. Thirty-five percent to the general fund to be used for the state's share of Standards of Quality basic aid payments; and
3. Thirty-five percent to the Commonwealth Mass Transit Fund established pursuant to subdivision A 4 of §58.1-638.
E. The Department of Taxation shall administer, collect, and distribute the taxes imposed pursuant to this article in the same manner and subject to the same penalties as provided for the retail sales tax under Chapter 6 (§58.1-600 et seq.) of Title 58.1.
§3.2-4159. County or city marijuana tax.
A. Any county or city may impose a tax at a rate not to exceed five percent on the retail sale, as defined in §58.1-602, of marijuana and marijuana products from a retail marijuana store or a marijuana microbusiness to any person other than a nontaxable entity.
B. A county or city may impose a tax pursuant to this section only if the tax is approved at referendum pursuant to §24.2-684 and initiated either by a resolution of the governing body of the county or city or on the filing of a petition signed by at least 10 percent of the number of registered voters in the county or city as of January 1 of the year in which the petition is filed. The clerk of the circuit court shall publish notice of the referendum in a newspaper of general circulation in the county or city once a week for three consecutive weeks prior to the referendum. If voters approve the county or city marijuana tax, it shall be effective at a rate and on such terms as the governing body may by ordinance prescribe. If the resolution of the governing body or the petition states for what purposes the revenues from the tax are to be used, then the question on the ballot for the referendum shall include language stating for what purposes the revenues are to be used.
§3.2-4160. Veterans Treatment Fund.
A. There is hereby created in the state treasury a special nonreverting fund to be known as the Veterans Treatment Fund, referred to in this section as "the Fund." The Fund shall be established on the books of the Comptroller. All funds appropriated for such purpose, all funds accruing to the Fund pursuant to § 3.2-4158, and any gifts, donations, grants, bequests, and other funds received on its behalf shall be paid into the state treasury and credited to the Fund. Interest earned on moneys in the Fund shall remain in the Fund and be credited to it. Any moneys remaining in the Fund, including interest thereon, at the end of each fiscal year shall not revert to the general fund but shall remain in the Fund. Moneys in the Fund shall be used solely for the purpose of research in the medical treatment of veterans as specified in subsection B. Expenditures and disbursements from the Fund shall be made by the State Treasurer on warrants issued by the Comptroller upon written request signed by the Commissioner or his designee.
B. Moneys in the Fund shall be used by the Department to provide grants to nonprofit organizations and institutions of higher education to research marijuana's effectiveness in treating the medical conditions of veterans of the United States Armed Forces and preventing the suicide of such veterans. The Department shall issue grants only to organizations and institutions that are conducting clinical trials for such research that have been approved by the U.S. Food and Drug Administration.
§3.2-4161. Possession, etc., of retail marijuana and retail marijuana products by persons 21 years of age or older lawful; civil penalty.
A. Except as otherwise provided in this chapter and notwithstanding any other provision of law, a person 21 years of age or older may lawfully possess not more than two and one-half ounces of retail marijuana or retail marijuana products on his person, provided that not more than 15 grams of such marijuana may be in the form of marijuana concentrate.
Any person who violates the provisions of this section is subject to a civil penalty of not more than $50, upon a second violation is subject to a civil penalty of not more than $100, and upon a third or subsequent violation is subject to a civil penalty of not more than $250. Such civil penalties are payable to the Literary Fund.
B. The provisions of this section shall not apply to members of federal, state, county, city, or town law-enforcement agencies, jail officers, or correctional officers, as defined in §53.1-1, certified as handlers of dogs trained in the detection of controlled substances when possession of marijuana is necessary for the performance of their duties.
C. It shall be an affirmative defense to prosecution of an individual for the unlawful possession of retail marijuana or retail marijuana products pursuant to subsection A if:
1. Such individual, in good faith, seeks or obtains emergency medical attention for himself, if he is experiencing an overdose, or for another individual, if such other individual is experiencing an overdose, by contemporaneously reporting such overdose to a firefighter, as defined in §65.2-102, emergency medical services personnel, as defined in §32.1-111.1, a law-enforcement officer, as defined in §9.1-101, or an emergency 911 system;
2. Such individual remains at the scene of the overdose or at any alternative location to which he or the person requiring emergency medical attention has been transported until a law-enforcement officer responds to the report of an overdose. If no law-enforcement officer is present at the scene of the overdose or at the alternative location, then such individual shall cooperate with law enforcement as otherwise set forth herein;
3. Such individual identifies himself to the law-enforcement officer who responds to the report of the overdose;
4. If requested by a law-enforcement officer, such individual substantially cooperates in any investigation of any criminal offense reasonably related to the controlled substance, alcohol, or combination of such substances that resulted in the overdose; and
5. The evidence for the prosecution of an offense enumerated in this subsection was obtained as a result of the individual seeking or obtaining emergency medical attention.
No individual may assert the affirmative defense provided for in this subsection if the person sought or obtained emergency medical attention for himself or another individual during the execution of a search warrant or during the conduct of a lawful search or a lawful arrest.
For purposes of this subsection, "overdose" means a life-threatening condition resulting from the consumption or use of a controlled substance, alcohol, or any combination of such substances.
D. Whenever any person who has not previously been convicted of any offense under this article or under any statute of the United States or of any state relating to narcotic drugs, marijuana, or stimulant, depressant, or hallucinogenic drugs, or has not previously had a proceeding against him for violation of such an offense dismissed as provided in this subsection, pleads guilty to or enters a plea of not guilty to possession of non-retail marijuana or non-retail marijuana products under subsection A, the court, upon such plea if the facts found by the court would justify a finding of guilt, without entering a judgment of guilt and with the consent of the accused, may defer further proceedings and place him on probation upon terms and conditions.
As a term or condition, the court shall require the accused to undergo a substance abuse assessment pursuant to §19.2-299.2 and enter treatment or an education program or services, or any combination thereof, if available, such as, in the opinion of the court, may be best suited to the needs of the accused based upon consideration of the substance abuse assessment. The program or services may be located in the judicial district in which the charge is brought or in any other judicial district as the court may provide. The services shall be provided by (i) a program licensed by the Department of Behavioral Health and Developmental Services, or a similar program that is made available through the Department of Corrections, (ii) a local community-based probation services agency established pursuant to §9.1-174, or (iii) an alcohol safety action program (ASAP) certified by the Commission on the Virginia Alcohol Safety Action Program (VASAP).
The court shall require the person entering such program under the provisions of this section to pay all or part of the costs of the program, including the costs of the screening, assessment, testing, and treatment, based upon the accused's ability to pay, unless the person is determined by the court to be indigent.
As a condition of probation, the court shall require the accused (a) to successfully complete treatment or education programs or services, (b) to remain drug and alcohol free during the period of probation and submit to such tests during that period as may be necessary and appropriate to determine if the accused is drug and alcohol free, (c) to make reasonable efforts to secure and maintain employment, and (d) to comply with a plan of up to 24 hours of community service. Such testing shall be conducted by personnel of the supervising probation agency or personnel of any program or agency approved by the supervising probation agency.
The court shall, unless done at arrest, order the accused to report to the original arresting law-enforcement agency to submit to fingerprinting.
Upon violation of a term or condition, the court may enter an adjudication of guilt and proceed as otherwise provided. Upon fulfillment of the terms and conditions, the court shall discharge the person and dismiss the proceedings against him. Discharge and dismissal under this section shall be without adjudication of guilt and is a conviction only for the purposes of applying this section in subsequent proceedings.
When any juvenile is found to have committed a violation of subsection A, the disposition of the case shall be handled according to the provisions of Article 9 (§16.1-278 et seq.) of Chapter 11 of Title 16.1.
§3.2-4162. Home cultivation, storage, manufacture, etc., of marijuana by persons 21 years of age or older lawful; civil penalty.
A. Except as otherwise provided in this chapter and notwithstanding any other provision of law, a person 21 years of age or older may lawfully:
1. Cultivate up to 12 marijuana plants for personal use within such person's residence, provided that no more than 12 total plants shall be cultivated or stored upon such premises at any one time; and
2. Possess, store, and manufacture no more than 10 ounces of retail marijuana and retail marijuana products within such person's residence, in addition to any marijuana produced by plants cultivated on the premises pursuant to subdivision 1, provided that amounts in excess of two and one-half ounces shall be stored in a container or area with locks or other security devices that restrict access to the container or area. Any person who violates the provisions of this subdivision is subject to a civil penalty of not more than $50, upon a second violation is subject to a civil penalty of not more than $100, and upon a third or subsequent violation is subject to a civil penalty of not more than $250. Such civil penalties are payable to the Literary Fund.
B. It shall be an affirmative defense to prosecution of an individual for the unlawful possession of retail marijuana or retail marijuana products pursuant to subdivision A 2 if:
1. Such individual, in good faith, seeks or obtains emergency medical attention for himself, if he is experiencing an overdose, or for another individual, if such other individual is experiencing an overdose, by contemporaneously reporting such overdose to a firefighter, as defined in §65.2-102, emergency medical services personnel, as defined in §32.1-111.1, a law-enforcement officer, as defined in §9.1-101, or an emergency 911 system;
2. Such individual remains at the scene of the overdose or at any alternative location to which he or the person requiring emergency medical attention has been transported until a law-enforcement officer responds to the report of an overdose. If no law-enforcement officer is present at the scene of the overdose or at the alternative location, then such individual shall cooperate with law enforcement as otherwise set forth herein;
3. Such individual identifies himself to the law-enforcement officer who responds to the report of the overdose;
4. If requested by a law-enforcement officer, such individual substantially cooperates in any investigation of any criminal offense reasonably related to the controlled substance, alcohol, or combination of such substances that resulted in the overdose; and
5. The evidence for the prosecution of an offense enumerated in this subsection was obtained as a result of the individual seeking or obtaining emergency medical attention.
No individual may assert the affirmative defense provided for in this subsection if the person sought or obtained emergency medical attention for himself or another individual during the execution of a search warrant or during the conduct of a lawful search or a lawful arrest.
For purposes of this subsection, "overdose" means a life-threatening condition resulting from the consumption or use of a controlled substance, alcohol, or any combination of such substances.
C. Whenever any person who has not previously been convicted of any offense under this article or under any statute of the United States or of any state relating to narcotic drugs, marijuana, or stimulant, depressant, or hallucinogenic drugs, or has not previously had a proceeding against him for violation of such an offense dismissed as provided in this subsection, pleads guilty to or enters a plea of not guilty to possession of non-retail marijuana or non-retail marijuana products under subdivision A 2, the court, upon such plea if the facts found by the court would justify a finding of guilt, without entering a judgment of guilt and with the consent of the accused, may defer further proceedings and place him on probation upon terms and conditions.
As a term or condition, the court shall require the accused to undergo a substance abuse assessment pursuant to §19.2-299.2 and enter treatment or an education program or services, or any combination thereof, if available, such as, in the opinion of the court, may be best suited to the needs of the accused based upon consideration of the substance abuse assessment. The program or services may be located in the judicial district in which the charge is brought or in any other judicial district as the court may provide. The services shall be provided by (i) a program licensed by the Department of Behavioral Health and Developmental Services, or a similar program that is made available through the Department of Corrections, (ii) a local community-based probation services agency established pursuant to §9.1-174, or (iii) an alcohol safety action program (ASAP) certified by the Commission on the Virginia Alcohol Safety Action Program (VASAP).
The court shall require the person entering such program under the provisions of this section to pay all or part of the costs of the program, including the costs of the screening, assessment, testing, and treatment, based upon the accused's ability to pay, unless the person is determined by the court to be indigent.
As a condition of probation, the court shall require the accused (a) to successfully complete treatment or education programs or services, (b) to remain drug and alcohol free during the period of probation and submit to such tests during that period as may be necessary and appropriate to determine if the accused is drug and alcohol free, (c) to make reasonable efforts to secure and maintain employment, and (d) to comply with a plan of up to 24 hours of community service. Such testing shall be conducted by personnel of the supervising probation agency or personnel of any program or agency approved by the supervising probation agency.
The court shall, unless done at arrest, order the accused to report to the original arresting law-enforcement agency to submit to fingerprinting.
Upon violation of a term or condition, the court may enter an adjudication of guilt and proceed as otherwise provided. Upon fulfillment of the terms and conditions, the court shall discharge the person and dismiss the proceedings against him. Discharge and dismissal under this section shall be without adjudication of guilt and is a conviction only for the purposes of applying this section in subsequent proceedings.
When any juvenile is found to have committed a violation of subdivision A 2, the disposition of the case shall be handled according to the provisions of Article 9 (§16.1-278 et seq.) of Chapter 11 of Title 16.1.
§3.2-4163. Possession, use, manufacture, and sale of marijuana paraphernalia by persons 21 years of age or older lawful.
Except as otherwise provided by law and notwithstanding any other provision of law, a person 21 years of age or older may possess, use, or manufacture marijuana paraphernalia. Additionally, such persons may sell or distribute marijuana paraphernalia to persons 21 years of age or older in accordance with the provisions of §3.2-4179.
§3.2-4164. Possession or cultivation of retail marijuana and retail marijuana products by persons under 21 years of age prohibited; penalty.
A. It is unlawful for any person under 21 years of age to knowingly or intentionally possess retail marijuana or retail marijuana products.
For purposes of this section, ownership or occupancy of the premises or vehicle upon or in which marijuana was found shall not create a presumption that such person either knowingly or intentionally possessed such marijuana.
Any person who violates this section by possessing two and one-half ounces or less of retail marijuana or retail marijuana products or 12 or fewer marijuana plants is subject to a civil penalty of not more than $100. Any person who violates this section by possessing more than two and one-half ounces of retail marijuana or retail marijuana products or more than 12 marijuana plants is subject to a civil penalty of not more than $500. Such civil penalties are payable to the Literary Fund.
B. The provisions of this section shall not apply to members of federal, state, county, city, or town law-enforcement agencies, jail officers, or correctional officers, as defined in §53.1-1, certified as handlers of dogs trained in the detection of controlled substances when possession of marijuana is necessary for the performance of their duties.
C. It shall be an affirmative defense to prosecution of an individual for the unlawful possession of retail marijuana or retail marijuana products pursuant to subsection A if:
1. Such individual, in good faith, seeks or obtains emergency medical attention for himself, if he is experiencing an overdose, or for another individual, if such other individual is experiencing an overdose, by contemporaneously reporting such overdose to a firefighter, as defined in §65.2-102, emergency medical services personnel, as defined in §32.1-111.1, a law-enforcement officer, as defined in §9.1-101, or an emergency 911 system;
2. Such individual remains at the scene of the overdose or at any alternative location to which he or the person requiring emergency medical attention has been transported until a law-enforcement officer responds to the report of an overdose. If no law-enforcement officer is present at the scene of the overdose or at the alternative location, then such individual shall cooperate with law enforcement as otherwise set forth herein;
3. Such individual identifies himself to the law-enforcement officer who responds to the report of the overdose; and
4. The evidence for the prosecution of an offense enumerated in this subsection was obtained as a result of the individual seeking or obtaining emergency medical attention.
No individual may assert the affirmative defense provided for in this subsection if the person sought or obtained emergency medical attention for himself or another individual during the execution of a search warrant or during the conduct of a lawful search or a lawful arrest.
For purposes of this subsection, "overdose" means a life-threatening condition resulting from the consumption or use of a controlled substance, alcohol, or any combination of such substances.
D. Whenever any person who has not previously been convicted of any offense under this article or under any statute of the United States or of any state relating to narcotic drugs, marijuana, or stimulant, depressant, or hallucinogenic drugs, or has not previously had a proceeding against him for violation of such an offense dismissed as provided in this subsection, pleads guilty to or enters a plea of not guilty to possession of non-retail marijuana or non-retail marijuana products under subsection A, the court, upon such plea if the facts found by the court would justify a finding of guilt, without entering a judgment of guilt and with the consent of the accused, may defer further proceedings and place him on probation upon terms and conditions. If the court defers further proceedings, at that time the court shall determine whether the clerk of court has been provided with the fingerprint identification information or fingerprints of the person, taken by a law-enforcement officer pursuant to §19.2-390, and, if not, shall order that the fingerprints and photograph of the person be taken by a law-enforcement officer.
As a term or condition, the court shall require the accused to undergo a substance abuse assessment pursuant to §19.2-299.2 and enter treatment or an education program or services, or any combination thereof, if available, such as, in the opinion of the court, may be best suited to the needs of the accused based upon consideration of the substance abuse assessment. The program or services may be located in the judicial district in which the charge is brought or in any other judicial district as the court may provide. The services shall be provided by (i) a program licensed by the Department of Behavioral Health and Developmental Services, or by a similar program that is made available through the Department of Corrections, (ii) a local community-based probation services agency established pursuant to §9.1-174, or (iii) an alcohol safety action program (ASAP) certified by the Commission on the Virginia Alcohol Safety Action Program (VASAP).
The court shall require the person entering such program under the provisions of this section to pay all or part of the costs of the program, including the costs of the screening, assessment, testing, and treatment, based upon the accused's ability to pay, unless the person is determined by the court to be indigent.
As a condition of probation, the court shall require the accused (a) to successfully complete treatment or education programs or services, (b) to remain drug and alcohol free during the period of probation and submit to such tests during that period as may be necessary and appropriate to determine if the accused is drug and alcohol free, (c) to make reasonable efforts to secure and maintain employment, and (d) to comply with a plan of up to 24 hours of community service. Such testing shall be conducted by personnel of the supervising probation agency or personnel of any program or agency approved by the supervising probation agency.
Upon violation of a term or condition, the court may enter an adjudication of guilt and proceed as otherwise provided. Upon fulfillment of the terms and conditions, and upon determining that the clerk of court has been provided with the fingerprint identification information or fingerprints of such person, the court shall discharge the person and dismiss the proceedings against him. Discharge and dismissal under this section shall be without adjudication of guilt and is a conviction only for the purposes of applying this section in subsequent proceedings.
When any juvenile is found to have committed a violation of subsection A, the disposition of the case shall be handled according to the provisions of Article 9 (§16.1-278 et seq.) of Chapter 11 of Title 16.1.
§3.2-4165. Possession of non-retail marijuana and non-retail marijuana products prohibited; penalty.
A. It is unlawful for any person to knowingly or intentionally possess non-retail marijuana or non-retail marijuana products.
For purposes of this section, ownership or occupancy of the premises or vehicle upon or in which marijuana was found shall not create a presumption that such person either knowingly or intentionally possessed such marijuana.
Any person who violates this section is guilty of a Class 1 misdemeanor.
B. The provisions of this section shall not apply to members of federal, state, county, city, or town law-enforcement agencies, jail officers, or correctional officers, as defined in §53.1-1, certified as handlers of dogs trained in the detection of controlled substances when possession of marijuana is necessary for the performance of their duties.
C. It shall be an affirmative defense to prosecution of an individual for the unlawful possession of non-retail marijuana or non-retail marijuana products pursuant to subsection A if:
1. Such individual, in good faith, seeks or obtains emergency medical attention for himself, if he is experiencing an overdose, or for another individual, if such other individual is experiencing an overdose, by contemporaneously reporting such overdose to a firefighter, as defined in §65.2-102, emergency medical services personnel, as defined in §32.1-111.1, a law-enforcement officer, as defined in §9.1-101, or an emergency 911 system;
2. Such individual remains at the scene of the overdose or at any alternative location to which he or the person requiring emergency medical attention has been transported until a law-enforcement officer responds to the report of an overdose. If no law-enforcement officer is present at the scene of the overdose or at the alternative location, then such individual shall cooperate with law enforcement as otherwise set forth herein;
3. Such individual identifies himself to the law-enforcement officer who responds to the report of the overdose; and
4. The evidence for the prosecution of an offense enumerated in this subsection was obtained as a result of the individual seeking or obtaining emergency medical attention.
No individual may assert the affirmative defense provided for in this section if the person sought or obtained emergency medical attention for himself or another individual during the execution of a search warrant or during the conduct of a lawful search or a lawful arrest.
For purposes of this subsection, "overdose" means a life-threatening condition resulting from the consumption or use of a controlled substance, alcohol, or any combination of such substances.
D. Whenever any person who has not previously been convicted of any offense under this article or under any statute of the United States or of any state relating to narcotic drugs, marijuana, or stimulant, depressant, or hallucinogenic drugs, or has not previously had a proceeding against him for violation of such an offense dismissed as provided in this section, pleads guilty to or enters a plea of not guilty to possession of non-retail marijuana or non-retail marijuana products under subsection A, the court, upon such plea if the facts found by the court would justify a finding of guilt, without entering a judgment of guilt and with the consent of the accused, may defer further proceedings and place him on probation upon terms and conditions. If the court defers further proceedings, at that time the court shall determine whether the clerk of court has been provided with the fingerprint identification information or fingerprints of the person, taken by a law-enforcement officer pursuant to §19.2-390, and, if not, shall order that the fingerprints and photograph of the person be taken by a law-enforcement officer.
As a term or condition, the court shall require the accused to undergo a substance abuse assessment pursuant to §19.2-299.2 and enter treatment or an education program or services, or any combination thereof, if available, such as, in the opinion of the court, may be best suited to the needs of the accused based upon consideration of the substance abuse assessment. The program or services may be located in the judicial district in which the charge is brought or in any other judicial district as the court may provide. The services shall be provided by (i) a program licensed by the Department of Behavioral Health and Developmental Services, or by a similar program that is made available through the Department of Corrections, (ii) a local community-based probation services agency established pursuant to §9.1-174, or (iii) an ASAP program certified by the Commission on the Virginia Alcohol Safety Action Program (VASAP).
The court shall require the person entering such program under the provisions of this section to pay all or part of the costs of the program, including the costs of the screening, assessment, testing, and treatment, based upon the accused's ability to pay, unless the person is determined by the court to be indigent.
As a condition of probation, the court shall require the accused (a) to successfully complete treatment or an education program or services, (b) to remain drug and alcohol free during the period of probation and submit to such tests during that period as may be necessary and appropriate to determine if the accused is drug and alcohol free, (c) to make reasonable efforts to secure and maintain employment, and (d) to comply with a plan of up to 24 hours of community service. Such testing shall be conducted by personnel of the supervising probation agency or personnel of any program or agency approved by the supervising probation agency.
Upon violation of a term or condition, the court may enter an adjudication of guilt and proceed as otherwise provided. Upon fulfillment of the terms and conditions, and upon determining that the clerk of court has been provided with the fingerprint identification or the fingerprints of such person, the court shall discharge the person and dismiss the proceedings against him. Discharge and dismissal under this section shall be without adjudication of guilt and is a conviction only for the purposes of applying this section in subsequent proceedings.
When any juvenile is found to have committed a violation of subsection A, the disposition of the case shall be handled according to the provisions of Article 9 (§16.1-278 et seq.) of Chapter 11 of Title 16.1.
§3.2-4166. Public consumption prohibited; civil penalty.
A. Except as otherwise provided in this chapter and notwithstanding any other provision of law, a person may use or consume retail marijuana or retail marijuana products only if that person is:
1. In a private residence in which the person is domiciled, including the curtilage thereof;
2. On private property on which the person is not domiciled, provided that such property is not generally accessible by the public and the person is explicitly permitted to use or consume marijuana or marijuana products on the property by the owner of the property;
3. On the premises of a licensed retail marijuana store if such store has been permitted to allow the use or consumption of marijuana or marijuana products in designated areas of the store by a locality pursuant to §3.2-4151; or
4. On the premises of special events permitted by a locality pursuant to §3.2-4151.
B. A person who violates this section is subject to a civil penalty of not more than $50, upon a second violation is subject to a civil penalty of not more than $100, and upon a third or subsequent violation is subject to a civil penalty of not more than $250. Such civil penalties are payable to the Literary Fund.
§3.2-4167. Illegal cultivation or manufacture of marijuana or marijuana products; penalties.
A. Except as authorized in the Drug Control Act (§54.1-3400 et seq.) or pursuant to §3.2-4162, it is illegal for any person to cultivate or manufacture, or possess with intent to cultivate or manufacture, marijuana or marijuana products without being licensed under this chapter to cultivate or manufacture marijuana or marijuana products.
B. Any person who violates this section with respect to:
1. More than two and one-half ounces of marijuana or more than 12 marijuana plants but not more than five ounces of marijuana or 24 marijuana plants is subject to a civil penalty of not more than $500, upon a second violation is subject to a civil penalty of not more than $1,000, and upon a third or subsequent violation is subject to a civil penalty of not more than $2,000. Such civil penalties are payable to the Literary Fund;
2. More than five ounces of marijuana or more than 24 marijuana plants but not more than five pounds of marijuana or 50 marijuana plants is guilty of a Class 1 misdemeanor;
3. More than five pounds of marijuana or more than 50 marijuana plants is guilty of a Class 6 felony.
§3.2-4168. Conspiracy to violate §3.2-4167; penalty.
If two or more persons conspire together to do any act that is in violation of §3.2-4167, and one or more of these persons does any act to effect the object of the conspiracy, each of the parties to such conspiracy is guilty of a Class 6 felony.
§3.2-4169. Illegal sale or distribution of marijuana and marijuana products; illegal possession with intent to sell or distribute marijuana or marijuana products; penalties.
A. Except as authorized in the Drug Control Act (§54.1-3400 et seq.), it shall be illegal for any person to sell or distribute, or possess with the intent to sell or distribute, marijuana or marijuana products without being licensed under this chapter to cultivate, manufacture, sell, or test retail marijuana or retail marijuana products.
B. Any person who violates this section with respect to:
1. Not more than two and one-half ounces of marijuana is guilty of a Class 1 misdemeanor;
2. More than two and one-half ounces but not more than five pounds of marijuana is guilty of a Class 6 felony;
3. More than five pounds of marijuana is guilty of a Class 5 felony.
C. When a person is convicted of a third or subsequent felony offense under this section and it is alleged in the warrant, indictment, or information that he has been before convicted of two or more felony offenses under this section or of substantially similar offenses in any other jurisdiction which offenses would be felonies if committed in the Commonwealth and such prior convictions occurred before the date of the offense alleged in the warrant, indictment, or information, he is guilty of a Class 4 felony.
§3.2-4170. Illegal gift of marijuana or marijuana products; penalties.
A. Except as otherwise provided by this chapter or otherwise provided by law, no person shall give retail or non-retail marijuana or retail or non-retail marijuana products to any person. Any person who violates this subsection is guilty of a Class 1 misdemeanor.
B. Any person who distributes or possesses marijuana as an accommodation and not with intent to profit thereby to an inmate of a state or local correctional facility as defined in §53.1-1, or in the custody of an employee thereof, is guilty of a Class 5 felony.
C. Notwithstanding the provisions of this section or §3.2-4163, a non-licensee shall be permitted to give not more than two and one-half ounces of retail marijuana to a personal friend, as a matter of normal social intercourse, so long as the gift is in no way a shift or device to evade the restrictions set forth in this section or §3.2-4169.
§3.2-4171. Distribution of non-retail marijuana to persons under 18 years of age prohibited; penalties.
Except as authorized in the Drug Control Act (§54.1-3400 et seq.), it is unlawful for any person who is at least 18 years of age to knowingly or intentionally (i) distribute non-retail marijuana to any person under 18 years of age who is at least three years his junior or (ii) cause any person under 18 years of age to assist in such distribution of non-retail marijuana. Any person violating this provision shall upon conviction be imprisoned in a state correctional facility for a period not less than 10 or more than 50 years, and fined not more than $100,000. Five years of the sentence imposed for a conviction under this section involving two and one-half ounces or more of marijuana shall be a mandatory minimum sentence. Two years of the sentence imposed for a conviction under this section involving less than two and one-half ounces of marijuana shall be a mandatory minimum sentence.
§3.2-4172. Illegal manufacturing, distribution, sale, etc., of a mixture or substance containing a detectable amount of non-retail marijuana; penalties.
A. Any person who manufactures, sells, gives, distributes, or possesses with the intent to manufacture, sell, give, or distribute 100 kilograms or more of a mixture or substance containing a detectable amount of non-retail marijuana is guilty of a felony punishable by a fine of not more than $1 million and imprisonment for 20 years to life, 20 years of which shall be a mandatory minimum sentence. Such mandatory minimum sentence shall not be applicable if the court finds that (i) the person does not have a prior conviction for an offense listed in subsection C of §17.1-805; (ii) the person did not use violence or credible threats of violence or possess a firearm or other dangerous weapon in connection with the offense or induce another participant in the offense to do so; (iii) the offense did not result in death or serious bodily injury to any person; (iv) the person was not an organizer, leader, manager, or supervisor of others in the offense and was not engaged in a continuing criminal enterprise as defined in subsection I of §18.2-248; and (v) not later than the time of the sentencing hearing, the person has truthfully provided to the Commonwealth all information and evidence the person has concerning the offense or offenses that were part of the same course of conduct or of a common scheme or plan, but the fact that the person has no relevant or useful other information to provide or that the Commonwealth is already is aware of the information shall not preclude a determination by the court that the defendant has complied with this requirement.
B. Any person who was the principal or one of several principal administrators, organizers, or leaders of a continuing criminal enterprise as defined in subsection I of § 18.2-248 is guilty of a felony if (i) the enterprise received at least $100,000 but less than $250,000 in gross receipts during any 12-month period of its existence from the manufacture, importation, or distribution of marijuana or (ii) the person engaged in the enterprise to manufacture, sell, give, distribute, or possess with the intent to manufacture, sell, give, or distribute at least 100 kilograms but less than 250 kilograms of a mixture or substance containing a detectable amount of marijuana during any 12-month period of its existence. A conviction under this subsection shall be punishable by a fine of not more than $1 million and imprisonment for 20 years to life, 20 years of which shall be a mandatory minimum sentence.
C. Any person who was the principal or one of several principal administrators, organizers, or leaders of a continuing criminal enterprise as defined in subsection I of § 18.2-248 if (i) the enterprise received $250,000 or more in gross receipts during any 12-month period of its existence from the manufacture, importation, or distribution of marijuana or (ii) the person engaged in the enterprise to manufacture, sell, give, distribute, or possess with the intent to manufacture, sell, give, or distribute at least 250 kilograms of a mixture or substance containing a detectable amount of marijuana during any 12-month period of its existence is guilty of a felony punishable by a fine of not more than $1 million and imprisonment for life, which shall be served with no suspension in whole or in part. Such punishment shall be made to run consecutively with any other sentence. However, the court may impose a mandatory minimum sentence of 40 years if the court finds that the defendant substantially cooperated with law-enforcement authorities.
§3.2-4173. Manufacturing, distributing, and obtaining marijuana by fraud, deceit, or forgery; penalties.
A. It is unlawful for any person to use in the course of the manufacture or distribution of marijuana a license number that is fictitious, revoked, suspended, or issued to another person.
B. It is unlawful for any person, for the purpose of obtaining marijuana, to falsely assume the title of, or represent himself to be, a cultivator, manufacturer, wholesaler, retailer, tester, pharmacist, physician, dentist, veterinarian, or other authorized person.
C. Any person who violates any provision of this section is guilty of a Class 6 felony.
Whenever any person who has not previously been convicted of any offense under this article or under any statute of the United States or of any state relating to marijuana, or has not previously had a proceeding against him for violation of such an offense dismissed, or reduced as provided in this section, pleads guilty to or enters a plea of not guilty to the court for violating this section, upon such plea if the facts found by the court would justify a finding of guilt, the court may place him on probation upon terms and conditions.
As a term or condition, the court shall require the accused to be evaluated and enter a treatment or education program, if available, such as, in the opinion of the court, may be best suited to the needs of the accused. This program may be located in the judicial circuit in which the charge is brought or in any other judicial circuit as the court may provide. The services shall be provided by a program certified or licensed by the Department of Behavioral Health and Developmental Services. The court shall require the person entering such program under the provisions of this section to pay all or part of the costs of the program, including the costs of the screening, evaluation, testing, and education, based upon the person's ability to pay, unless the person is determined by the court to be indigent.
As a condition of supervised probation, the court shall require the accused to remain drug free during the period of probation and submit to such tests during that period as may be necessary and appropriate to determine if the accused is drug free. Such testing may be conducted by the personnel of any screening, evaluation, and education program to which the person is referred or by the supervising agency.
Unless the accused was fingerprinted at the time of arrest, the court shall order the accused to report to the original arresting law-enforcement agency to submit to fingerprinting.
Upon violation of a term or condition, the court may enter an adjudication of guilt upon the felony and proceed as otherwise provided. Upon fulfillment of the terms and conditions of probation, the court shall find the defendant guilty of a Class 1 misdemeanor.
§3.2-4174. Prohibition on the sale or manufacture of marijuana or marijuana products on or near certain properties; penalties.
A. It is unlawful for any person to manufacture, sell, or distribute or possess with intent to sell, give, or distribute marijuana or marijuana products while:
1. Upon the property, including buildings and grounds, of any public or private elementary or secondary school, any institution of higher education, or any clearly marked licensed child day center as defined in §63.2-100;
2. Upon public property or any property open to public use within 1,000 feet of the property described in subdivision 1;
3. On any school bus as defined in §46.2-100;
4. Upon a designated school bus stop, or upon either public property or any property open to public use that is within 1,000 feet of such school bus stop, during the time when school children are waiting to be picked up and transported to or are being dropped off from school or a school-sponsored activity;
5. Upon the property, including buildings and grounds, of any publicly owned or publicly operated recreation or community center facility or any public library; or
6. Upon the property of any state hospital as defined in §37.2-100 or upon public property or property open to public use within 1,000 feet of such an institution.
It is a violation of the provisions of this section if the person possessed non-retail marijuana or non-retail marijuana products on the property described in subdivisions 1 through 6, regardless of where the person intended to sell, give, or distribute the non-retail marijuana or non-retail marijuana products.
B. A violation of this section shall constitute a separate and distinct felony. Any person violating the provisions of this section is guilty of a Class 5 felony. However, if such person proves that he sold marijuana or marijuana products only as an accommodation to another individual and not with intent to profit thereby from any consideration received or expected nor to induce the recipient or intended recipient of the marijuana or marijuana products to use or become addicted to or dependent upon such controlled substance or marijuana, he is guilty of a Class 1 misdemeanor.
C. If a person commits an act violating the provisions of this section, and the same act also violates another provision of law that provides for penalties greater than those provided for by this section, then nothing in this section shall prohibit or bar any prosecution or proceeding under that other provision of law or the imposition of any penalties provided for thereby.
§3.2-4175. Possessing or displaying firearm while illegally manufacturing, etc., possessing with intent to manufacture, etc., more than one pound of marijuana; penalty.
It is unlawful for any person to possess, use, or attempt to use any pistol, shotgun, rifle, or other firearm, or to display such weapon in a threatening manner, while committing or attempting to commit the illegal manufacture, sale, or distribution or possessing with the intent to manufacture, sell, or distribute more than one pound of marijuana. A violation of this subsection is a Class 6 felony and constitutes a separate and distinct felony, and any person convicted hereunder shall be sentenced to a mandatory minimum term of imprisonment of five years. Such punishment shall be separate and apart from, and shall be made to run consecutively with, any punishment received for the commission of the primary felony.
§3.2-4176. Delivery of marijuana to prisoners or committed persons; penalty.
Notwithstanding the provisions of §18.2-474, any person who willfully in any manner delivers, attempts to deliver, or conspires with another to deliver marijuana to any prisoner confined under authority of the Commonwealth, or of any political subdivision thereof, or to any person committed to the Department of Juvenile Justice in any juvenile correctional center is guilty of a Class 5 felony.
§3.2-4177. Transporting non-retail marijuana into the Commonwealth; penalty.
Except as authorized in the Drug Control Act (§54.1-3400 et seq.), it is unlawful for any person to transport into the Commonwealth by any means with intent to sell or distribute five or more pounds of non-retail marijuana. A violation of this section shall constitute a separate and distinct felony. Upon conviction, the person shall be sentenced to not less than five years or more than 40 years imprisonment, three years of which shall be a mandatory minimum term of imprisonment, and a fine not to exceed $1 million. A second or subsequent conviction hereunder shall be punishable by a mandatory minimum term of imprisonment of 10 years, which shall be served consecutively with any other sentence.
§3.2-4178. Illegal testing of marijuana and marijuana products; penalty.
Except as otherwise provided by this chapter or otherwise provided by law, no person shall test marijuana or marijuana products without being licensed under this chapter to cultivate or test marijuana or marijuana products. A person who violates this section is guilty of a Class 6 felony.
§3.2-4179. Illegal sale or advertisement of marijuana paraphernalia; penalties.
A. It is unlawful for any person under 21 years of age to possess marijuana paraphernalia. Any person who violates this section is subject to a civil penalty of not more than $25. Such civil penalty is payable to the Literary Fund.
B. It is unlawful for any person to sell or distribute, or possess with the intent to sell or distribute, marijuana paraphernalia to any person under 21 years of age. Any person who violates this subsection is guilty of a Class 1 misdemeanor.
C. It is unlawful for any person to place in any newspaper, magazine, handbill, or other publication any advertisement, knowing or under circumstances where one reasonably should know, that the purpose of the advertisement, in whole or in part, is to promote the sale of marijuana paraphernalia to persons under 21 years of age. Any person who violates this subsection is guilty of a Class 1 misdemeanor.
D. In determining whether an object is marijuana paraphernalia, the court may consider, in addition to all other relevant evidence, the following:
1. Constitutionally admissible statements by the accused concerning the use of the object;
2. The proximity of the object to marijuana, which proximity is actually known to the accused;
3. Instructions, oral or written, provided with the object concerning its use;
4. Descriptive materials accompanying the object that explain or depict its use;
5. National and local advertising within the actual knowledge of the accused concerning its use;
6. The manner in which the object is displayed for sale;
7. Whether the accused is a legitimate supplier of like or related items to the community, such as a licensed distributor or dealer of tobacco products;
8. Evidence of the ratio of sales of marijuana paraphernalia to the total sales of the business enterprise;
9. The existence and scope of legitimate uses for the object in the community;
10. Expert testimony concerning its use or the purpose for which it was designed; and
11. Relevant evidence of the intent of the accused to deliver it to persons who he knows, or should reasonably know, are under 21 years of age. The innocence of an owner, or of anyone in control of the object, as to a direct violation of this article shall not prevent a finding that the object is intended for use or designed for use as drug paraphernalia.
§3.2-4180. Distribution, sale, or display of printed material advertising instruments for use in administering marijuana to minors; penalty.
It is a Class 1 misdemeanor for any person knowingly to sell, distribute, or display for sale to a minor any book, pamphlet, periodical, or other printed matter which he knows advertises for sale any instrument, device, article, or contrivance for advertised use in unlawfully ingesting, smoking, administering, preparing, or growing marijuana.
§3.2-4181. Persons to whom retail marijuana or retail marijuana products may not be sold; proof of legal age; penalties.
A. No person shall sell any retail marijuana or retail marijuana products to any person when at the time of such sale he knows or has reason to believe that the person to whom the sale is made is (i) under 21 years of age or (ii) intoxicated. Any person who violates this subsection is guilty of a Class 1 misdemeanor.
B. Any person who sells any retail marijuana or retail marijuana products to a person who is under 21 years of age and at the time of the sale does not require the person to present bona fide evidence of legal age indicating that the person is 21 years of age or older is guilty of a violation of this subsection. Bona fide evidence of legal age is limited to any evidence that is or reasonably appears to be an unexpired driver's license issued by any state of the United States or the District of Columbia, military identification card, United States passport or foreign government visa, unexpired special identification card issued by the Department of Motor Vehicles, or any other valid government-issued identification card bearing the individual's photograph, signature, height, weight, and date of birth, or which bears a photograph that reasonably appears to match the appearance of the purchaser. A student identification card shall not constitute bona fide evidence of legal age for purposes of this subsection. Any person convicted of a violation of this subsection is guilty of a Class 3 misdemeanor. Notwithstanding the provisions of §3.2-4148, the Board shall not take administrative action against a licensee for the conduct of his employee who violates this subsection.
C. No person shall be convicted of both subsections A and B for the same sale.
§3.2-4182. Use or attempted use of altered, etc., identification to purchase retail marijuana or retail marijuana products; penalty.
A. No person under 21 years of age shall use or attempt to use any (i) altered, fictitious, facsimile, or simulated license to operate a motor vehicle; (ii) altered, fictitious, facsimile, or simulated document, including but not limited to a birth certificate or student identification card; or (iii) motor vehicle operator's license, birth certificate, or student identification card of another person in order to establish a false identification or false age for himself to use, consume, or purchase or attempt to use, consume, or purchase retail marijuana or retail marijuana products. Any person who violates this subsection is guilty of a Class 1 misdemeanor.
B. Any retail marijuana store licensee who in good faith promptly notifies the Board or any state or local law-enforcement agency of a violation or suspected violation of this section shall be accorded immunity from an administrative penalty for a violation of §3.2-4181.
§3.2-4183. Purchasing retail marijuana or retail marijuana products for one to whom they may not be sold; penalty.
Any person who (i) purchases retail marijuana or retail marijuana products for another person, and at the time of such purchase knows or has reason to believe that the person for whom the retail marijuana or retail marijuana products were purchased was intoxicated or (ii) purchases for or otherwise gives, provides, or assists in the provision of retail marijuana or retail marijuana products to another person when he knows or has reason to know that such person was under 21 years of age is guilty of a Class 1 misdemeanor.
§3.2-4184. Prohibited practices by licensees; penalty.
A. No licensee or any agent or employee of such licensee shall:
1. Cultivate, manufacture, transport, sell, or test any retail marijuana or retail marijuana products, as applicable, of a kind other than that which such license or this chapter authorizes him to cultivate, manufacture, transport, sell, or test;
2. Cultivate, manufacture, transport, sell, or test any retail marijuana or retail marijuana products, as applicable, which such license or this chapter authorizes him to cultivate, manufacture, transport, sell, or test, at any place other than such license or this chapter authorizes him to cultivate, manufacture, transport, sell, or test or in any place that is not within an enclosed area that is secured in a manner that prevents access by persons not permitted by the licensee or any agent or employee of such licensee to access such area;
3. Cultivate, manufacture, sell, or test any retail marijuana or retail marijuana products or display or sell any marijuana paraphernalia in any place that is visible from a public place outside of the marijuana establishment without the use of binoculars, aircraft, or other optical aids;
4. Allow a person under 21 years of age to be employed by or volunteer for such licensee; or
5. Sell retail marijuana or retail marijuana products without ensuring that the tax required by this chapter has been paid.
B. No marijuana cultivation facility licensee, marijuana manufacturing facility licensee, retail marijuana store, or marijuana microbusiness shall transport more than 15 ounces of retail marijuana or more than 60 grams of marijuana concentrate at one time.
C. Any person who violates this section is guilty of a Class 1 misdemeanor.
§3.2-4185. Prohibited acts by retail marijuana store licensees; penalty.
A. In addition to the actions prohibited by §3.2-4184, no retail marijuana store licensee or any agent or employee of such licensee shall:
1. Sell any retail marijuana or retail marijuana product that such license or this chapter authorizes him to sell, but in a manner other than such license or this chapter authorizes him to sell;
2. Sell more than the amounts permitted by subdivision B 3 of §3.2-4146 to be sold during a single transaction to one person;
3. Except as permitted by §3.2-4151, allow at the place described in his license the use or consumption of retail marijuana or retail marijuana products in violation of this chapter.
4. Keep at the place described in his license any marijuana or marijuana products other than that which he is licensed to sell;
5. Misrepresent any marijuana or marijuana product sold or offered for sale;
6. Remove or obliterate any label or packaging affixed to any retail marijuana or retail marijuana products offered for sale;
7. Sell any retail marijuana or retail marijuana products if the label or packaging has been removed or obliterated;
8. Consume or allow the consumption by any employee of any retail marijuana or retail marijuana product while on duty and in a position that is involved in the selling of retail marijuana or retail marijuana products;
9. Be intoxicated while on duty or allow an employee to perform his duties while intoxicated; or
10. Fail or refuse to make samples of any retail marijuana or retail marijuana product available to the Board upon request.
B. Any person who violates this section is guilty of a Class 1 misdemeanor.
§3.2-4186. Illegal labeling and packaging; penalty.
Any person who violates the labeling and packaging requirements of §3.2-4155 or the other health and safety requirements of §3.2-4157 is guilty of a Class 1 misdemeanor.
§3.2-4187. Illegal advertising and marketing; penalties.
A. Except as provided in subsection B, any person who violates the advertising and marketing restrictions of §3.2-4156 is guilty of a Class 1 misdemeanor.
B. For violations of § 3.2-4156 relating to distance and zoning restrictions on outdoor advertising, the Board shall give the advertiser written notice to take corrective action to either bring the advertisement into compliance with this chapter and Board regulations or to remove such advertisement. If corrective action is not taken within 30 days, the advertiser is guilty of a Class 4 misdemeanor.
§3.2-4188. Using or consuming marijuana or marijuana products while operating a motor vehicle or while being a passenger in a motor vehicle; penalty.
A. It is unlawful for any person to use or consume marijuana or marijuana products while driving a motor vehicle upon a public highway of the Commonwealth or while being a passenger in a motor vehicle being driven upon a public highway of the Commonwealth.
B. Any person who violates this section is guilty of a Class 4 misdemeanor.
§3.2-4189. Limitation on carrying marijuana or marijuana products in motor vehicles transporting passengers for hire; penalty.
A. The transportation of marijuana or marijuana products in any motor vehicle that is being used, or is licensed, for the transportation of passengers for hire is prohibited, except when carried in the possession of a passenger who is being transported for compensation at the regular rate and fare charged other passengers.
B. Any person who violates this section is guilty of a Class 1 misdemeanor.
§3.2-4190. Using, consuming, or possessing marijuana or marijuana products in or on the grounds of correctional facilities; penalty.
A. No person shall use, consume, or possess marijuana or marijuana products in or upon the grounds of any state or local correctional facility as defined in § 53.1-1.
B. Any person who violates this section is guilty of a Class 1 misdemeanor.
§3.2-4191. Using, consuming, or possessing marijuana or marijuana products in or on public school grounds; penalty.
A. No person shall use, consume, or possess marijuana or marijuana products in or upon the grounds of any public elementary or secondary school during or after school hours or school or student activities.
B. Any person convicted of a violation of this section is guilty of a Class 2 misdemeanor.
§3.2-4192. Using, consuming, or possessing marijuana or marijuana products while operating a school bus; penalty.
Any person who possesses, uses, or consumes marijuana or marijuana products while operating a school bus and transporting children is guilty of a Class 1 misdemeanor. For purposes of this section, "school bus" has the same meaning as provided in §46.2-100.
§3.2-4193. Separation of plant resin by butane extraction; penalty.
A. No person shall separate plant resin by butane extraction or another method that utilizes a substance with a flashpoint below 100 degrees Fahrenheit in any public place, motor vehicle, or within the curtilage of any residential structure.
B. Any person convicted of a violation of this section is guilty of a Class 1 misdemeanor.
§3.2-4194. Certain premises deemed common nuisance; penalties.
Any office, store, shop, restaurant, dance hall, theater, poolroom, clubhouse, storehouse, warehouse, dwelling house, apartment, building of any kind, vehicle, vessel, boat, or aircraft, that with the knowledge of the owner, lessor, agent of any such lessor, manager, chief executive officer, operator, or tenant thereof, is frequented by persons under the influence of illegally obtained marijuana or for the purpose of illegally obtaining possession of, manufacturing, or distributing marijuana, or is used for the illegal possession, manufacture, or distribution of marijuana, shall be deemed a common nuisance. Any such owner, lessor, agent of any such lessor, manager, chief executive officer, operator, or tenant who knowingly permits, establishes, keeps, or maintains such a common nuisance is guilty of a Class 1 misdemeanor and for a second or subsequent offense is guilty of a Class 6 felony.
§3.2-4195. Maintaining a fortified drug house; penalty.
Any office, store, shop, restaurant, dance hall, theater, poolroom, clubhouse, storehouse, warehouse, dwelling house, apartment, or building or structure of any kind that is (i) substantially altered from its original status by means of reinforcement with the intent to impede, deter, or delay lawful entry by a law-enforcement officer into such structure; (ii) being used for the purpose of illegally manufacturing or distributing marijuana; and (iii) the object of a valid search warrant shall be considered a fortified drug house. Any person who maintains or operates a fortified drug house is guilty of a Class 5 felony.
§3.2-4196. Attempts; aiding or abetting; penalty.
No person shall attempt to do any of the things prohibited by this chapter or to aid or abet another in doing, or attempting to do, any of the things prohibited by this chapter.
On an indictment, information, or warrant for the violation of this chapter, the jury or the court may find the defendant guilty of an attempt, or being an accessory, and the punishment shall be the same as if the defendant were solely guilty of such violation.
§3.2-4197. Failure to deliver, keep, and preserve records and accounts, or to allow examination and inspection; penalty.
A. No licensee shall fail or refuse to (i) deliver, keep, and preserve such records, invoices, and accounts as are required by Board regulations or (ii) allow such records, invoices, and accounts or his place of business to be examined and inspected in accordance with Board regulations.
B. Any person who violates this section is guilty of a Class 1 misdemeanor.
§3.2-4198. Disobeying subpoena; hindering conduct of hearing; penalty.
A. No person shall (i) fail or refuse to obey any subpoena issued by the Board or any Board member or (ii) hinder the orderly conduct and decorum of any hearing held and conducted by the Board or a Board member.
B. Any person who violates this section is guilty of a Class 1 misdemeanor.
§3.2-4199. Search warrants.
A. If complaint on oath is made that marijuana or marijuana products are being cultivated, manufactured, sold, or tested in a particular house, or other place, in violation of law, the judge, magistrate, or other person having authority to issue criminal warrants to whom such complaint is made, if satisfied that there is a probable cause for such belief, shall issue a warrant to search such house or other place for marijuana or marijuana products. Such warrants, except as herein otherwise provided, shall be issued, directed, and executed in accordance with the laws of the Commonwealth pertaining to search warrants.
B. Warrants issued under this chapter for the search of any automobile, boat, conveyance, or vehicle, whether of like kind or not, or for the search of any article of baggage, whether of like kind or not, for marijuana or marijuana products may be executed in any part of the Commonwealth where they are overtaken and shall be made returnable before any judge within whose jurisdiction such automobile, boat, conveyance, vehicle, truck, or article of baggage, or any of them, was transported or attempted to be transported contrary to law.
§3.2-4199.1. Punishment for violations of chapter.
A. The provisions of this chapter shall not prevent the Board from suspending, revoking, or refusing to continue the license of any person convicted of a violation of any provision of this chapter.
B. No court shall hear such a case unless the respective attorney for the Commonwealth or his assistant has been notified that such a case is pending.
§3.2-4199.2. Certificate of forensic scientist as evidence; requiring forensic scientist to appear.
The certificate of any forensic scientist employed by the Commonwealth on behalf of the Board or the Department of Forensic Science, when signed by him, shall be evidence in all prosecutions for violations of this chapter and all controversies in any judicial proceedings touching the mixture analyzed by him. On motion of the accused or any party in interest, the court may require the forensic scientist making the analysis to appear as a witness and be subject to cross-examination, provided such motion is made within a reasonable time prior to the day on which the case is set for trial.
§3.2-4199.3. Suspended sentence conditioned upon substance abuse screening, assessment, testing, and treatment or education.
The trial judge or court trying the case of any person found guilty of violating any law concerning the use, in any manner, of marijuana shall condition any suspended sentence by first requiring such person to agree to undergo a substance abuse screening and to submit to such periodic substance abuse testing, to include alcohol testing, as may be directed by the court. Such testing shall be conducted by the supervising probation agency or by personnel of any program or agency approved by the supervising probation agency. The cost of such testing ordered by the court shall be paid by the Commonwealth and taxed as a part of the costs of such criminal proceedings. The judge or court shall order the person, as a condition of any suspended sentence, to undergo such treatment or education for substance abuse, if available, as the judge or court deems appropriate based upon consideration of the substance abuse assessment. The treatment or education shall be provided by a program or agency licensed by the Department of Behavioral Health and Developmental Services or, if the court imposes a sentence of 12 months or less, by a similar program or services available through a local or regional jail, a local community-based probation services agency established pursuant to §9.1-174, or an ASAP program certified by the Commission on the Virginia Alcohol Safety Action Program (VASAP).
§3.2-4199.4. Commitment of convicted person for treatment for substance abuse.
A. Whenever any person who has not previously been convicted of any offense under this article or under any statute of the United States or of any state relating to marijuana or has not previously had a proceeding against him for violation of such an offense dismissed as provided in §3.2-4164 or 3.2-4165 is found guilty of violating any law concerning the use, in any manner, of marijuana, the judge or court shall require such person to undergo a substance abuse screening and to submit to such periodic substance abuse testing, to include alcohol testing, as may be directed by the court. The cost of such testing ordered by the court shall be paid by the Commonwealth and taxed as a part of the costs of the criminal proceedings. The judge or court shall also order the person to undergo such treatment or education for substance abuse, if available, as the judge or court deems appropriate based upon consideration of the substance abuse assessment. The treatment or education shall be provided by a program or agency licensed by the Department of Behavioral Health and Developmental Services or by a similar program or services available through the Department of Corrections if the court imposes a sentence of one year or more or, if the court imposes a sentence of 12 months or less, by a similar program or services available through a local or regional jail, a local community-based probation services agency established pursuant to §9.1-174, or an ASAP program certified by the Commission on the Virginia Alcohol Safety Action Program (VASAP).
B. The court trying the case of any person alleged to have committed any offense designated by this article or by the Drug Control Act (§54.1-3400 et seq.) or in any other criminal case in which the commission of the offense was motivated by or closely related to the use of drugs and determined by the court, pursuant to a substance abuse screening and assessment, to be in need of treatment for the use of drugs may commit, based upon a consideration of the substance abuse assessment, such person, upon his conviction, to any facility for the treatment of persons with substance abuse licensed by the Department of Behavioral Health and Developmental Services, if space is available in such facility, for a period of time not in excess of the maximum term of imprisonment specified as the penalty for conviction of such offense or, if the sentence was determined by a jury, not in excess of the term of imprisonment as set by such jury. Confinement under such commitment shall be, in all regards, treated as confinement in a penal institution and the person so committed may be convicted of escape if he leaves the place of commitment without authority. A charge of escape may be prosecuted in either the jurisdiction where the treatment facility is located or the jurisdiction where the person was sentenced to commitment. The court may revoke such commitment at any time and transfer the person to an appropriate state or local correctional facility. Upon presentation of a certified statement from the director of the treatment facility to the effect that the confined person has successfully responded to treatment, the court may release such confined person prior to the termination of the period of time for which such person was confined and may suspend the remainder of the term upon such conditions as the court may prescribe.
§3.2-4199.5. Possession or distribution of marijuana for medical purposes permitted.
Nothing in this article shall be construed to prohibit or penalize:
1. The possession of marijuana or tetrahydrocannabinol when that possession occurs pursuant to a valid prescription issued by a medical doctor in the course of his professional practice for treatment or to alleviate the symptoms of any diagnosed condition or disease determined by the doctor to benefit from the use of such substances;
2. The dispensing or distributing of marijuana or tetrahydrocannabinol for medical purposes by a medical doctor when such action occurs in the course of his professional practice for treatment or to alleviate the symptoms of any diagnosed condition or disease determined by the doctor to benefit from the use of such substances; or
3. The dispensing or distributing of marijuana or tetrahydrocannabinol by a pharmacist to any person who holds a valid prescription of a medical doctor for such substance issued in the course of such doctor's professional practice for treatment or to alleviate the symptoms of any diagnosed condition or disease determined by the doctor to benefit from the use of such substances.
§3.2-4199.6. Interaction with provisions concerning pharmaceutical processing of cannabidiol oil and THC-A oil.
Nothing in this chapter shall be construed to prohibit or penalize any conduct that is permitted by Article 4.2 (§54.1-3442.5 et seq.) of Chapter 34 of Title 54.1.
§4.1-225. Grounds for which Board may suspend or revoke licenses.
The Board may suspend or revoke any license other than a brewery license, in which case the Board may impose penalties as provided in § 4.1-227, if it has reasonable cause to believe that:
1. The licensee, or if the licensee is a partnership, any general partner thereof, or if the licensee is an association, any member thereof, or a limited partner of 10 percent or more with voting rights, or if the licensee is a corporation, any officer, director, or shareholder owning 10 percent or more of its capital stock, or if the licensee is a limited liability company, any member-manager or any member owning 10 percent or more of the membership interest of the limited liability company:
a. Has misrepresented a material fact in applying to the Board for such license;
b. Within the five years immediately preceding the date of the hearing held in accordance with §4.1-227, has (i) been convicted of a violation of any law, ordinance or regulation of the Commonwealth, of any county, city or town in the Commonwealth, of any state, or of the United States, applicable to the manufacture, transportation, possession, use or sale of alcoholic beverages; (ii) violated any provision of Chapter 3 (§4.1-300 et seq.); (iii) committed a violation of the Wine Franchise Act (§4.1-400 et seq.) or the Beer Franchise Act (§4.1-500 et seq.) in bad faith; (iv) violated or failed or refused to comply with any regulation, rule or order of the Board; or (v) failed or refused to comply with any of the conditions or restrictions of the license granted by the Board;
c. Has been convicted in any court of a felony or of any crime or offense involving moral turpitude under the laws of any state, or of the United States;
d. Is not the legitimate owner of the business conducted under the license granted by the Board, or other persons have ownership interests in the business which have not been disclosed;
e. Cannot demonstrate financial responsibility sufficient to meet the requirements of the business conducted under the license granted by the Board;
f. Has been intoxicated or under the influence of some self-administered drug while upon the licensed premises;
g. Has maintained the licensed premises in an unsanitary condition, or allowed such premises to become a meeting place or rendezvous for members of a criminal street gang as defined in §18.2-46.1 or persons of ill repute, or has allowed any form of illegal gambling to take place upon such premises;
h. Knowingly employs in the business conducted under such license, as agent, servant, or employee, other than a busboy, cook or other kitchen help, any person who has been convicted in any court of a felony or of any crime or offense involving moral turpitude, or who has violated the laws of the Commonwealth, of any other state, or of the United States, applicable to the manufacture, transportation, possession, use or sale of alcoholic beverages;
i. Subsequent to the granting of his original license, has demonstrated by his police record a lack of respect for law and order;
j. Has allowed the consumption of alcoholic beverages upon the
licensed premises by any person whom he knew or had reason to believe was (i) less than
under 21 years of age, (ii) interdicted, or (iii)
intoxicated, or has allowed any person whom he knew or had reason to believe
was intoxicated to loiter upon such licensed premises;
k. Has allowed any person to consume upon the licensed premises any alcoholic beverages except as provided under this title;
l. Is physically unable to carry on the business conducted under such license or has been adjudicated incapacitated;
m. Has allowed any obscene literature, pictures or materials upon the licensed premises;
n. Has possessed any illegal gambling apparatus, machine or device upon the licensed premises;
o. Has upon the licensed premises (i) illegally possessed,
distributed, sold or used, or has knowingly allowed any employee or agent, or
any other person, to illegally possess, distribute, sell or use marijuana,
controlled substances, imitation controlled substances, drug paraphernalia or
controlled paraphernalia as those terms are defined in
Articles 1 (§3.2-4121 et seq.) and 7 (§3.2-4164 et
seq.) of Chapter 41.2 of Title 3.2,
Articles 1 (§18.2-247 et seq.) and 1.1
(§ 18.2-247 18.2-265.1
et seq.) of Chapter 7 of Title 18.2,
and the Drug Control Act (§54.1-3400 et seq.); (ii) laundered money in
violation of §18.2-246.3; or (iii) conspired to commit any drug-related
offense in violation of Article 7 of Chapter
41.2 of Title 3.2, Articles 1 and 1.1 of Chapter 7 (§18.2-247 et seq.) of Title
18.2, or the Drug Control Act (§54.1-3400 et seq.). The
provisions of this subdivision shall also apply to any conduct related to the
operation of the licensed business which that facilitates the
commission of any of the offenses set forth herein;
p. Has failed to take reasonable measures to prevent (i) the licensed premises, (ii) any premises immediately adjacent to the licensed premises that are owned or leased by the licensee, or (iii) any portion of public property immediately adjacent to the licensed premises from becoming a place where patrons of the establishment commit criminal violations of Article 1 (§18.2-30 et seq.), 2 (§18.2-38 et seq.), 2.1 (§18.2-46.1 et seq.), 2.2 (§ 18.2-46.4 et seq.), 3 (§18.2-47 et seq.), 4 (§18.2-51 et seq.), 5 (§18.2-58 et seq.), 6 (§18.2-59 et seq.), or 7 (§18.2-61 et seq.) of Chapter 4 of Title 18.2; Article 2 (§18.2-266 et seq.) of Chapter 7 of Title 18.2; Article 3 (§ 18.2-344 et seq.) or 5 (§18.2-372 et seq.) of Chapter 8 of Title 18.2; or Article 1 (§18.2-404 et seq.), 2 (§18.2-415), or 3 (§18.2-416 et seq.) of Chapter 9 of Title 18.2 and such violations lead to arrests that are so frequent and serious as to reasonably be deemed a continuing threat to the public safety; or
q. Has failed to take reasonable measures to prevent an act of violence resulting in death or serious bodily injury, or a recurrence of such acts, from occurring on (i) the licensed premises, (ii) any premises immediately adjacent to the licensed premises that is owned or leased by the licensee, or (iii) any portion of public property immediately adjacent to the licensed premises.
2. The place occupied by the licensee:
a. Does not conform to the requirements of the governing body of the county, city or town in which such establishment is located, with respect to sanitation, health, construction or equipment, or to any similar requirements established by the laws of the Commonwealth or by Board regulations;
b. Has been adjudicated a common nuisance under the provisions of this title or §18.2-258; or
c. Has become a meeting place or rendezvous for illegal gambling, illegal users of narcotics, drunks, prostitutes, pimps, panderers or habitual law violators or has become a place where illegal drugs are regularly used or distributed. The Board may consider the general reputation in the community of such establishment in addition to any other competent evidence in making such determination.
3. The licensee or any employee of the licensee discriminated against any member of the armed forces of the United States by prices charged or otherwise.
4. The licensee, his employees, or any entertainer performing on the licensed premises has been convicted of a violation of a local public nudity ordinance for conduct occurring on the licensed premises and the licensee allowed such conduct to occur.
5. Any cause exists for which the Board would have been entitled to refuse to grant such license had the facts been known.
6. The licensee is delinquent for a period of 90 days or more in the payment of any taxes, or any penalties or interest related thereto, lawfully imposed by the locality where the licensed business is located, as certified by the treasurer, commissioner of the revenue, or finance director of such locality, unless (i) the outstanding amount is de minimis; (ii) the licensee has pending a bona fide application for correction or appeal with respect to such taxes, penalties, or interest; or (iii) the licensee has entered into a payment plan approved by the same locality to settle the outstanding liability.
7. Any other cause authorized by this title.
§16.1-69.48:1. Fixed fee for misdemeanors, traffic infractions and other violations in district court; additional fees to be added.
A. Assessment of the fees provided for in this section shall
be based on (i) an appearance for court hearing in which there has been a
finding of guilty; (ii) a written appearance with waiver of court hearing and
entry of guilty plea; (iii) for a defendant failing to appear, a trial in his
or her absence resulting in a finding of guilty; (iv) an appearance for court
hearing in which the court requires that the defendant successfully complete
traffic school, a mature driver motor vehicle crash prevention course, or a
driver improvement clinic, in lieu of a finding of guilty; (v) a deferral of
proceedings pursuant to §§ §3.2-4164, 3.2-4165, 4.1-305,
16.1-278.8, 16.1-278.9, 18.2-57.3, 18.2-251,
or 19.2-303.2; or (vi) proof of compliance with law under §§46.2-104,
46.2-324, 46.2-613, 46.2-646, 46.2-711, 46.2-715, 46.2-716, 46.2-752,
46.2-1000, 46.2-1003, 46.2-1052, 46.2-1053, and 46.2-1158.02.
In addition to any other fee prescribed by this section, a fee of $35 shall be taxed as costs whenever a defendant fails to appear, unless, after a hearing requested by such person, good cause is shown for such failure to appear. No defendant with multiple charges arising from a single incident shall be taxed the applicable fixed fee provided in subsection B, C, or D more than once for a single appearance or trial in absence related to that incident. However, when a defendant who has multiple charges arising from the same incident and who has been assessed a fixed fee for one of those charges is later convicted of another charge that arises from that same incident and that has a higher fixed fee, he shall be assessed the difference between the fixed fee earlier assessed and the higher fixed fee.
A defendant with charges which arise from separate incidents shall be taxed a fee for each incident even if the charges from the multiple incidents are disposed of in a single appearance or trial in absence.
In addition to the fixed fees assessed pursuant to this section, in the appropriate cases, the clerk shall also assess any costs otherwise specifically provided by statute.
B. In misdemeanors tried in district court, except for those proceedings provided for in subsection C, there shall be assessed as court costs a fixed fee of $61. The amount collected, in whole or in part, for the fixed fee shall be apportioned, as provided by law, to the following funds in the fractional amounts designated:
1. Processing fee (General Fund) (.573770);
2. Virginia Crime Victim-Witness Fund (.049180);
3. Regional Criminal Justice Training Academies Fund (.016393);
4. Courthouse Construction/Maintenance Fund (.032787);
5. Criminal Injuries Compensation Fund (.098361);
6. Intensified Drug Enforcement Jurisdiction Fund (.065574);
7. Sentencing/supervision fee (General Fund) (.131148); and
8. Virginia Sexual and Domestic Violence Victim Fund (.032787).
C. In criminal actions and proceedings in district court for a violation of any provision of Article 1 (§18.2-247 et seq.) of Chapter 7 of Title 18.2, there shall be assessed as court costs a fixed fee of $136. The amount collected, in whole or in part, for the fixed fee shall be apportioned, as provided by law, to the following funds in the fractional amounts designated:
1. Processing fee (General Fund) (.257353);
2. Virginia Crime Victim-Witness Fund (.022059);
3. Regional Criminal Justice Training Academies Fund (.007353);
4. Courthouse Construction/Maintenance Fund (.014706);
5. Criminal Injuries Compensation Fund (.044118);
6. Intensified Drug Enforcement Jurisdiction Fund (.029412);
7. Drug Offender Assessment and Treatment Fund (.551471);
8. Forensic laboratory fee and sentencing/supervision fee (General Fund) (.058824); and
9. Virginia Sexual and Domestic Violence Victim Fund (.014706).
D. In traffic infractions tried in district court, there shall be assessed as court costs a fixed fee of $51. The amount collected, in whole or in part, for the fixed fee shall be apportioned, as provided by law, to the following funds in the fractional amounts designated:
1. Processing fee (General Fund) (.764706);
2. Virginia Crime Victim-Witness Fund (.058824);
3. Regional Criminal Justice Training Academies Fund (.019608);
4. Courthouse Construction/Maintenance Fund (.039216);
5. Intensified Drug Enforcement Jurisdiction Fund (.078431); and
6. Virginia Sexual and Domestic Violence Victim Fund (.039216).
§16.1-260. Intake; petition; investigation.
A. All matters alleged to be within the jurisdiction of the court shall be commenced by the filing of a petition, except as provided in subsection H and in §16.1-259. The form and content of the petition shall be as provided in §16.1-262. No individual shall be required to obtain support services from the Department of Social Services prior to filing a petition seeking support for a child. Complaints, requests, and the processing of petitions to initiate a case shall be the responsibility of the intake officer. However, (i) the attorney for the Commonwealth of the city or county may file a petition on his own motion with the clerk; (ii) designated nonattorney employees of the Department of Social Services may complete, sign, and file petitions and motions relating to the establishment, modification, or enforcement of support on forms approved by the Supreme Court of Virginia with the clerk; (iii) designated nonattorney employees of a local department of social services may complete, sign, and file with the clerk, on forms approved by the Supreme Court of Virginia, petitions for foster care review, petitions for permanency planning hearings, petitions to establish paternity, motions to establish or modify support, motions to amend or review an order, and motions for a rule to show cause; and (iv) any attorney may file petitions on behalf of his client with the clerk except petitions alleging that the subject of the petition is a child alleged to be in need of services, in need of supervision, or delinquent. Complaints alleging abuse or neglect of a child shall be referred initially to the local department of social services in accordance with the provisions of Chapter 15 (§63.2-1500 et seq.) of Title 63.2. Motions and other subsequent pleadings in a case shall be filed directly with the clerk. The intake officer or clerk with whom the petition or motion is filed shall inquire whether the petitioner is receiving child support services or public assistance. No individual who is receiving support services or public assistance shall be denied the right to file a petition or motion to establish, modify, or enforce an order for support of a child. If the petitioner is seeking or receiving child support services or public assistance, the clerk, upon issuance of process, shall forward a copy of the petition or motion, together with notice of the court date, to the Division of Child Support Enforcement.
B. The appearance of a child before an intake officer may be by (i) personal appearance before the intake officer or (ii) use of two-way electronic video and audio communication. If two-way electronic video and audio communication is used, an intake officer may exercise all powers conferred by law. All communications and proceedings shall be conducted in the same manner as if the appearance were in person, and any documents filed may be transmitted by facsimile process. The facsimile may be served or executed by the officer or person to whom sent, and returned in the same manner, and with the same force, effect, authority, and liability as an original document. All signatures thereon shall be treated as original signatures. Any two-way electronic video and audio communication system used for an appearance shall meet the standards as set forth in subsection B of §19.2-3.1.
When the court service unit of any court receives a complaint alleging facts which may be sufficient to invoke the jurisdiction of the court pursuant to §16.1-241, the unit, through an intake officer, may proceed informally to make such adjustment as is practicable without the filing of a petition or may authorize a petition to be filed by any complainant having sufficient knowledge of the matter to establish probable cause for the issuance of the petition.
An intake officer may proceed informally on a complaint
alleging a child is in need of services, in need of supervision, or delinquent
only if the juvenile (i) (a) is not alleged to have
committed a violent juvenile felony or (ii) (b) has not previously been
proceeded against informally or adjudicated delinquent for an offense that
would be a felony if committed by an adult. A petition alleging that a juvenile
committed a violent juvenile felony shall be filed with the court. A petition
alleging that a juvenile is delinquent for an offense that would be a felony if
committed by an adult shall be filed with the court if the juvenile had previously
been proceeded against informally by intake or had been adjudicated delinquent
for an offense that would be a felony if committed by an adult.
If a juvenile is alleged to be a truant pursuant to a
complaint filed in accordance with §22.1-258 and the attendance officer has
provided documentation to the intake officer that the relevant school division
has complied with the provisions of §22.1-258, then the intake officer shall
file a petition with the court. The intake officer may defer filing the
complaint for 90 days and proceed informally by developing a truancy plan,
provided that (a) (1) the juvenile has not
previously been proceeded against informally or adjudicated in need of
supervision on more than two occasions for failure to comply with compulsory
school attendance as provided in §22.1-254 and (b) (2) the immediately previous
informal action or adjudication occurred at least three calendar years prior to
the current complaint. The juvenile and his parent or parents, guardian, or
other person standing in loco parentis must agree, in writing, for the
development of a truancy plan. The truancy plan may include requirements that
the juvenile and his parent or parents, guardian, or other person standing in
loco parentis participate in such programs, cooperate in such treatment, or be
subject to such conditions and limitations as necessary to ensure the
juvenile's compliance with compulsory school attendance as provided in §
22.1-254. The intake officer may refer the juvenile to the appropriate public
agency for the purpose of developing a truancy plan using an interagency
interdisciplinary team approach. The team may include qualified personnel who
are reasonably available from the appropriate department of social services,
community services board, local school division, court service unit, and other
appropriate and available public and private agencies and may be the family
assessment and planning team established pursuant to §2.2-5207. If at the end
of the 90-day period the juvenile has not successfully completed the truancy
plan or the truancy program, then the intake officer shall file the petition.
Whenever informal action is taken as provided in this
subsection on a complaint alleging that a child is in need of services, in need
of supervision, or delinquent, the intake officer shall (1) (A) develop a plan for the
juvenile, which may include restitution and the performance of community
service, based upon community resources and the circumstances which resulted in
the complaint, (2) (B) create an official record
of the action taken by the intake officer and file such record in the
juvenile's case file, and (3) (C) advise the juvenile and
the juvenile's parent, guardian, or other person standing in loco parentis and
the complainant that any subsequent complaint alleging that the child is in
need of supervision or delinquent based upon facts which may be sufficient to
invoke the jurisdiction of the court pursuant to §16.1-241 will result in the
filing of a petition with the court.
C. The intake officer shall accept and file a petition in which it is alleged that (i) the custody, visitation, or support of a child is the subject of controversy or requires determination, (ii) a person has deserted, abandoned, or failed to provide support for any person in violation of law, (iii) a child or such child's parent, guardian, legal custodian, or other person standing in loco parentis is entitled to treatment, rehabilitation, or other services which are required by law, (iv) family abuse has occurred and a protective order is being sought pursuant to §16.1-253.1, 16.1-253.4, or 16.1-279.1, or (v) an act of violence, force, or threat has occurred, a protective order is being sought pursuant to §19.2-152.8, 19.2-152.9, or 19.2-152.10, and either the alleged victim or the respondent is a juvenile. If any such complainant does not file a petition, the intake officer may file it. In cases in which a child is alleged to be abused, neglected, in need of services, in need of supervision, or delinquent, if the intake officer believes that probable cause does not exist, or that the authorization of a petition will not be in the best interest of the family or juvenile or that the matter may be effectively dealt with by some agency other than the court, he may refuse to authorize the filing of a petition. The intake officer shall provide to a person seeking a protective order pursuant to §16.1-253.1, 16.1-253.4, or 16.1-279.1 a written explanation of the conditions, procedures and time limits applicable to the issuance of protective orders pursuant to § 16.1-253.1, 16.1-253.4, or 16.1-279.1. If the person is seeking a protective order pursuant to §19.2-152.8, 19.2-152.9, or 19.2-152.10, the intake officer shall provide a written explanation of the conditions, procedures, and time limits applicable to the issuance of protective orders pursuant to § 19.2-152.8, 19.2-152.9, or 19.2-152.10.
D. Prior to the filing of any petition alleging that a child is in need of supervision, the matter shall be reviewed by an intake officer who shall determine whether the petitioner and the child alleged to be in need of supervision have utilized or attempted to utilize treatment and services available in the community and have exhausted all appropriate nonjudicial remedies which are available to them. When the intake officer determines that the parties have not attempted to utilize available treatment or services or have not exhausted all appropriate nonjudicial remedies which are available, he shall refer the petitioner and the child alleged to be in need of supervision to the appropriate agency, treatment facility, or individual to receive treatment or services, and a petition shall not be filed. Only after the intake officer determines that the parties have made a reasonable effort to utilize available community treatment or services may he permit the petition to be filed.
E. If the intake officer refuses to authorize a petition relating to an offense that if committed by an adult would be punishable as a Class 1 misdemeanor or as a felony, the complainant shall be notified in writing at that time of the complainant's right to apply to a magistrate for a warrant. If a magistrate determines that probable cause exists, he shall issue a warrant returnable to the juvenile and domestic relations district court. The warrant shall be delivered forthwith to the juvenile court, and the intake officer shall accept and file a petition founded upon the warrant. If the court is closed and the magistrate finds that the criteria for detention or shelter care set forth in §16.1-248.1 have been satisfied, the juvenile may be detained pursuant to the warrant issued in accordance with this subsection. If the intake officer refuses to authorize a petition relating to a child in need of services or in need of supervision, a status offense, or a misdemeanor other than Class 1, his decision is final.
Upon delivery to the juvenile court of a warrant issued pursuant to subdivision 2 of §16.1-256, the intake officer shall accept and file a petition founded upon the warrant.
F. The intake officer shall notify the attorney for the Commonwealth of the filing of any petition which alleges facts of an offense which would be a felony if committed by an adult.
G. Notwithstanding the provisions of Article 12 (§16.1-299 et seq.), the intake officer shall file a report with the division superintendent of the school division in which any student who is the subject of a petition alleging that such student who is a juvenile has committed an act, wherever committed, which would be a crime if committed by an adult, or that such student who is an adult has committed a crime and is alleged to be within the jurisdiction of the court. The report shall notify the division superintendent of the filing of the petition and the nature of the offense, if the violation involves:
1. A firearm offense pursuant to Article 4 (§18.2-279 et seq.), 5 (§18.2-288 et seq.), 6 (§18.2-299 et seq.), 6.1 (§18.2-307.1 et seq.), or 7 (§18.2-308.1 et seq.) of Chapter 7 of Title 18.2;
2. Homicide, pursuant to Article 1 (§18.2-30 et seq.) of Chapter 4 of Title 18.2;
3. Felonious assault and bodily wounding, pursuant to Article 4 (§18.2-51 et seq.) of Chapter 4 of Title 18.2;
4. Criminal sexual assault, pursuant to Article 7 (§18.2-61 et seq.) of Chapter 4 of Title 18.2;
5. Manufacture, sale, gift, distribution or possession of Schedule I or II controlled substances, pursuant to Article 1 (§18.2-247 et seq.) of Chapter 7 of Title 18.2;
6. Manufacture, sale or distribution of marijuana pursuant to
Article 1 (§18.2-247 et seq.) of Chapter 7 of Title 18.2 7 (§3.2-4164 et seq.) of Chapter 41.2 of Title
3.2;
7. Arson and related crimes, pursuant to Article 1 (§18.2-77 et seq.) of Chapter 5 of Title 18.2;
8. Burglary and related offenses, pursuant to §§18.2-89 through 18.2-93;
9. Robbery pursuant to §18.2-58;
10. Prohibited criminal street gang activity pursuant to § 18.2-46.2;
11. Recruitment of other juveniles for a criminal street gang activity pursuant to §18.2-46.3;
12. An act of violence by a mob pursuant to §18.2-42.1;
13. Abduction of any person pursuant to §18.2-47 or 18.2-48; or
14. A threat pursuant to §18.2-60.
The failure to provide information regarding the school in which the student who is the subject of the petition may be enrolled shall not be grounds for refusing to file a petition.
The information provided to a division superintendent pursuant to this section may be disclosed only as provided in §16.1-305.2.
H. The filing of a petition shall not be necessary:
1. In the case of violations of the traffic laws, including offenses involving bicycles, hitchhiking and other pedestrian offenses, game and fish laws, or a violation of the ordinance of any city regulating surfing or any ordinance establishing curfew violations, animal control violations, or littering violations. In such cases the court may proceed on a summons issued by the officer investigating the violation in the same manner as provided by law for adults. Additionally, an officer investigating a motor vehicle accident may, at the scene of the accident or at any other location where a juvenile who is involved in such an accident may be located, proceed on a summons in lieu of filing a petition.
2. In the case of seeking consent to apply for the issuance of a work permit pursuant to subsection H of §16.1-241.
3. In the case of a misdemeanor violation of § 18.2-250.1, 18.2-266,
18.2-266.1, or 29.1-738, or the commission of any other alcohol-related
offense, or a violation of §3.2-4164 or 3.2-4165,
provided that the juvenile is released
to the custody of a parent or legal guardian pending the initial court date.
The officer releasing a juvenile to the custody of a parent or legal guardian
shall issue a summons to the juvenile and shall also issue a summons requiring
the parent or legal guardian to appear before the court with the juvenile.
Disposition of the charge shall be in the manner provided in §16.1-278.8,
16.1-278.8:01, or 16.1-278.9. If the juvenile so charged with a violation of §
18.2-51.4, 18.2-266, 18.2-266.1, 18.2-272, or 29.1-738 refuses to provide a
sample of blood or breath or samples of both blood and breath for chemical
analysis pursuant to §§18.2-268.1 through 18.2-268.12 or 29.1-738.2, the
provisions of these sections shall be followed except that the magistrate shall
authorize execution of the warrant as a summons. The summons shall be served on
a parent or legal guardian and the juvenile, and a copy of the summons shall be
forwarded to the court in which the violation is to be tried. When a violation
of § 18.2-250.1
3.2-4164 or 3.2-4165 is charged by summons, the juvenile
shall be entitled to have the charge referred to intake for consideration of
informal proceedings pursuant to subsection B, provided
that such right is exercised by written notification to the
clerk not later than 10 days prior to trial. At the time such summons alleging
a violation of § 18.2-250.1 3.2-4164 or 3.2-4165 is
served, the officer shall also serve upon the juvenile written notice of the
right to have the charge referred to intake on a form approved by the Supreme
Court and make return of such service to the court. If the officer fails to
make such service or return, the court shall dismiss the summons without prejudice.
4. In the case of offenses which, if committed by an adult, would be punishable as a Class 3 or Class 4 misdemeanor. In such cases the court may direct that an intake officer proceed as provided in §16.1-237 on a summons issued by the officer investigating the violation in the same manner as provided by law for adults provided that notice of the summons to appear is mailed by the investigating officer within five days of the issuance of the summons to a parent or legal guardian of the juvenile.
I. Failure to comply with the procedures set forth in this section shall not divest the juvenile court of the jurisdiction granted it in § 16.1-241.
§16.1-273. Court may require investigation of social history and preparation of victim impact statement.
A. When a juvenile and domestic relations district court or
circuit court has adjudicated any case involving a child subject to the
jurisdiction of the court hereunder, except for a traffic violation, a
violation of the game and fish law, or a violation of any city ordinance
regulating surfing or establishing curfew violations, the court before final
disposition thereof may require an investigation, which (i) shall include a
drug screening and (ii) may, and for the purposes of subdivision A 14 or A 17
of §16.1-278.8 shall, include a social history of the physical, mental, and
social conditions, including an assessment of any affiliation with a criminal
street gang as defined in §18.2-46.1, and personality of the child and the
facts and circumstances surrounding the violation of law. However, in the case
of a juvenile adjudicated delinquent on the basis of an act committed on or
after January 1, 2000, which would be a felony if committed by an adult, or a violation under Article 1
(§18.2-247 et seq.) or Article
1.1 (§18.2-265.1 et seq.) of Chapter 7 of Title 18.2 and such offense would be
punishable as a Class 1 or Class 2 misdemeanor if committed by an adult, or a violation of §3.2-4164 or 3.2-4165,
the court shall order the juvenile to undergo a drug screening. If the drug
screening indicates that the juvenile has a substance abuse or dependence
problem, an assessment shall be completed by a certified substance abuse
counselor as defined in §54.1-3500 employed by the Department of Juvenile
Justice or by a locally operated court services unit or by an individual
employed by or currently under contract to such agencies and who is
specifically trained to conduct such assessments under the supervision of such
counselor.
B. The court also shall, on motion of the attorney for the Commonwealth with the consent of the victim, or may in its discretion, require the preparation of a victim impact statement in accordance with the provisions of §19.2-299.1 if the court determines that the victim may have suffered significant physical, psychological, or economic injury as a result of the violation of law.
§16.1-278.8:01. Juveniles found delinquent of first drug offense; screening; assessment; drug tests; costs and fees; education or treatment programs.
Whenever any juvenile who has not previously been found delinquent of any offense under Article 1 (§18.2-247 et seq.) of Chapter 7 of Title 18.2 or Article 7 (§3.2-4164 et seq.) of Chapter 41.2 of Title 3.2 or under any statute of the United States or of any state relating to narcotic drugs, marijuana, or stimulant, depressant, or hallucinogenic drugs, or has not previously had a proceeding against him for a violation of such an offense dismissed as provided in this section or §18.2-251, is found delinquent of any offense concerning the use, in any manner, of drugs, controlled substances, narcotics, marijuana, noxious chemical substances and like substances, the juvenile court or the circuit court shall require such juvenile to undergo a substance abuse screening pursuant to §16.1-273 and to submit to such periodic substance abuse testing, to include alcohol testing, as may be directed by the court. Such testing shall be conducted by a court services unit of the Department of Juvenile Justice, or by a locally operated court services unit or by personnel of any program or agency approved by the Department. The cost of such testing ordered by the court shall be paid by the Commonwealth from funds appropriated to the Department for this purpose. The court shall also order the juvenile to undergo such treatment or education program for substance abuse, if available, as the court deems appropriate based upon consideration of the substance abuse assessment. The treatment or education shall be provided by a program licensed by the Department of Behavioral Health and Developmental Services or by a similar program available through a facility or program operated by or under contract to the Department of Juvenile Justice or a locally operated court services unit or a program funded through the Virginia Juvenile Community Crime Control Act (§16.1-309.2 et seq.).
§16.1-278.9. Delinquent children; loss of driving privileges for alcohol, firearm, and drug offenses; truancy.
A. If a court has found facts which would justify a finding
that a child at least 13 years of age at the time of the offense is delinquent
and such finding involves (i) a violation of §18.2-266 or of a similar
ordinance of any county, city, or town,;
(ii) a refusal to take a breath test in violation of §18.2-268.2,;
(iii) a felony violation of § 3.2-4167, 3.2-4169,
3.2-4170, 3.2-4172, 18.2-248,
18.2-248.1 or 18.2-250,; (iv) a misdemeanor violation
of § 3.2-4172,
18.2-248, 18.2-248.1, or 18.2-250 or a violation of §18.2-250.1,; (v) the unlawful purchase,
possession, or consumption of alcohol in
violation of §4.1-305 or the unlawful drinking or possession of alcoholic
beverages in or on public school grounds in violation of §4.1-309,;
(vi) public intoxication in violation of §18.2-388 or a similar ordinance of a
county, city, or town,; (vii) the unlawful use or
possession of a handgun or possession of a "streetsweeper" as defined
below,;
or (viii) a violation of §18.2-83, the court shall order, in addition to any
other penalty that it may impose as provided by law for the offense, that the
child be denied a driver's license. In addition to any other penalty authorized
by this section, if the offense involves a violation designated under clause
(i) and the child was transporting a person 17 years of age or younger, the
court shall impose the additional fine and order community service as provided
in §18.2-270. If the offense involves a violation designated under clause (i),
(ii), (iii), or (viii), the denial of a
driver's license shall be for a period of one year or until the juvenile
reaches the age of 17, whichever is longer, for a first such offense or for a
period of one year or until the juvenile reaches the age of 18, whichever is
longer, for a second or subsequent such offense. If the offense involves a
violation designated under clause (iv), (v),
or (vi) the denial of driving privileges shall be for a period of six months
unless the offense is committed by a child under the age of 16 years and three
months, in which case the child's ability to apply for a driver's license shall
be delayed for a period of six months following the date he reaches the age of
16 and three months. If the offense involves a first violation designated under
clause (v) or (vi), the court shall impose the license sanction and may enter a
judgment of guilt or, without entering a judgment of guilt, may defer
disposition of the delinquency charge until such time as the court disposes of
the case pursuant to subsection F of this section.
If the offense involves a violation designated under clause (iii) or (iv), the
court shall impose the license sanction and shall dispose of the delinquency
charge pursuant to the provisions of this chapter or §18.2-251. If the offense
involves a violation designated under clause (vii), the denial of driving privileges
shall be for a period of not less than 30 days, except when the offense
involves possession of a concealed handgun or a striker 12, commonly called a
"streetsweeper," or any semi-automatic folding stock shotgun of like
kind with a spring tension drum magazine capable of holding 12 shotgun shells,
in which case the denial of driving privileges shall be for a period of two
years unless the offense is committed by a child under the age of 16 years and
three months, in which event the child's ability to apply for a driver's
license shall be delayed for a period of two years following the date he
reaches the age of 16 and three months.
A1. If a court finds that a child at least 13 years of age has failed to comply with school attendance and meeting requirements as provided in §22.1-258, the court shall order the denial of the child's driving privileges for a period of not less than 30 days. If such failure to comply involves a child under the age of 16 years and three months, the child's ability to apply for a driver's license shall be delayed for a period of not less than 30 days following the date he reaches the age of 16 and three months.
If the court finds a second or subsequent such offense, it may order the denial of a driver's license for a period of one year or until the juvenile reaches the age of 18, whichever is longer, or delay the child's ability to apply for a driver's license for a period of one year following the date he reaches the age of 16 and three months, as may be appropriate.
A2. If a court finds that a child at least 13 years of age has refused to take a blood test in violation of §18.2-268.2, the court shall order that the child be denied a driver's license for a period of one year or until the juvenile reaches the age of 17, whichever is longer, for a first such offense or for a period of one year or until the juvenile reaches the age of 18, whichever is longer, for a second or subsequent such offense.
B. Any child who has a driver's license at the time of the offense or at the time of the court's finding as provided in subsection A1 or A2 shall be ordered to surrender his driver's license, which shall be held in the physical custody of the court during any period of license denial.
C. The court shall report any order issued under this section
to the Department of Motor Vehicles, which shall preserve a record thereof. The
report and the record shall include a statement as to whether the child was
represented by or waived counsel or whether the order was issued pursuant to
subsection A1 or A2. Notwithstanding the provisions of Article 12 (§16.1-299
et seq.) of this chapter or the
provisions of Title 46.2, this record shall be available only to all
law-enforcement officers, attorneys for the Commonwealth and courts. No other
record of the proceeding shall be forwarded to the Department of Motor Vehicles
unless the proceeding results in an adjudication of guilt pursuant to
subsection F.
The Department of Motor Vehicles shall refuse to issue a driver's license to any child denied a driver's license until such time as is stipulated in the court order or until notification by the court of withdrawal of the order of denial under subsection E.
D. If the finding as to the child involves a violation designated under clause (i), (ii), (iii) or (vi) of subsection A or a violation designated under subsection A2, the child may be referred to a certified alcohol safety action program in accordance with §18.2-271.1 upon such terms and conditions as the court may set forth. If the finding as to such child involves a violation designated under clause (iii), (iv), (v), (vii) or (viii) of subsection A, such child may be referred to appropriate rehabilitative or educational services upon such terms and conditions as the court may set forth.
The court, in its discretion and upon a demonstration of hardship, may authorize the use of a restricted permit to operate a motor vehicle by any child who has a driver's license at the time of the offense or at the time of the court's finding as provided in subsection A1 or A2 for any of the purposes set forth in subsection E of §18.2-271.1 or for travel to and from school, except that no restricted license shall be issued for travel to and from home and school when school-provided transportation is available and no restricted license shall be issued if the finding as to such child involves a violation designated under clause (iii) or (iv) of subsection A, or if it involves a second or subsequent violation of any offense designated in subsection A, a second finding by the court of failure to comply with school attendance and meeting requirements as provided in subsection A1, or a second or subsequent finding by the court of a refusal to take a blood test as provided in subsection A2. The issuance of the restricted permit shall be set forth within the court order, a copy of which shall be provided to the child, and shall specifically enumerate the restrictions imposed and contain such information regarding the child as is reasonably necessary to identify him. The child may operate a motor vehicle under the court order in accordance with its terms. Any child who operates a motor vehicle in violation of any restrictions imposed pursuant to this section is guilty of a violation of §46.2-301.
E. Upon petition made at least 90 days after issuance of the order, the court may review and withdraw any order of denial of a driver's license if for a first such offense or finding as provided in subsection A1 or A2. For a second or subsequent such offense or finding, the order may not be reviewed and withdrawn until one year after its issuance.
F. If the finding as to such child involves a first violation designated under clause (vii) of subsection A, upon fulfillment of the terms and conditions prescribed by the court and after the child's driver's license has been restored, the court shall or, in the event the violation resulted in the injury or death of any person or if the finding involves a violation designated under clause (i), (ii), (v), or (vi) of subsection A, may discharge the child and dismiss the proceedings against him. Discharge and dismissal under these provisions shall be without an adjudication of guilt but a record of the proceeding shall be retained for the purpose of applying this section in subsequent proceedings. Failure of the child to fulfill such terms and conditions shall result in an adjudication of guilt. If the finding as to such child involves a violation designated under clause (iii) or (iv) of subsection A, the charge shall not be dismissed pursuant to this subsection but shall be disposed of pursuant to the provisions of this chapter or §18.2-251. If the finding as to such child involves a second violation under clause (v), (vi) or (vii) of subsection A, the charge shall not be dismissed pursuant to this subsection but shall be disposed of under §16.1-278.8.
§17.1-805. Adoption of initial discretionary sentencing guideline midpoints.
A. The Commission shall adopt an initial set of discretionary felony sentencing guidelines which shall become effective on January 1, 1995. The initial recommended sentencing range for each felony offense shall be determined first, by computing the actual time-served distribution for similarly situated offenders, in terms of their conviction offense and prior criminal history, released from incarceration during the base period of calendar years 1988 through 1992, increased by 13.4 percent, and second, by eliminating from this range the upper and lower quartiles. The midpoint of each initial recommended sentencing range shall be the median time served for the middle two quartiles and subject to the following additional enhancements:
1. The midpoint of the initial recommended sentencing range for first degree murder, second degree murder, rape in violation of §18.2-61, forcible sodomy, object sexual penetration, and aggravated sexual battery shall be further increased by (i) 125 percent in cases in which the defendant has no previous conviction of a violent felony offense; (ii) 300 percent in cases in which the defendant has previously been convicted of a violent felony offense punishable by a maximum punishment of less than 40 years; or (iii) 500 percent in cases in which the defendant has previously been convicted of a violent felony offense punishable by a maximum punishment of 40 years or more, except that the recommended sentence for a defendant convicted of first degree murder who has previously been convicted of a violent felony offense punishable by a maximum term of imprisonment of 40 years or more shall be imprisonment for life;
2. The midpoint of the initial recommended sentencing range for voluntary manslaughter, robbery, aggravated malicious wounding, malicious wounding, and any burglary of a dwelling house or statutory burglary of a dwelling house or any burglary committed while armed with a deadly weapon or any statutory burglary committed while armed with a deadly weapon shall be further increased by (i) 100 percent in cases in which the defendant has no previous conviction of a violent felony offense, (ii) 300 percent in cases in which the defendant has previously been convicted of a violent felony offense punishable by a maximum term of imprisonment of less than 40 years, or (iii) 500 percent in cases in which the defendant has previously been convicted of a violent felony offense punishable by a maximum term of imprisonment of 40 years or more;
3. The midpoint of the initial recommended sentencing range for manufacturing, selling, giving, or distributing, or possessing with the intent to manufacture, sell, give, or distribute a Schedule I or II controlled substance, shall be increased by (i) 200 percent in cases in which the defendant has previously been convicted of a violent felony offense punishable by a maximum punishment of less than 40 years or (ii) 400 percent in cases in which the defendant has previously been convicted of a violent felony offense punishable by a maximum term of imprisonment of 40 years or more; and
4. The midpoint of the initial recommended sentencing range for felony offenses not specified in subdivision 1, 2, or 3 shall be increased by 100 percent in cases in which the defendant has previously been convicted of a violent felony offense punishable by a maximum punishment of less than 40 years and by 300 percent in cases in which the defendant has previously been convicted of a violent felony offense punishable by a maximum term of imprisonment of 40 years or more.
B. For purposes of this chapter, previous convictions shall include prior adult convictions and juvenile convictions and adjudications of delinquency based on an offense which would have been at the time of conviction a felony if committed by an adult under the laws of any state, the District of Columbia, or the United States or its territories.
C. For purposes of this chapter, violent felony offenses shall include any felony violation of §16.1-253.2; solicitation to commit murder under §18.2-29; any violation of §18.2-31, 18.2-32, 18.2-32.1, 18.2-32.2, 18.2-33, or 18.2-35; any violation of subsection B of §18.2-36.1; any violation of §18.2-40 or 18.2-41; any violation of clause (c) (i) or (ii) of subsection B of §18.2-46.3; any violation of §18.2-46.5, 18.2-46.6, or 18.2-46.7; any Class 5 felony violation of §18.2-47; any felony violation of § 18.2-48, 18.2-48.1, or 18.2-49; any violation of §18.2-51, 18.2-51.1, 18.2-51.2, 18.2-51.3, 18.2-51.4, 18.2-51.6, 18.2-52, 18.2-52.1, 18.2-53, 18.2-53.1, 18.2-54.1, 18.2-54.2, or 18.2-55; any violation of subsection B of § 18.2-57; any felony violation of §18.2-57.2; any violation of §18.2-58 or 18.2-58.1; any felony violation of §18.2-60.1, 18.2-60.3, or 18.2-60.4; any violation of §18.2-61, 18.2-64.1, 18.2-67.1, 18.2-67.2, former §18.2-67.2:1, 18.2-67.3, 18.2-67.5, or 18.2-67.5:1 involving a third conviction of either sexual battery in violation of §18.2-67.4 or attempted sexual battery in violation of subsection C of §18.2-67.5; any Class 4 felony violation of § 18.2-63; any violation of subsection A of §18.2-67.4:1; any violation of subsection A of §18.2-77; any Class 3 felony violation of §18.2-79; any Class 3 felony violation of §18.2-80; any violation of §18.2-85, 18.2-89, 18.2-90, 18.2-91, 18.2-92, or 18.2-93; any felony violation of §18.2-152.7; any Class 4 felony violation of §18.2-153; any Class 4 felony violation of §18.2-154; any Class 4 felony violation of §18.2-155; any felony violation of §18.2-162; any violation of §18.2-279 involving an occupied dwelling; any felony violation of subsection A or B of §18.2-280; any violation of §18.2-281; any felony violation of subsection A of §18.2-282; any felony violation of §18.2-282.1; any violation of §18.2-286.1, 18.2-287.2, 18.2-289, or 18.2-290; any violation of subsection A of §18.2-300; any felony violation of subsection C of § 18.2-308.1 or §18.2-308.2; any violation of §18.2-308.2:1 or subsection M or N of §18.2-308.2:2; any violation of §18.2-308.3 or 18.2-312; any felony violation of §18.2-346, 18.2-348, or 18.2-349; any violation of §18.2-355, 18.2-356, 18.2-357, or 18.2-357.1; any violation of former §18.2-358; any violation of subsection B of §18.2-361; any violation of subsection B of § 18.2-366; any violation of §18.2-368, 18.2-370, or 18.2-370.1; any violation of subsection A of §18.2-371.1; any felony violation of §18.2-369 resulting in serious bodily injury or disease; any violation of §18.2-374.1; any felony violation of §18.2-374.1:1; any violation of §18.2-374.3 or 18.2-374.4; any second or subsequent offense under §§18.2-379 and 18.2-381; any felony violation of §18.2-405 or 18.2-406; any violation of §18.2-408, 18.2-413, 18.2-414, 18.2-423, 18.2-423.01, 18.2-423.1, 18.2-423.2, or 18.2-433.2; any felony violation of § 3.2-4176, 18.2-460, 18.2-474.1, or 18.2-477.1; any violation of §18.2-477, 18.2-478, 18.2-480, 18.2-481, or 18.2-485; any violation of §37.2-917; any violation of §52-48; any violation of §53.1-203; any conspiracy or attempt to commit any offense specified in this subsection, or any substantially similar offense under the laws of any state, the District of Columbia, or the United States or its territories.
§18.2-46.1. Definitions.
As used in this article unless the context requires otherwise or it is otherwise provided:
"Act of violence" means those felony offenses described in subsection A of §19.2-297.1.
"Criminal street gang" means any ongoing organization, association, or group of three or more persons, whether formal or informal, (i) which has as one of its primary objectives or activities the commission of one or more criminal activities; (ii) which has an identifiable name or identifying sign or symbol; and (iii) whose members individually or collectively have engaged in the commission of, attempt to commit, conspiracy to commit, or solicitation of two or more predicate criminal acts, at least one of which is an act of violence, provided such acts were not part of a common act or transaction.
"Predicate criminal act" means (i) an act of
violence; (ii) any violation of §3.2-4171, 3.2-4174,
3.2-4175, 3.2-4177, 18.2-31, 18.2-42, 18.2-46.3,
18.2-51, 18.2-51.1, 18.2-51.2, 18.2-51.3, 18.2-51.6, 18.2-52, 18.2-52.1,
18.2-53, 18.2-53.1, 18.2-55, 18.2-56.1, 18.2-57, 18.2-57.2, 18.2-59, 18.2-83,
18.2-89, 18.2-90, 18.2-95, 18.2-108.1, 18.2-121, 18.2-127, 18.2-128, 18.2-137,
18.2-138, 18.2-146, 18.2-147, 18.2-248.01, 18.2-248.03, 18.2-255, 18.2-255.2,
18.2-279, 18.2-282.1, 18.2-286.1, 18.2-287.4, 18.2-289, 18.2-300, 18.2-308.1,
18.2-308.2, 18.2-308.2:01, 18.2-308.4, 18.2-355, 18.2-356, 18.2-357, or
18.2-357.1; (iii) a felony violation of §18.2-60.3, 18.2-346, 18.2-348, or
18.2-349; (iv) a felony violation of § 3.2-4167, 3.2-4169,
3.2-4170, 3.2-4172, or 18.2-248 or
of 18.2-248.1 or a conspiracy to commit a felony violation
of § 3.2-4167, 3.2-4169, 3.2-4170, 3.2-4172, or
18.2-248 or 18.2-248.1; (v) any
violation of a local ordinance adopted pursuant to §15.2-1812.2; or (vi) any
substantially similar offense under the laws of another state or territory of
the United States, the District of Columbia, or the United States.
§18.2-247. Use of terms "controlled substances," "Schedules I, II, III, IV, V and VI," "imitation controlled substance" and "counterfeit controlled substance" in Title 18.2.
A. Wherever the terms "controlled substances" and "Schedules I, II, III, IV, V and VI" are used in Title 18.2, such terms refer to those terms as they are used or defined in the Drug Control Act (§54.1-3400 et seq.).
B. The term "imitation controlled substance" when used in this article means (i) a counterfeit controlled substance or (ii) a pill, capsule, tablet, or substance in any form whatsoever which is not a controlled substance subject to abuse, and:
1. Which by overall dosage unit appearance, including color, shape, size, marking and packaging or by representations made, would cause the likelihood that such a pill, capsule, tablet, or substance in any other form whatsoever will be mistaken for a controlled substance unless such substance was introduced into commerce prior to the initial introduction into commerce of the controlled substance which it is alleged to imitate; or
2. Which by express or implied representations purports to act like a controlled substance as a stimulant or depressant of the central nervous system and which is not commonly used or recognized for use in that particular formulation for any purpose other than for such stimulant or depressant effect, unless marketed, promoted, or sold as permitted by the United States Food and Drug Administration.
C. In determining whether a pill, capsule, tablet, or substance in any other form whatsoever, is an "imitation controlled substance," there shall be considered, in addition to all other relevant factors, comparisons with accepted methods of marketing for legitimate nonprescription drugs for medicinal purposes rather than for drug abuse or any similar nonmedicinal use, including consideration of the packaging of the drug and its appearance in overall finished dosage form, promotional materials or representations, oral or written, concerning the drug, and the methods of distribution of the drug and where and how it is sold to the public.
D. The term
"marijuana" when used in this article means any part of a plant of
the genus Cannabis, whether growing or not, its seeds or resin; and every
compound, manufacture, salt, derivative, mixture, or preparation of such plant,
its seeds, or its resin. Marijuana shall not include any oily extract
containing one or more cannabinoids unless such extract contains less than 12
percent of tetrahydrocannabinol by weight, or the mature stalks of such plant,
fiber produced from such stalk, oil or cake made from the seed of such plant,
unless such stalks, fiber, oil or cake is combined with other parts of plants
of the genus Cannabis. Marijuana shall not include (i) industrial hemp, as
defined in §3.2-4112, that is possessed by a person registered pursuant to
subsection A of §3.2-4115 or his agent or (ii) a hemp product, as defined in §
3.2-4112, containing a tetrahydrocannabinol concentration of no greater than
0.3 percent that is derived from industrial hemp, as defined in §3.2-4112,
that is grown, dealt, or processed in compliance with state or federal law.
E.
The term "counterfeit controlled substance" means a controlled
substance that, without authorization, bears, is packaged in a container or
wrapper that bears, or is otherwise labeled to bear, the trademark, trade name,
or other identifying mark, imprint or device or any likeness thereof, of a drug
manufacturer, processor, packer, or distributor other than the manufacturer,
processor, packer, or distributor who did in fact so manufacture, process, pack
or distribute such drug.
§18.2-248. Manufacturing, selling, giving, distributing, or possessing with intent to manufacture, sell, give, or distribute a controlled substance or an imitation controlled substance prohibited; penalties.
A. Except as authorized in the Drug Control Act (§54.1-3400 et seq.), it shall be unlawful for any person to manufacture, sell, give, distribute, or possess with intent to manufacture, sell, give or distribute a controlled substance or an imitation controlled substance.
B. In determining whether any person intends to manufacture, sell, give or distribute an imitation controlled substance, the court may consider, in addition to all other relevant evidence, whether any distribution or attempted distribution of such pill, capsule, tablet or substance in any other form whatsoever included an exchange of or a demand for money or other property as consideration, and, if so, whether the amount of such consideration was substantially greater than the reasonable value of such pill, capsule, tablet or substance in any other form whatsoever, considering the actual chemical composition of such pill, capsule, tablet or substance in any other form whatsoever and, where applicable, the price at which over-the-counter substances of like chemical composition sell.
C. Except as provided in subsection C1, any person who violates this section with respect to a controlled substance classified in Schedule I or II shall upon conviction be imprisoned for not less than five nor more than 40 years and fined not more than $500,000. Upon a second conviction of such a violation, and it is alleged in the warrant, indictment, or information that the person has been before convicted of such an offense or of a substantially similar offense in any other jurisdiction, which offense would be a felony if committed in the Commonwealth, and such prior conviction occurred before the date of the offense alleged in the warrant, indictment, or information, any such person may, in the discretion of the court or jury imposing the sentence, be sentenced to imprisonment for life or for any period not less than five years, three years of which shall be a mandatory minimum term of imprisonment to be served consecutively with any other sentence, and he shall be fined not more than $500,000.
When a person is convicted of a third or subsequent offense under this subsection and it is alleged in the warrant, indictment or information that he has been before convicted of two or more such offenses or of substantially similar offenses in any other jurisdiction which offenses would be felonies if committed in the Commonwealth and such prior convictions occurred before the date of the offense alleged in the warrant, indictment, or information, he shall be sentenced to imprisonment for life or for a period of not less than 10 years, 10 years of which shall be a mandatory minimum term of imprisonment to be served consecutively with any other sentence, and he shall be fined not more than $500,000.
Any person who manufactures, sells, gives, distributes or possesses with the intent to manufacture, sell, give, or distribute the following is guilty of a felony punishable by a fine of not more than $1 million and imprisonment for five years to life, five years of which shall be a mandatory minimum term of imprisonment to be served consecutively with any other sentence:
1. 100 grams or more of a mixture or substance containing a detectable amount of heroin;
2. 500 grams or more of a mixture or substance containing a detectable amount of:
a. Coca leaves, except coca leaves and extracts of coca leaves from which cocaine, ecgonine, and derivatives of ecgonine or their salts have been removed;
b. Cocaine, its salts, optical and geometric isomers, and salts of isomers;
c. Ecgonine, its derivatives, their salts, isomers, and salts of isomers; or
d. Any compound, mixture, or preparation that contains any quantity of any of the substances referred to in subdivisions 2a through 2c;
3. 250 grams or more of a mixture or substance described in subdivisions 2a through 2d that contain cocaine base; or
4. 10 grams or more of methamphetamine, its salts, isomers, or salts of its isomers or 20 grams or more of a mixture or substance containing a detectable amount of methamphetamine, its salts, isomers, or salts of its isomers.
The mandatory minimum term of imprisonment to be imposed for a violation of this subsection shall not be applicable if the court finds that:
a. The person does not have a prior conviction for an offense listed in subsection C of §17.1-805;
b. The person did not use violence or credible threats of violence or possess a firearm or other dangerous weapon in connection with the offense or induce another participant in the offense to do so;
c. The offense did not result in death or serious bodily injury to any person;
d. The person was not an organizer, leader, manager, or supervisor of others in the offense, and was not engaged in a continuing criminal enterprise as defined in subsection I; and
e. Not later than the time of the sentencing hearing, the person has truthfully provided to the Commonwealth all information and evidence the person has concerning the offense or offenses that were part of the same course of conduct or of a common scheme or plan, but the fact that the person has no relevant or useful other information to provide or that the Commonwealth already is aware of the information shall not preclude a determination by the court that the defendant has complied with this requirement.
C1. Any person who violates this section with respect to the manufacturing of methamphetamine, its salts, isomers, or salts of its isomers or less than 200 grams of a mixture or substance containing a detectable amount of methamphetamine, its salts, isomers, or salts of its isomers shall, upon conviction, be imprisoned for not less than 10 nor more than 40 years and fined not more than $500,000. Upon a second conviction of such a violation, any such person may, in the discretion of the court or jury imposing the sentence, be sentenced to imprisonment for life or for any period not less than 10 years, and be fined not more than $500,000. When a person is convicted of a third or subsequent offense under this subsection and it is alleged in the warrant, indictment, or information that he has been previously convicted of two or more such offenses or of substantially similar offenses in any other jurisdiction, which offenses would be felonies if committed in the Commonwealth and such prior convictions occurred before the date of the offense alleged in the warrant, indictment, or information, he shall be sentenced to imprisonment for life or for a period not less than 10 years, three years of which shall be a mandatory minimum term of imprisonment to be served consecutively with any other sentence and he shall be fined not more than $500,000.
Upon conviction, in addition to any other punishment, a person found guilty of this offense shall be ordered by the court to make restitution, as the court deems appropriate, to any innocent property owner whose property is damaged, destroyed, or otherwise rendered unusable as a result of such methamphetamine production. This restitution shall include the person's or his estate's estimated or actual expenses associated with cleanup, removal, or repair of the affected property. If the property that is damaged, destroyed, or otherwise rendered unusable as a result of such methamphetamine production is property owned in whole or in part by the person convicted, the court shall order the person to pay to the Methamphetamine Cleanup Fund authorized in § 18.2-248.04 the reasonable estimated or actual expenses associated with cleanup, removal, or repair of the affected property or, if actual or estimated expenses cannot be determined, the sum of $10,000. The convicted person shall also pay the cost of certifying that any building that is cleaned up or repaired pursuant to this section is safe for human occupancy according to the guidelines established pursuant to §32.1-11.7.
D. If such person proves that he gave, distributed or
possessed with intent to give or distribute a controlled substance classified
in Schedule I or II only as an accommodation to another individual who is not
an inmate in a community correctional facility, local correctional facility or
state correctional facility as defined in §53.1-1 or in the custody of an
employee thereof, and not with intent to profit thereby from any consideration
received or expected nor to induce the recipient or intended recipient of the
controlled substance to use or become addicted to or dependent upon such
controlled substance, he shall be is guilty of a Class 5 felony.
E. If the violation of the provisions of this article consists of the filling by a pharmacist of the prescription of a person authorized under this article to issue the same, which prescription has not been received in writing by the pharmacist prior to the filling thereof, and such written prescription is in fact received by the pharmacist within one week of the time of filling the same, or if such violation consists of a request by such authorized person for the filling by a pharmacist of a prescription which has not been received in writing by the pharmacist and such prescription is, in fact, written at the time of such request and delivered to the pharmacist within one week thereof, either such offense shall constitute a Class 4 misdemeanor.
E1. Any person who violates this section with respect to a
controlled substance classified in Schedule III except for an anabolic steroid
classified in Schedule III, constituting a violation of §18.2-248.5, shall be is
guilty of a Class 5 felony.
E2. Any person who violates this section with respect to a
controlled substance classified in Schedule IV
shall be is
guilty of a Class 6 felony.
E3. Any person who proves that he gave, distributed or possessed with the intent to give or distribute a controlled substance classified in Schedule III or IV, except for an anabolic steroid classified in Schedule III, constituting a violation of §18.2-248.5, only as an accommodation to another individual who is not an inmate in a community correctional facility, local correctional facility or state correctional facility as defined in §53.1-1 or in the custody of an employee thereof, and not with the intent to profit thereby from any consideration received or expected nor to induce the recipient or intended recipient of the controlled substance to use or become addicted to or dependent upon such controlled substance, is guilty of a Class 1 misdemeanor.
F. Any person who violates this section with respect to a
controlled substance classified in Schedule V or Schedule VI or an imitation
controlled substance which that imitates a controlled
substance classified in Schedule V or Schedule VI,
shall be is
guilty of a Class 1 misdemeanor.
G. Any person who violates this section with respect to an
imitation controlled substance which that imitates a controlled
substance classified in Schedule I, II, III, or IV
shall be is
guilty of a Class 6 felony. In any prosecution brought under this subsection,
it is not a defense to a violation of this subsection that the defendant
believed the imitation controlled substance to actually be a controlled
substance.
H. Any person who manufactures, sells, gives, distributes or possesses with the intent to manufacture, sell, give or distribute the following:
1. 1.0 kilograms or more of a mixture or substance containing a detectable amount of heroin;
2. 5.0 kilograms or more of a mixture or substance containing a detectable amount of:
a. Coca leaves, except coca leaves and extracts of coca leaves from which cocaine, ecgonine, and derivatives of ecgonine or their salts have been removed;
b. Cocaine, its salts, optical and geometric isomers, and salts of isomers;
c. Ecgonine, its derivatives, their salts, isomers, and salts of isomers; or
d. Any compound, mixture, or preparation which contains any quantity of any of the substances referred to in subdivisions a through c;
3. 2.5 kilograms or more of a mixture or substance described in subdivision 2 which contains cocaine base; or
4. 100 kilograms or more
of a mixture or substance containing a detectable amount of marijuana; or
5.
100 grams or more of methamphetamine, its salts, isomers, or salts of its
isomers or 200 grams or more of a mixture or substance containing a detectable
amount of methamphetamine, its salts, isomers, or salts of its isomers shall be is
guilty of a felony punishable by a fine of not more than $1 million and
imprisonment for 20 years to life, 20 years of which shall be a mandatory
minimum sentence. Such mandatory minimum sentence shall not be applicable if
the court finds that (i) the person does not have a prior conviction for an
offense listed in subsection C of §17.1-805; (ii) the person did not use
violence or credible threats of violence or possess a firearm or other
dangerous weapon in connection with the offense or induce another participant
in the offense to do so; (iii) the offense did not result in death or serious
bodily injury to any person; (iv) the person was not an organizer, leader,
manager, or supervisor of others in the offense, and was not engaged in a
continuing criminal enterprise as defined in subsection I of this section; and
(v) not later than the time of the sentencing hearing, the person has
truthfully provided to the Commonwealth all information and evidence the person
has concerning the offense or offenses that were part of the same course of
conduct or of a common scheme or plan, but the fact that the person has no relevant
or useful other information to provide or that the Commonwealth already is
aware of the information shall not preclude a determination by the court that
the defendant has complied with this requirement.
H1. Any person who was the principal or one of several
principal administrators, organizers or leaders of a continuing criminal
enterprise shall be is
guilty of a felony if (i) the enterprise received at least $100,000 but less
than $250,000 in gross receipts during any 12-month period of its existence from
the manufacture, importation, or distribution of heroin or cocaine or ecgonine
or methamphetamine or the derivatives, salts, isomers, or salts of isomers
thereof or marijuana or (ii) the
person engaged in the enterprise to manufacture, sell, give, distribute or
possess with the intent to manufacture, sell, give or distribute the following
during any 12-month period of its existence:
1. At least 1.0 kilograms but less than 5.0 kilograms of a mixture or substance containing a detectable amount of heroin;
2. At least 5.0 kilograms but less than 10 kilograms of a mixture or substance containing a detectable amount of:
a. Coca leaves, except coca leaves and extracts of coca leaves from which cocaine, ecgonine, and derivatives of ecgonine or their salts have been removed;
b. Cocaine, its salts, optical and geometric isomers, and salts of isomers;
c. Ecgonine, its derivatives, their salts, isomers, and salts of isomers; or
d. Any compound, mixture, or preparation which contains any quantity of any of the substances referred to in subdivisions a through c;
3. At least 2.5 kilograms but less than 5.0 kilograms of a mixture or substance described in subdivision 2 which contains cocaine base; or
4. At least 100
kilograms but less than 250 kilograms of a mixture or
substance containing a detectable amount of marijuana; or
5.
At least 100 grams but less than 250 grams of methamphetamine, its salts,
isomers, or salts of its isomers or at least 200 grams but less than 1.0
kilograms of a mixture or substance containing a detectable amount of
methamphetamine, its salts, isomers, or salts of its isomers.
A conviction under this section shall be punishable by a fine of not more than $1 million and imprisonment for 20 years to life, 20 years of which shall be a mandatory minimum sentence.
H2. Any person who was the principal or one of several
principal administrators, organizers or leaders of a continuing criminal
enterprise if (i) the enterprise received $250,000 or more in gross receipts
during any 12-month period of its existence from the manufacture, importation,
or distribution of heroin or cocaine or ecgonine or methamphetamine or the
derivatives, salts, isomers, or salts of isomers thereof or
marijuana or (ii) the person engaged in the enterprise to
manufacture, sell, give, distribute or possess with the intent to manufacture,
sell, give or distribute the following during any 12-month period of its
existence:
1. At least 5.0 kilograms of a mixture or substance containing a detectable amount of heroin;
2. At least 10 kilograms of a mixture or substance containing a detectable amount of:
a. Coca leaves, except coca leaves and extracts of coca leaves from which cocaine, ecgonine, and derivatives of ecgonine or their salts have been removed;
b. Cocaine, its salts, optical and geometric isomers, and salts of isomers;
c. Ecgonine, its derivatives, their salts, isomers, and salts of isomers; or
d. Any compound, mixture, or preparation which that contains any quantity of
any of the substances referred to in subdivisions a through c;
3. At least 5.0 kilograms of a mixture or substance described in subdivision 2 which contains cocaine base; or
4. At least 250
kilograms of a mixture or substance containing a detectable amount of
marijuana; or
5.
At least 250 grams of methamphetamine, its salts, isomers, or salts of its
isomers or at least 1.0 kilograms of a mixture or substance containing a
detectable amount of methamphetamine, its salts, isomers, or salts of its
isomers shall be is
guilty of a felony punishable by a fine of not more than $1 million and
imprisonment for life, which shall be served with no suspension in whole or in
part. Such punishment shall be made to run consecutively with any other
sentence. However, the court may impose a mandatory minimum sentence of 40
years if the court finds that the defendant substantially cooperated with
law-enforcement authorities.
I. For purposes of this section, a person is engaged in a continuing criminal enterprise if (i) he violates any provision of this section, the punishment for which is a felony and either (ii) such violation is a part of a continuing series of violations of this section which are undertaken by such person in concert with five or more other persons with respect to whom such person occupies a position of organizer, a supervisory position, or any other position of management, and from which such person obtains substantial income or resources or (iii) such violation is committed, with respect to methamphetamine or other controlled substance classified in Schedule I or II, for the benefit of, at the direction of, or in association with any criminal street gang as defined in §18.2-46.1.
J. Except as authorized in the Drug Control Act (§54.1-3400
et seq.), any person who possesses any two or more different substances listed
below with the intent to manufacture methamphetamine, methcathinone, or
amphetamine is guilty of a Class 6 felony: liquified liquefied ammonia gas,
ammonium nitrate, ether, hypophosphorus acid solutions, hypophosphite salts,
hydrochloric acid, iodine crystals or tincture of iodine, phenylacetone,
phenylacetic acid, red phosphorus, methylamine, methyl formamide, lithium,
sodium metal, sulfuric acid, sodium hydroxide, potassium dichromate, sodium
dichromate, potassium permanganate, chromium trioxide, methylbenzene,
methamphetamine precursor drugs, trichloroethane, or 2-propanone.
K. The term "methamphetamine precursor drug," when used in this article, means a drug or product containing ephedrine, pseudoephedrine, or phenylpropanolamine or any of their salts, optical isomers, or salts of optical isomers.
§18.2-248.01. Transporting controlled substances into the Commonwealth; penalty.
Except as authorized in the Drug Control Act (§54.1-3400 et
seq.), it is unlawful for any person
to transport into the Commonwealth by any means with intent to sell or
distribute one ounce or more of cocaine, coca leaves or any salt, compound,
derivative or preparation thereof as described in Schedule II of the Drug
Control Act or one ounce or more of any other Schedule I or II controlled
substance or five or more pounds of marijuana.
A violation of this section shall constitute a separate and distinct felony.
Upon conviction, the person shall be sentenced to not less than five years nor
more than 40 years imprisonment, three years of which shall be a mandatory
minimum term of imprisonment, and a fine not to exceed
$1,000,000 $1 million.
A second or subsequent conviction hereunder shall be punishable by a mandatory
minimum term of imprisonment of 10 years, which shall be served consecutively
with any other sentence.
§18.2-251. Persons charged with first offense may be placed on probation; conditions; substance abuse screening, assessment treatment and education programs or services; drug tests; costs and fees; violations; discharge.
Whenever any person who has not previously been convicted of
any offense under this article or under any statute of the United States or of
any state relating to narcotic drugs,
marijuana, or, stimulant, depressant, or
hallucinogenic drugs, or has not previously had a proceeding against him for
violation of such an offense dismissed as provided in this section, pleads
guilty to or enters a plea of not guilty to possession of a controlled
substance under §18.2-250 or to possession of
marijuana under §18.2-250.1, the court, upon such plea if
the facts found by the court would justify a finding of guilt, without entering
a judgment of guilt and with the consent of the accused, may defer further
proceedings and place him on probation upon terms and conditions. If the court
defers further proceedings, at that time the court shall determine whether the
clerk of court has been provided with the fingerprint identification
information or fingerprints of the person, taken by a law-enforcement officer
pursuant to §19.2-390, and, if not, shall order that the fingerprints and
photograph of the person be taken by a law-enforcement officer.
As a term or condition, the court shall require the accused to
undergo a substance abuse assessment pursuant to §18.2-251.01 or 19.2-299.2,
as appropriate, and enter treatment and/or or an education program or
services, or any combination thereof, if
available, such as, in the opinion of the court, may be best suited to the
needs of the accused based upon consideration of the substance abuse
assessment. The program or services may be located in the judicial district in
which the charge is brought or in any other judicial district as the court may
provide. The services shall be provided by (i) a program licensed by the
Department of Behavioral Health and Developmental Services, or by a similar program which
that is made available through the Department of
Corrections, (ii) a local community-based probation services agency established
pursuant to §9.1-174, or (iii) an ASAP program certified by the Commission on
VASAP.
The court shall require the person entering such program under the provisions of this section to pay all or part of the costs of the program, including the costs of the screening, assessment, testing, and treatment, based upon the accused's ability to pay, unless the person is determined by the court to be indigent.
As a condition of probation, the court shall require the
accused (a) to successfully complete treatment or an
education program or services, (b) to remain drug
and alcohol free during the period of probation and submit to such tests during
that period as may be necessary and appropriate to determine if the accused is
drug and alcohol free, (c) to make reasonable efforts to secure and maintain
employment, and (d) to comply with a plan of at least 100 hours of community
service for a felony and up to 24 hours of community service for a misdemeanor. In addition to any community service required by
the court pursuant to clause (d), if the court does not suspend or revoke the
accused's license as a term or condition of probation for a violation of §
18.2-250.1, the court shall require the accused to comply with a plan of 50
hours of community service. Such testing shall be conducted
by personnel of the supervising probation agency or personnel of any program or
agency approved by the supervising probation agency.
Upon violation of a term or condition, the court may enter an adjudication of guilt and proceed as otherwise provided. Upon fulfillment of the terms and conditions, and upon determining that the clerk of court has been provided with the fingerprint identification information or fingerprints of such person, the court shall discharge the person and dismiss the proceedings against him. Discharge and dismissal under this section shall be without adjudication of guilt and is a conviction only for the purposes of applying this section in subsequent proceedings.
Notwithstanding any other provision of this section, whenever
a court places an individual on probation upon terms and conditions pursuant to
this section, such action shall be treated as a conviction for purposes of §§
18.2-259.1, 22.1-315, and 46.2-390.1, and the driver's license forfeiture
provisions of those sections shall be imposed.
However, if the court places an individual on probation upon terms and
conditions for a violation of §18.2-250.1, such action shall not be treated as
a conviction for purposes of §18.2-259.1 or 46.2-390.1, provided that a court
(1) may suspend or revoke an individual's driver's license as a term or
condition of probation and (2) shall suspend or revoke an individual's driver's
license as a term or condition of probation for a period of six months if the
violation of §18.2-250.1 was committed while such person was in operation of a
motor vehicle. The provisions of this paragraph shall not
be applicable to any offense for which a juvenile has had his license suspended
or denied pursuant to §16.1-278.9 for the same offense.
§18.2-251.03. Safe reporting of overdoses.
A. For purposes of this section, "overdose" means a life-threatening condition resulting from the consumption or use of a controlled substance, alcohol, or any combination of such substances.
B. It shall be an affirmative defense to prosecution of an
individual for the unlawful purchase, possession, or consumption of alcohol
pursuant to §4.1-305, possession of a controlled substance pursuant to §
18.2-250, possession of marijuana pursuant to §18.2-250.1,
intoxication in public pursuant to §18.2-388, or possession of controlled
paraphernalia pursuant to §54.1-3466 if:
1. Such individual, in good faith, seeks or obtains emergency medical attention for himself, if he is experiencing an overdose, or for another individual, if such other individual is experiencing an overdose, by contemporaneously reporting such overdose to a firefighter, as defined in § 65.2-102, emergency medical services personnel, as defined in §32.1-111.1, a law-enforcement officer, as defined in §9.1-101, or an emergency 911 system;
2. Such individual remains at the scene of the overdose or at any alternative location to which he or the person requiring emergency medical attention has been transported until a law-enforcement officer responds to the report of an overdose. If no law-enforcement officer is present at the scene of the overdose or at the alternative location, then such individual shall cooperate with law enforcement as otherwise set forth herein;
3. Such individual identifies himself to the law-enforcement officer who responds to the report of the overdose; and
4. The evidence for the prosecution of an offense enumerated in this subsection was obtained as a result of the individual seeking or obtaining emergency medical attention.
C. No individual may assert the affirmative defense provided for in this section if the person sought or obtained emergency medical attention for himself or another individual during the execution of a search warrant or during the conduct of a lawful search or a lawful arrest.
D. This section does not establish an affirmative defense for any individual or offense other than those listed in subsection B.
§18.2-251.1:1. Possession or distribution of cannabidiol oil or THC-A oil; public schools.
No school nurse employed by a local school board, person
employed by a local health department who is assigned to the public school
pursuant to an agreement between the local health department and the school
board, or other person employed by or contracted with a local school board to
deliver health-related services shall be prosecuted under §
3.2-4164, 3.2-4165, 3.2-4167, 3.2-4169, 3.2-4170, 3.2-4171, 3.2-4172,
18.2-248, 18.2-248.1, 18.2-250, 18.2-250.1, or 18.2-255 for
the possession or distribution of cannabidiol oil or THC-A oil for storing,
dispensing, or administering cannabidiol oil or THC-A oil, in accordance with a
policy adopted by the local school board, to a student who has been issued a
valid written certification for the use of cannabidiol oil or THC-A oil in
accordance with subsection B of §54.1-3408.3.
§18.2-252. Suspended sentence conditioned upon substance abuse screening, assessment, testing, and treatment or education.
The trial judge or court trying the case of any person found
guilty of violating any law concerning the use, in any manner, of drugs,
controlled substances, narcotics, marijuana,
noxious chemical substances,
and like substances,
shall condition any suspended sentence by first requiring such person to agree
to undergo a substance abuse screening pursuant to §18.2-251.01 and to submit
to such periodic substance abuse testing, to include alcohol testing, as may be
directed by the court. Such testing shall be conducted by the supervising
probation agency or by personnel of any program or agency approved by the
supervising probation agency. The cost of such testing ordered by the court
shall be paid by the Commonwealth and taxed as a part of the costs of such
criminal proceedings. The judge or court shall order the person, as a condition
of any suspended sentence, to undergo such treatment or education for substance
abuse, if available, as the judge or court deems appropriate based upon
consideration of the substance abuse assessment. The treatment or education
shall be provided by a program or agency licensed by the Department of
Behavioral Health and Developmental Services, by a similar program or services
available through the Department of Corrections if the court imposes a sentence
of one year or more or, if the court imposes a sentence of 12 months or less,
by a similar program or services available through a local or regional jail, a
local community-based probation services agency established pursuant to §
9.1-174, or an ASAP program certified by the Commission on VASAP.
§18.2-254. Commitment of convicted person for treatment for substance abuse.
A. Whenever any person who has not previously been convicted
of any offense under this article or under any statute of the United States or
of any state relating to narcotic drugs,
marijuana, stimulant, depressant, or hallucinogenic drugs
or has not previously had a proceeding against him for violation of such an
offense dismissed as provided in §18.2-251 is found guilty of violating any
law concerning the use, in any manner, of drugs, controlled substances,
narcotics, marijuana, noxious chemical
substances, and like substances, the judge or court shall require such person
to undergo a substance abuse screening pursuant to §18.2-251.01 and to submit
to such periodic substance abuse testing, to include alcohol testing, as may be
directed by the court. The cost of such testing ordered by the court shall be
paid by the Commonwealth and taxed as a part of the costs of the criminal
proceedings. The judge or court shall also order the person to undergo such
treatment or education for substance abuse, if available, as the judge or court
deems appropriate based upon consideration of the substance abuse assessment.
The treatment or education shall be provided by a program or agency licensed by
the Department of Behavioral Health and Developmental Services or by a similar
program or services available through the Department of Corrections if the
court imposes a sentence of one year or more or, if the court imposes a sentence
of 12 months or less, by a similar program or services available through a
local or regional jail, a local community-based probation services agency
established pursuant to §9.1-174, or an ASAP program certified by the
Commission on VASAP.
B. The court trying the case of any person alleged to have committed any offense designated by this article or by the Drug Control Act (§ 54.1-3400 et seq.) or in any other criminal case in which the commission of the offense was motivated by or closely related to the use of drugs and determined by the court, pursuant to a substance abuse screening and assessment, to be in need of treatment for the use of drugs may commit, based upon a consideration of the substance abuse assessment, such person, upon his conviction, to any facility for the treatment of persons with substance abuse, licensed by the Department of Behavioral Health and Developmental Services, if space is available in such facility, for a period of time not in excess of the maximum term of imprisonment specified as the penalty for conviction of such offense or, if sentence was determined by a jury, not in excess of the term of imprisonment as set by such jury. Confinement under such commitment shall be, in all regards, treated as confinement in a penal institution and the person so committed may be convicted of escape if he leaves the place of commitment without authority. A charge of escape may be prosecuted in either the jurisdiction where the treatment facility is located or the jurisdiction where the person was sentenced to commitment. The court may revoke such commitment at any time and transfer the person to an appropriate state or local correctional facility. Upon presentation of a certified statement from the director of the treatment facility to the effect that the confined person has successfully responded to treatment, the court may release such confined person prior to the termination of the period of time for which such person was confined and may suspend the remainder of the term upon such conditions as the court may prescribe.
C. The court trying a case in which commission of the offense was related to the defendant's habitual abuse of alcohol and in which the court determines, pursuant to a substance abuse screening and assessment, that such defendant is in need of treatment, may commit, based upon a consideration of the substance abuse assessment, such person, upon his conviction, to any facility for the treatment of persons with substance abuse licensed by the Department of Behavioral Health and Developmental Services, if space is available in such facility, for a period of time not in excess of the maximum term of imprisonment specified as the penalty for conviction. Confinement under such commitment shall be, in all regards, treated as confinement in a penal institution and the person so committed may be convicted of escape if he leaves the place of commitment without authority. The court may revoke such commitment at any time and transfer the person to an appropriate state or local correctional facility. Upon presentation of a certified statement from the director of the treatment facility to the effect that the confined person has successfully responded to treatment, the court may release such confined person prior to the termination of the period of time for which such person was confined and may suspend the remainder of the term upon such conditions as the court may prescribe.
§18.2-255. Distribution of certain drugs to persons under 18 prohibited; penalty.
A. Except as authorized in the Drug Control Act, Chapter 34 (§54.1-3400 et
seq.) of Title 54.1, it shall be is
unlawful for any person who is at least 18 years of age to knowingly or
intentionally (i) distribute any drug classified in Schedule I, II, III, or IV or
marijuana to any person under 18 years of age who is at
least three years his junior or (ii) cause any person under 18 years of age to
assist in such distribution of any drug classified in Schedule I, II, III, or IV or
marijuana. Any person violating this provision shall upon
conviction be imprisoned in a state correctional facility for a period not less
than 10 nor more than 50 years, and fined not more than $100,000. Five years of
the sentence imposed for a conviction under this section involving a Schedule I
or II controlled substance or one ounce or more
of marijuana shall be a mandatory minimum sentence. Two years of the sentence imposed for a conviction
under this section involving less than one ounce of marijuana shall be a
mandatory minimum sentence.
B. It shall be is unlawful for any person who
is at least 18 years of age to knowingly or intentionally (i) distribute any
imitation controlled substance to a person under 18 years of age who is at
least three years his junior or (ii) cause any person under 18 years of age to
assist in such distribution of any imitation controlled substance. Any person
violating this provision shall be is guilty of a Class 6 felony.
§18.2-255.1. Distribution, sale or display of printed material advertising instruments for use in administering controlled substances to minors; penalty.
It shall be is a Class 1 misdemeanor for
any person knowingly to sell, distribute, or display for sale to a minor any
book, pamphlet, periodical,
or other printed matter which that he knows advertises for
sale any instrument, device, article, or contrivance for advertised use in
unlawfully ingesting, smoking, administering, preparing,
or growing marijuana or a controlled
substance.
§18.2-255.2. Prohibiting the sale or manufacture of drugs on or near certain properties; penalty.
A. It shall be is unlawful for any person to
manufacture, sell or distribute or possess with intent to sell, give, or distribute any controlled
substance, or
imitation controlled substance, or marijuana
while:
1. Upon the property, including buildings and grounds, of any public or private elementary or secondary school, any institution of higher education, or any clearly marked licensed child day center as defined in § 63.2-100;
2. Upon public property or any property open to public use within 1,000 feet of the property described in subdivision 1;
3. On any school bus as defined in §46.2-100;
4. Upon a designated school bus stop, or upon either public property or any property open to public use which is within 1,000 feet of such school bus stop, during the time when school children are waiting to be picked up and transported to or are being dropped off from school or a school-sponsored activity;
5. Upon the property, including buildings and grounds, of any publicly owned or publicly operated recreation or community center facility or any public library; or
6. Upon the property of any state facility as defined in §
37.2-100 or upon public property or property open to public use within 1,000
feet of such an institution. It is a violation of the provisions of this
section if the person possessed the controlled substance, or imitation controlled
substance, or marijuana on the property
described in subdivisions 1 through 6, regardless of where the person intended
to sell, give, or distribute the controlled
substance, or
imitation controlled substance, or marijuana.
Nothing in this section shall prohibit the authorized distribution of
controlled substances.
B. Violation of this section shall constitute a separate and
distinct felony. Any person violating the provisions of this section shall,
upon conviction, be imprisoned for a term of not less than one year nor more
than five years and fined not more than $100,000. A second or subsequent
conviction hereunder for an offense involving a controlled substance classified
in Schedule I, II, or III of the Drug Control Act (§54.1-3400 et seq.) or more than one-half ounce of marijuana
shall be punished by a mandatory minimum term of imprisonment of one year to be
served consecutively with any other sentence. However, if such person proves
that he sold such controlled substance or marijuana
only as an accommodation to another individual and not with intent to profit
thereby from any consideration received or expected nor to induce the recipient
or intended recipient of the controlled substance or
marijuana to use or become addicted to or dependent upon
such controlled substance or marijuana,
he is guilty of a Class 1 misdemeanor.
C. If a person commits an act violating the provisions of this section, and the same act also violates another provision of law that provides for penalties greater than those provided for by this section, then nothing in this section shall prohibit or bar any prosecution or proceeding under that other provision of law or the imposition of any penalties provided for thereby.
§18.2-258. Certain premises deemed common nuisance; penalty.
Any office, store, shop, restaurant, dance hall, theater,
poolroom, clubhouse, storehouse, warehouse, dwelling house, apartment, building
of any kind, vehicle, vessel, boat, or aircraft, which with the knowledge of
the owner, lessor, agent of any such lessor, manager, chief executive officer,
operator, or tenant thereof, is
frequented by persons under the influence of illegally obtained controlled
substances or marijuana, as defined in §
54.1-3401, or for the purpose of illegally
obtaining possession of, manufacturing,
or distributing controlled substances or marijuana, or is used for the illegal possession, manufacture, or distribution of controlled
substances or marijuana shall be deemed a
common nuisance. Any such owner, lessor, agent of any such lessor, manager,
chief executive officer, operator, or tenant who knowingly permits,
establishes, keeps or maintains such a common nuisance is guilty of a Class 1
misdemeanor and,
for a second or subsequent offense, a
Class 6 felony.
§18.2-258.02. Maintaining a fortified drug house; penalty.
Any office, store, shop, restaurant, dance hall, theater,
poolroom, clubhouse, storehouse, warehouse, dwelling house, apartment, or building or structure of
any kind which
that is (i) substantially altered from its original status
by means of reinforcement with the intent to impede, deter,
or delay lawful entry by a law-enforcement officer into such structure,;
(ii) being used for the purpose of manufacturing or distributing controlled
substances or marijuana,; and (iii) the object of a
valid search warrant,
shall be considered a fortified drug house. Any person who maintains or operates
a fortified drug house is guilty of a Class 5 felony.
§18.2-258.1. Obtaining drugs, procuring administration of controlled substances, etc., by fraud, deceit, or forgery.
A. It shall be is unlawful for any person to
obtain or attempt to obtain any drug or procure or attempt to procure the
administration of any controlled substance or
marijuana: (i) by fraud, deceit,
misrepresentation, embezzlement, or subterfuge; (ii) by the forgery or
alteration of a prescription or of any written order; (iii) by the concealment
of a material fact; or (iv) by the use of a false name or the giving of a false
address.
B. It shall be is unlawful for any person to
furnish false or fraudulent information in or omit any information from, or
willfully make a false statement in, any prescription, order, report, record,
or other document required by Chapter 34 the Drug Control Act (§
54.1-3400 et seq.) of Title 54.1.
C. It shall be is unlawful for any person to
use in the course of the manufacture or distribution of a controlled substance or marijuana a license number which that
is fictitious, revoked, suspended, or issued to another person.
D. It shall be is unlawful for any person,
for the purpose of obtaining any controlled substance or
marijuana to falsely assume the title of, or represent
himself to be, a manufacturer, wholesaler, pharmacist, physician, dentist,
veterinarian, or other authorized person.
E. It shall be is unlawful for any person to
make or utter any false or forged prescription or false or forged written order.
F. It shall be is unlawful for any person to
affix any false or forged label to a package or receptacle containing any
controlled substance.
G. This section shall not apply to officers and employees of
the United States, of this Commonwealth,
or of a political subdivision of this Commonwealth acting in the course of
their employment, who obtain such drugs for investigative, research or
analytical purposes, or to the agents or duly authorized representatives of any
pharmaceutical manufacturer who obtain such drugs for investigative, research
or analytical purposes and who are acting in the course of their employment;,
provided that such manufacturer is licensed under the provisions of the Federal
Food, Drug and Cosmetic Act;, and provided, further, that such
pharmaceutical manufacturer, its agents and duly authorized representatives
file with the Board such information as the Board may deem appropriate.
H. Except as otherwise provided in this subsection, any person
who shall violate violates any provision herein shall be is
guilty of a Class 6 felony.
Whenever any person who has not previously been convicted of
any offense under this article or under any statute of the United States or of
any state relating to narcotic drugs, marijuana, or, stimulant, depressant, or
hallucinogenic drugs, or has not previously had a proceeding against him for
violation of such an offense dismissed, or reduced as provided in this section,
pleads guilty to or enters a plea of not guilty to the court for violating this
section, upon such plea if the facts found by the court would justify a finding
of guilt, the court may place him on probation upon terms and conditions.
As a term or condition, the court shall require the accused to
be evaluated and enter a treatment and/or or an education program, or any combination thereof, if
available, such as, in the opinion of the court, may be best suited to the
needs of the accused. This program may be located in the judicial circuit in
which the charge is brought or in any other judicial circuit as the court may
provide. The services shall be provided by a program certified or licensed by
the Department of Behavioral Health and Developmental Services. The court shall
require the person entering such program under the provisions of this section
to pay all or part of the costs of the program, including the costs of the
screening, evaluation, testing,
and education, based upon the person's ability to pay,
unless the person is determined by the court to be indigent.
As a condition of supervised probation, the court shall require the accused to remain drug free during the period of probation and submit to such tests during that period as may be necessary and appropriate to determine if the accused is drug free. Such testing may be conducted by the personnel of any screening, evaluation, and education program to which the person is referred or by the supervising agency.
Unless the accused was fingerprinted at the time of arrest, the court shall order the accused to report to the original arresting law-enforcement agency to submit to fingerprinting.
Upon violation of a term or condition, the court may enter an adjudication of guilt upon the felony and proceed as otherwise provided. Upon fulfillment of the terms and conditions of probation, the court shall find the defendant guilty of a Class 1 misdemeanor.
§18.2-259.1. Forfeiture of driver's license for violations of article.
A. In addition to any other sanction or penalty imposed for a
violation of this article, the (i) judgment of conviction under this article or
(ii) placement on probation following deferral of further proceedings under §
18.2-251, except if the proceeding was for possession of
marijuana pursuant to §18.2-250.1, or subsection H of §
18.2-258.1 for any such offense shall of itself operate to deprive the person
so convicted or placed on probation after deferral of proceedings under §
18.2-251 or subsection H of §18.2-258.1 of the privilege to drive or operate a
motor vehicle, engine, or train in the Commonwealth for a period of six months
from the date of such judgment or placement on probation. Such license
forfeiture shall be in addition to and shall run consecutively with any other
license suspension, revocation, or
forfeiture in effect or imposed upon the person so convicted or placed on
probation. However, a juvenile who has had his license suspended or denied
pursuant to §16.1-278.9 shall not have his license forfeited pursuant to this
section for the same offense.
B. The court trying the case shall order any person so convicted or placed on probation to surrender his driver's license to be disposed of in accordance with the provisions of §46.2-398 and shall notify the Department of Motor Vehicles of any such conviction entered and of the license forfeiture to be imposed.
C. In those cases where the court determines there are
compelling circumstances warranting an exception, the court may provide that
any individual be issued a restricted license to operate a motor vehicle for
any of the purposes set forth in subsection E of §18.2-271.1. No restricted
license issued pursuant to this subsection shall permit any person to operate a
commercial motor vehicle as defined in the Virginia Commercial Driver's License
Act (§46.2-341.1 et seq.). The court shall order the surrender of such
person's license in accordance with the provisions of subsection B and shall
forward to the Commissioner of the Department of Motor Vehicles a copy of its
order entered pursuant to this subsection. This order shall specifically
enumerate the restrictions imposed and contain such information regarding the
person to whom such a permit is issued as is reasonably necessary to identify
such person. The court shall also provide a copy of its order to such person
who may operate a motor vehicle on the order until receipt from the
Commissioner of the Department of Motor Vehicles of a restricted license, but
only if the order provides for a restricted license for that period. A copy of
the order and, after receipt thereof, the restricted license shall be carried
at all times by such person while operating a motor vehicle. The court may
require a person issued a restricted permit under the provisions of this
subsection to be monitored by an alcohol safety action program during the
period of license suspension. Any violation of the terms of the restricted
license or of any condition set forth by the court related thereto, or any
failure to remain drug-free during such period shall be reported forthwith to
the court by such program. Any person who operates a motor vehicle in violation
of any restriction imposed pursuant to this section
shall be is
guilty of a violation of §46.2-301.
D. Any person who has been convicted under the laws of another state or the United States of a violation substantially similar to a violation of this article and whose privilege to operate a motor vehicle in the Commonwealth is subject to revocation under the provisions of §46.2-390.1 may petition the general district court of the county or city in which he resides for restricted driving privileges. Subject to the limitations provided in subsection C, if the court determines that there are compelling circumstances warranting an exception, the court may provide that any such person be issued a restricted license to operate a motor vehicle for any of the purposes set forth in subsection E of §18.2-271.1.
§18.2-265.1. Definition.
As used in this article, the term "drug
paraphernalia" means all equipment, products, and materials of any kind which that
are either designed for use or which that are intended by the
person charged with violating §18.2-265.3 for use in planting, propagating,
cultivating, growing, harvesting, manufacturing, compounding, converting,
producing, processing, preparing, strength testing, analyzing, packaging, repackaging,
storing, containing, concealing, injecting, ingesting, inhaling, or otherwise
introducing into the human body marijuana or
a controlled substance. It includes,
but is not limited to:
1. Kits intended for use or designed for use in planting, propagating,
cultivating, growing,
or harvesting of marijuana or
any species of plant which that is a controlled substance
or from which a controlled substance can be derived;
2. Kits intended for use or designed for use in manufacturing,
compounding, converting, producing, processing, or preparing marijuana or controlled
substances;
3. Isomerization devices intended for use or designed for use
in increasing the potency of marijuana or
any species of plant which that is a controlled
substance;
4. Testing equipment intended for use or designed for use in
identifying or in analyzing the strength or effectiveness of marijuana or controlled
substances, other than narcotic testing products used to determine whether a
controlled substance contains fentanyl or a fentanyl analog;
5. Scales and balances intended for use or designed for use in
weighing or measuring marijuana or
controlled substances;
6. Diluents and adulterants, such as quinine hydrochloride, mannitol, or mannite, intended for use or designed for use in cutting controlled substances;
7. Separation gins and
sifters intended for use or designed for use in removing twigs and seeds from,
or in otherwise cleaning or refining, marijuana;
8.
Blenders, bowls, containers, spoons, and mixing devices intended for use or
designed for use in compounding controlled substances;
9. 8. Capsules,
balloons, envelopes, and other containers intended for use or designed for use
in packaging small quantities of marijuana or
controlled substances;
10. 9. Containers
and other objects intended for use or designed for use in storing or concealing marijuana or controlled
substances;
11. 10. Hypodermic
syringes, needles, and other objects intended for use or designed for use in
parenterally injecting controlled substances into the human body;
12. 11. Objects intended for use or
designed for use in ingesting, inhaling, or otherwise introducing marijuana, cocaine, hashish,
or hashish oil into the human body, such as:
a. Metal, wooden, acrylic, glass, stone, plastic, or ceramic pipes with or without screens, permanent screens, hashish heads, or punctured metal bowls;
b. Water pipes;
c. Carburetion tubes and devices;
d. Smoking and carburetion masks;
e. Roach clips, meaning objects used to hold burning material, such as a marijuana cigarette,
that has become too small or too short to be held in the hand;
f. Miniature cocaine spoons, and cocaine vials;
g. Chamber pipes;
h. Carburetor pipes;
i. Electric pipes;
j. Air-driven pipes;
k. Chillums;
l. Bongs;
m. Ice pipes or chillers.
§18.2-265.2. Evidence to be considered in cases under this article.
In determining whether an object is drug paraphernalia, the court may consider, in addition to all other relevant evidence, the following:
1. Constitutionally admissible statements by the accused concerning the use of the object;
2. The proximity of the object to
marijuana or controlled substances, which proximity is
actually known to the accused;
3. Instructions, oral or written, provided with the object concerning its use;
4. Descriptive materials accompanying the object which that
explain or depict its use;
5. National and local advertising within the actual knowledge of the accused concerning its use;
6. The manner in which the object is displayed for sale;
7. Whether the accused is a legitimate supplier of like or related items to the community, such as a licensed distributor or dealer of tobacco products;
8. Evidence of the ratio of sales of the objects defined in § 18.2-265.1 to the total sales of the business enterprise;
9. The existence and scope of legitimate uses for the object in the community;
10. Expert testimony concerning its use or the purpose for which it was designed;
11. Relevant evidence of the intent of the accused to deliver it to persons who he knows, or should reasonably know, intend to use the object with an illegal drug. The innocence of an owner, or of anyone in control of the object, as to a direct violation of this article shall not prevent a finding that the object is intended for use or designed for use as drug paraphernalia.
§18.2-265.3. Penalties for sale, etc., of drug paraphernalia.
A. Any person who sells or possesses with intent to sell drug
paraphernalia, knowing, or under circumstances where one reasonably should
know, that it is either designed for use or intended by such person for use to
illegally plant, propagate, cultivate, grow, harvest, manufacture, compound,
convert, produce, process, prepare, test, analyze, pack, repack, store,
contain, conceal, inject, ingest, inhale, or otherwise introduce into the human
body marijuana or
a controlled substance, shall be is guilty of a Class 1
misdemeanor.
B. Any person eighteen 18 years of age or older who
violates subsection A hereof
by selling drug paraphernalia to a minor who is at least three years junior to
the accused in age shall be is guilty of a Class 6 felony.
C. Any person eighteen 18 years of age or older who
distributes drug paraphernalia to a minor
shall be is
guilty of a Class 1 misdemeanor.
§18.2-287.2. Wearing of body armor while committing a crime; penalty.
Any person who, while committing a crime of violence as
defined in §18.2-288 (2) or, a violation of §3.2-4172, a
felony violation of §18.2-248,
or a violation of subdivision (a) 2 or 3 of §18.2-248.1 B 2 or 3 of §3.2-4169,
has in his possession a firearm or knife and is wearing body armor designed to
diminish the effect of the impact of a bullet or projectile
shall be is
guilty of a Class 4 felony.
§18.2-308.09. Disqualifications for a concealed handgun permit.
The following persons shall be deemed disqualified from obtaining a permit:
1. An individual who is ineligible to possess a firearm pursuant to §18.2-308.1:1, 18.2-308.1:2, or 18.2-308.1:3 or the substantially similar law of any other state or of the United States.
2. An individual who was ineligible to possess a firearm pursuant to §18.2-308.1:1 and who was discharged from the custody of the Commissioner pursuant to §19.2-182.7 less than five years before the date of his application for a concealed handgun permit.
3. An individual who was ineligible to possess a firearm pursuant to §18.2-308.1:2 and whose competency or capacity was restored pursuant to §64.2-2012 less than five years before the date of his application for a concealed handgun permit.
4. An individual who was ineligible to possess a firearm under §18.2-308.1:3 and who was released from commitment less than five years before the date of this application for a concealed handgun permit.
5. An individual who is subject to a restraining order, or to a protective order and prohibited by §18.2-308.1:4 from purchasing, possessing, or transporting a firearm.
6. (Effective until January 1, 2021) An individual who is prohibited by §18.2-308.2 from possessing or transporting a firearm, except that a permit may be obtained in accordance with subsection C of that section.
6. (Effective January 1, 2021) An individual who is prohibited by §18.2-308.2 from possessing or transporting a firearm, except that a restoration order may be obtained in accordance with subsection C of that section.
7. An individual who has been convicted of two or more misdemeanors within the five-year period immediately preceding the application, if one of the misdemeanors was a Class 1 misdemeanor, but the judge shall have the discretion to deny a permit for two or more misdemeanors that are not Class 1. Traffic infractions and misdemeanors set forth in Title 46.2 shall not be considered for purposes of this disqualification.
8. An individual who is addicted to, or is an unlawful user or distributor of, marijuana, synthetic cannabinoids, or any controlled substance.
9. An individual who has been convicted of a violation of § 18.2-266 or a substantially similar local ordinance, or of public drunkenness, or of a substantially similar offense under the laws of any other state, the District of Columbia, the United States, or its territories within the three-year period immediately preceding the application, or who is a habitual drunkard as determined pursuant to §4.1-333.
10. An alien other than an alien lawfully admitted for permanent residence in the United States.
11. An individual who has been discharged from the armed forces of the United States under dishonorable conditions.
12. An individual who is a fugitive from justice.
13. An individual who the court finds, by a preponderance of the evidence, based on specific acts by the applicant, is likely to use a weapon unlawfully or negligently to endanger others. The sheriff, chief of police, or attorney for the Commonwealth may submit to the court a sworn, written statement indicating that, in the opinion of such sheriff, chief of police, or attorney for the Commonwealth, based upon a disqualifying conviction or upon the specific acts set forth in the statement, the applicant is likely to use a weapon unlawfully or negligently to endanger others. The statement of the sheriff, chief of police, or the attorney for the Commonwealth shall be based upon personal knowledge of such individual or of a deputy sheriff, police officer, or assistant attorney for the Commonwealth of the specific acts, or upon a written statement made under oath before a notary public of a competent person having personal knowledge of the specific acts.
14. An individual who has been convicted of any assault, assault and battery, sexual battery, discharging of a firearm in violation of § 18.2-280 or 18.2-286.1 or brandishing of a firearm in violation of §18.2-282 within the three-year period immediately preceding the application.
15. An individual who has been convicted of stalking.
16. An individual whose previous convictions or adjudications of delinquency were based on an offense that would have been at the time of conviction a felony if committed by an adult under the laws of any state, the District of Columbia, the United States or its territories. For purposes of this disqualifier, only convictions occurring within 16 years following the later of the date of (i) the conviction or adjudication or (ii) release from any incarceration imposed upon such conviction or adjudication shall be deemed to be "previous convictions." Disqualification under this subdivision shall not apply to an individual with previous adjudications of delinquency who has completed a term of service of no less than two years in the Armed Forces of the United States and, if such person has been discharged from the Armed Forces of the United States, received an honorable discharge.
17. An individual who has a felony charge pending or a charge pending for an offense listed in subdivision 14 or 15.
18. An individual who has received mental health treatment or substance abuse treatment in a residential setting within five years prior to the date of his application for a concealed handgun permit.
19. An individual not otherwise ineligible pursuant to this
article, who, within the three-year period immediately preceding the
application for the permit, was found guilty of any criminal offense set forth
in Article 1 (§18.2-247 et seq.) or, former §18.2-248.1:1, or Article 7 (§3.2-4164 et seq.) of Chapter 41.2
of Title 3.2, or of a criminal offense of illegal
possession or distribution of marijuana, synthetic cannabinoids, or any
controlled substance, under the laws of any state, the District of Columbia, or
the United States or its territories.
20. An individual, not otherwise ineligible pursuant to this
article, with respect to whom, within the three-year period immediately
preceding the application, upon a charge of any criminal offense set forth in Article
1 (§18.2-247 et seq.) or, former §18.2-248.1:1, or Article 7 (§3.2-4164
et seq.) of Chapter 41.2 of Title 3.2, or upon a charge of
illegal possession or distribution of marijuana, synthetic cannabinoids, or any
controlled substance under the laws of any state, the District of Columbia, or
the United States or its territories, the trial court found that the facts of
the case were sufficient for a finding of guilt and disposed of the case
pursuant to §18.2-251 or the substantially similar law of any other state, the
District of Columbia, or the United States or its territories.
§18.2-308.1:5. Purchase or transportation of firearm by persons convicted of certain drug offenses prohibited.
Any person who, within a 36-consecutive-month period, has been
convicted of two misdemeanor offenses under §
3.2-4164 or 3.2-4165,
subsection B of former §18.2-248.1:1, or
§18.2-250 or 18.2-250.1 shall be
ineligible to purchase or transport a handgun. However, upon expiration of a period
of five years from the date of the second conviction and provided the person
has not been convicted of any such offense within that period, the
ineligibility shall be removed.
§18.2-308.4. Possession of firearms while in possession of certain substances.
A. It shall be unlawful for any person unlawfully in
possession of a controlled substance classified in Schedule I or II of the Drug
Control Act (§54.1-3400 et seq.) of Title 54.1
to simultaneously with knowledge and intent possess any firearm. A violation of
this subsection is a Class 6 felony and constitutes a separate and distinct
felony.
B. It shall be unlawful for any person unlawfully in possession of a controlled substance classified in Schedule I or II of the Drug Control Act (§54.1-3400 et seq.) to simultaneously with knowledge and intent possess any firearm on or about his person. A violation of this subsection is a Class 6 felony and constitutes a separate and distinct felony and any person convicted hereunder shall be sentenced to a mandatory minimum term of imprisonment of two years. Such punishment shall be separate and apart from, and shall be made to run consecutively with, any punishment received for the commission of the primary felony.
C. It shall be unlawful for any person to possess, use, or
attempt to use any pistol, shotgun, rifle, or other firearm or display such
weapon in a threatening manner while committing or attempting to commit the
illegal manufacture, sale, distribution, or the possession with the intent to
manufacture, sell, or distribute a controlled substance classified in Schedule
I or Schedule II of the Drug Control Act (§54.1-3400 et seq.) or more than one pound of marijuana.
A violation of this subsection is a Class 6 felony, and constitutes a separate
and distinct felony and any person convicted hereunder shall be sentenced to a
mandatory minimum term of imprisonment of five years. Such punishment shall be
separate and apart from, and shall be made to run consecutively with, any
punishment received for the commission of the primary felony.
§18.2-460. Obstructing justice; resisting arrest; fleeing from a law-enforcement officer; penalties.
A. If any person without just cause knowingly obstructs a judge, magistrate, justice, juror, attorney for the Commonwealth, witness, any law-enforcement officer, or animal control officer employed pursuant to § 3.2-6555 in the performance of his duties as such or fails or refuses without just cause to cease such obstruction when requested to do so by such judge, magistrate, justice, juror, attorney for the Commonwealth, witness, law-enforcement officer, or animal control officer employed pursuant to § 3.2-6555, he is guilty of a Class 1 misdemeanor.
B. Except as provided in subsection C, any person who, by threats or force, knowingly attempts to intimidate or impede a judge, magistrate, justice, juror, attorney for the Commonwealth, witness, any law-enforcement officer, or an animal control officer employed pursuant to § 3.2-6555 lawfully engaged in his duties as such, or to obstruct or impede the administration of justice in any court, is guilty of a Class 1 misdemeanor.
C. If any person by threats of bodily harm or force knowingly
attempts to intimidate or impede a judge, magistrate, justice, juror, attorney
for the Commonwealth, witness, any law-enforcement officer, lawfully engaged in
the discharge of his duty, or to obstruct or impede the administration of
justice in any court relating to a violation of or conspiracy to violate § 18.2-248 or subdivision (a)(3),
(b) or (c) of §18.2-248.1
3.2-4167, subdivision B 3 of §3.2-4169, subsection
B of §3.2-4170, or §
3.2-4172, 18.2-46.2 or §, 18.2-46.3, or 18.2-248 or relating to the
violation of or conspiracy to violate any violent felony offense listed in
subsection C of §17.1-805, he is guilty of a Class 5 felony.
D. Any person who knowingly and willfully makes any materially false statement or representation to a law-enforcement officer or an animal control officer employed pursuant to §3.2-6555 who is in the course of conducting an investigation of a crime by another is guilty of a Class 1 misdemeanor.
E. Any person who intentionally prevents or attempts to
prevent a law-enforcement officer from lawfully arresting him, with or without
a warrant, is guilty of a Class 1 misdemeanor. For purposes of this subsection,
intentionally preventing or attempting to prevent a lawful arrest means fleeing
from a law-enforcement officer when (i) the officer applies physical force to
the person, or (ii) the officer
communicates to the person that he is under arrest and (a) the officer has the
legal authority and the immediate physical ability to place the person under
arrest, and (b) a reasonable person
who receives such communication knows or should know that he is not free to
leave.
§18.2-474.1. Delivery of drugs, firearms, explosives, etc., to prisoners or committed persons.
Notwithstanding the provisions of §18.2-474, any person who
shall willfully in any manner deliver, attempt to deliver, or conspire with
another to deliver to any prisoner confined under authority of the Commonwealth
of Virginia, or of any political subdivision thereof, or to any person
committed to the Department of Juvenile Justice in any juvenile correctional
center, any drug which is a controlled substance regulated by the Drug Control
Act in Chapter 34 (§54.1-3400 et
seq.) of Title 54.1 or marijuana
is guilty of a Class 5 felony. Any person who shall willfully in any manner so
deliver or attempt to deliver or conspire to deliver to any such prisoner or
confined or committed person, firearms, ammunitions, or explosives of any
nature is guilty of a Class 3 felony.
Nothing herein contained shall be construed to repeal or amend §18.2-473.
§19.2-11.2. Crime victim's right to nondisclosure of certain information; exceptions; testimonial privilege.
Upon request of any witness in a criminal prosecution under § 3.2-4172, 18.2-46.2, 18.2-46.3, or 18.2-248 or of any violent felony as defined by subsection C of § 17.1-805, or any crime victim, neither a law-enforcement agency, the attorney for the Commonwealth, the counsel for a defendant, a court nor the Department of Corrections, nor any employee of any of them, may disclose, except among themselves, the residential address, any telephone number, email address, or place of employment of the witness or victim or a member of the witness' or victim's family, except to the extent that disclosure is (i) of the site of the crime, (ii) required by law or Rules of the Supreme Court, (iii) necessary for law-enforcement purposes or preparation for court proceedings, or (iv) permitted by the court for good cause.
Except with the written consent of the victim of any crime involving any sexual assault, sexual abuse, or family abuse or the victim's next of kin if the victim is a minor and the victim's death results from any crime, a law-enforcement agency may not disclose to the public information that directly or indirectly identifies the victim of such crime except to the extent that disclosure is (a) of the site of the crime, (b) required by law, (c) necessary for law-enforcement purposes, or (d) permitted by the court for good cause. In addition, at the request of the victim to the Court of Appeals of Virginia or the Supreme Court of Virginia hearing, on or after July 1, 2007, the case of a crime involving any sexual assault or sexual abuse, no appellate decision shall contain the first or last name of the victim.
Nothing herein shall limit the right to examine witnesses in a court of law or otherwise affect the conduct of any criminal proceeding.
§19.2-66. When Attorney General or Chief Deputy Attorney General may apply for order authorizing interception of communications.
A. The Attorney General or Chief Deputy Attorney General, if
the Attorney General so designates in writing, in any case where the Attorney
General is authorized by law to prosecute or pursuant to a request in his
official capacity of an attorney for the Commonwealth in any city or county,
may apply to a judge of competent jurisdiction for an order authorizing the
interception of wire, electronic or oral communications by the Department of
State Police, when such interception may reasonably be expected to provide
evidence of the commission of a felonious offense of extortion, bribery,
kidnapping, murder, any felony violation of § 3.2-4167,
3.2-4169, 3.2-4170, 3.2-4172, or 18.2-248 or 18.2-248.1, any felony
violation of Chapter 29 (§59.1-364 et seq.) of Title 59.1, any felony
violation of Article 2 (§18.2-38 et seq.), Article 2.1 (§18.2-46.1 et seq.),
Article 2.2 (§18.2-46.4 et seq.), Article 5 (§18.2-58 et seq.), Article 6 (§
18.2-59 et seq.) or any felonies that are not Class 6 felonies in Article 7 (§
18.2-61 et seq.) of Chapter 4 of Title 18.2, or any conspiracy to commit any of
the foregoing offenses. The Attorney General or Chief Deputy Attorney General
may apply for authorization for the observation or monitoring of the
interception by a police department of a county or city, by a sheriff's office,
or by law-enforcement officers of the United States. Such application shall be
made, and such order may be granted, in conformity with the provisions of §
19.2-68.
B. The application for an order under subsection B of § 19.2-68 shall be made as follows:
1. In the case of an application for a wire or electronic interception, a judge of competent jurisdiction shall have the authority to issue an order under subsection B of §19.2-68 if there is probable cause to believe that an offense was committed, is being committed, or will be committed or the person or persons whose communications are to be intercepted live, work, subscribe to a wire or electronic communication system, maintain an address or a post office box, or are making the communication within the territorial jurisdiction of the court.
2. In the case of an application for an oral intercept, a judge of competent jurisdiction shall have the authority to issue an order under subsection B of §19.2-68 if there is probable cause to believe that an offense was committed, is being committed, or will be committed or the physical location of the oral communication to be intercepted is within the territorial jurisdiction of the court.
C. For the purposes of an order entered pursuant to subsection B of §19.2-68 for the interception of a wire or electronic communication, such communication shall be deemed to be intercepted in the jurisdiction where the order is entered, regardless of the physical location or the method by which the communication is captured or routed to the monitoring location.
§19.2-81.1. Arrest without warrant by correctional officers in certain cases.
Any correctional officer, as defined in §53.1-1, may arrest, in the same manner as provided in §19.2-81, persons for crimes involving:
(a) 1. The escape of an inmate from
a correctional institution, as defined in §53.1-1;
(b) 2. Assisting an inmate to
escape from a correctional institution, as defined in §53.1-1;
(c) 3. The delivery of contraband
to an inmate in violation of § 3.2-4176,
18.2-474, or §
18.2-474.1; and
(d) 4. Any other criminal offense which that
may contribute to the disruption of the safety, welfare, or security of the
population of a correctional institution.
§19.2-83.1. Report of arrest of school employees and adult students for certain offenses.
A. Every state official or agency and every sheriff, police officer, or other local law-enforcement officer or conservator of the peace having the power to arrest for a felony, upon arresting a person who is known or discovered by the arresting official to be a full-time, part-time, permanent, or temporary teacher or other employee in any public school division in this Commonwealth for a felony or a Class 1 misdemeanor or an equivalent offense in another state shall file a report of such arrest with the division superintendent of the employing division as soon as practicable. The contents of the report required pursuant to this section shall be utilized by the local school division solely to implement the provisions of subsection B of § 22.1-296.2 and §22.1-315.
B. Every state official or agency and every sheriff, police officer, or other local law-enforcement officer or conservator of the peace having the power to arrest for a felony, shall file a report, as soon as practicable, with the division superintendent of the school division in which the student is enrolled upon arresting a person who is known or discovered by the arresting official to be a student age 18 or older in any public school division in this Commonwealth for:
1. A firearm offense pursuant to Article 4 (§18.2-279 et seq.), 5 (§18.2-288 et seq.), 6 (§18.2-299 et seq.), 6.1 (§18.2-307.1 et seq.), or 7 (§18.2-308.1 et seq.) of Chapter 7 of Title 18.2;
2. Homicide, pursuant to Article 1 (§18.2-30 et seq.) of Chapter 4 of Title 18.2;
3. Felonious assault and bodily wounding, pursuant to Article 4 (§18.2-51 et seq.) of Chapter 4 of Title 18.2;
4. Criminal sexual assault, pursuant to Article 7 (§18.2-61 et seq.) of Chapter 4 of Title 18.2;
5. Manufacture, sale, gift, distribution or possession of Schedule I or II controlled substances, pursuant to Article 1 (§18.2-247 et seq.) of Chapter 7 of Title 18.2;
6. Manufacture, sale or distribution of marijuana pursuant to
Article 1 (§18.2-247 et seq.) of Chapter 7 of Title 18.2 7 (§3.2-4164 et seq.) of
Chapter 41.2 of Title 3.2;
7. Arson and related crimes, pursuant to Article 1 (§18.2-77 et seq.) of Chapter 5 of Title 18.2;
8. Burglary and related offenses, pursuant to §§18.2-89 through 18.2-93;
9. Robbery pursuant to §18.2-58;
10. Prohibited criminal street gang activity pursuant to §18.2-46.2;
11. Recruitment of juveniles for criminal street gang pursuant to §18.2-46.3;
12. An act of violence by a mob pursuant to §18.2-42.1; or
13. Abduction of any person pursuant to §18.2-47 or 18.2-48.
§19.2-120. Admission to bail.
Prior to conducting any hearing on the issue of bail, release or detention, the judicial officer shall, to the extent feasible, obtain the person's criminal history.
A. A person who is held in custody pending trial or hearing for an offense, civil or criminal contempt, or otherwise shall be admitted to bail by a judicial officer, unless there is probable cause to believe that:
1. He will not appear for trial or hearing or at such other time and place as may be directed, or
2. His liberty will constitute an unreasonable danger to himself or the public.
B. The judicial officer shall presume, subject to rebuttal, that no condition or combination of conditions will reasonably assure the appearance of the person or the safety of the public if the person is currently charged with:
1. An act of violence as defined in §19.2-297.1;
2. An offense for which the maximum sentence is life imprisonment or death;
3. A violation of §18.2-248, 18.2-248.01, 18.2-255, or 18.2-255.2 involving a Schedule I or II controlled substance if (i) the maximum term of imprisonment is 10 years or more and the person was previously convicted of a like offense or (ii) the person was previously convicted as a "drug kingpin" as defined in §18.2-248;
4. A violation of § 3.2-4175, 18.2-308.1, 18.2-308.2, or 18.2-308.4 and which relates to a firearm and provides for a mandatory minimum sentence;
5. Any felony, if the person has been convicted of two or more offenses described in subdivision 1 or 2, whether under the laws of the Commonwealth or substantially similar laws of the United States;
6. Any felony committed while the person is on release pending trial for a prior felony under federal or state law or on release pending imposition or execution of sentence or appeal of sentence or conviction;
7. An offense listed in subsection B of §18.2-67.5:2 and the person had previously been convicted of an offense listed in §18.2-67.5:2 or a substantially similar offense under the laws of any state or the United States and the judicial officer finds probable cause to believe that the person who is currently charged with one of these offenses committed the offense charged;
8. A violation of §18.2-374.1 or 18.2-374.3 where the offender has reason to believe that the solicited person is under 15 years of age and the offender is at least five years older than the solicited person;
9. A violation of §18.2-46.2, 18.2-46.3, 18.2-46.5, or 18.2-46.7;
10. A violation of §18.2-36.1, 18.2-51.4, 18.2-266, or 46.2-341.24 and the person has, within the past five years of the instant offense, been convicted three times on different dates of a violation of any combination of these Code sections, or any ordinance of any county, city, or town or the laws of any other state or of the United States substantially similar thereto, and has been at liberty between each conviction;
11. A second or subsequent violation of §16.1-253.2 or 18.2-60.4 or a substantially similar offense under the laws of any state or the United States;
12. A violation of subsection B of §18.2-57.2;
13. A violation of subsection C of §18.2-460 charging the use of threats of bodily harm or force to knowingly attempt to intimidate or impede a witness;
14. A violation of §18.2-51.6 if the alleged victim is a family or household member as defined in §16.1-228; or
15. A violation of §18.2-355, 18.2-356, 18.2-357, or 18.2-357.1.
C. The judicial officer shall presume, subject to rebuttal, that no condition or combination of conditions will reasonably assure the appearance of the person or the safety of the public if the person is being arrested pursuant to §19.2-81.6.
D. A judicial officer who is a magistrate, clerk, or deputy clerk of a district court or circuit court may not admit to bail, that is not set by a judge, any person who is charged with an offense giving rise to a rebuttable presumption against bail as set out in subsection B or C without the concurrence of an attorney for the Commonwealth. For a person who is charged with an offense giving rise to a rebuttable presumption against bail, any judge may set or admit such person to bail in accordance with this section after notice and an opportunity to be heard has been provided to the attorney for the Commonwealth.
E. The court shall consider the following factors and such others as it deems appropriate in determining, for the purpose of rebuttal of the presumption against bail described in subsection B, whether there are conditions of release that will reasonably assure the appearance of the person as required and the safety of the public:
1. The nature and circumstances of the offense charged;
2. The history and characteristics of the person, including his character, physical and mental condition, family ties, employment, financial resources, length of residence in the community, community ties, past conduct, history relating to drug or alcohol abuse, criminal history, membership in a criminal street gang as defined in §18.2-46.1, and record concerning appearance at court proceedings; and
3. The nature and seriousness of the danger to any person or the community that would be posed by the person's release.
F. The judicial officer shall inform the person of his right to appeal from the order denying bail or fixing terms of bond or recognizance consistent with §19.2-124.
G. If the judicial officer sets a secured bond and the person engages the services of a licensed bail bondsman, the magistrate executing recognizance for the accused shall provide the bondsman, upon request, with a copy of the person's Virginia criminal history record, if readily available, to be used by the bondsman only to determine appropriate reporting requirements to impose upon the accused upon his release. The bondsman shall pay a $15 fee payable to the state treasury to be credited to the Literary Fund, upon requesting the defendant's Virginia criminal history record issued pursuant to §19.2-389. The bondsman shall review the record on the premises and promptly return the record to the magistrate after reviewing it.
§19.2-188.1. Testimony regarding identification of controlled substances.
A. In any preliminary hearing on a
violation of Article 7 (§3.2-4164 et seq.) of Chapter 41.2 of Title 3.2,
a violation of Article 1 (§18.2-247 et seq.) of Chapter 7 of Title 18.2, or a violation of subdivision
6 of §53.1-203, any law-enforcement officer shall be permitted to testify as
to the results of field tests that have been approved by the Department of
Forensic Science pursuant to regulations adopted in accordance with the
Administrative Process Act (§2.2-4000 et seq.), regarding whether or not any
substance the identity of which is at issue in such hearing is a controlled
substance, imitation controlled substance, or marijuana, as defined in § §§
3.2-4121 and 18.2-247.
B. In any trial for a violation of §
18.2-250.1 3.2-4164 or 3.2-4165,
any law-enforcement officer shall be permitted to testify as to the results of
any marijuana field test approved as accurate and reliable by the Department of
Forensic Science pursuant to regulations adopted in accordance with the
Administrative Process Act (§2.2-4000 et seq.), regarding whether or not any
plant material, the identity of which is at issue, is marijuana provided the
defendant has been given written notice of his right to request a full chemical
analysis. Such notice shall be on a form approved by the Supreme Court and
shall be provided to the defendant prior to trial.
In any case in which the person accused of a violation of § 18.2-250.1
3.2-4164 or 3.2-4165, or the attorney of record for the
accused, desires a full chemical analysis of the alleged plant material, he
may, by motion prior to trial before the court in which the charge is pending,
request such a chemical analysis. Upon such motion, the court shall order that
the analysis be performed by the Department of Forensic Science and shall
prescribe in its order the method of custody, transfer, and return of evidence
submitted for chemical analysis.
§19.2-303.01. Reduction of sentence; substantial assistance to prosecution.
Notwithstanding any other provision of law or rule of court,
upon motion of the attorney for the Commonwealth, the sentencing court may
reduce the defendant's sentence if the defendant, after entry of the final
judgment order, provided substantial assistance in investigating or prosecuting
another person for (i) an act of violence as defined in §19.2-297.1 or any
violation of § 3.2-4167 or
3.2-4169, subsection B of §
3.2-4170, or §3.2-4171,
3.2-4172, 3.2-4174, 18.2-248,
18.2-248.01, 18.2-248.02, 18.2-248.03, 18.2-248.1,
18.2-248.5, 18.2-251.2, 18.2-251.3, 18.2-255, 18.2-255.2, 18.2-258,
18.2-258.02, 18.2-258.1, or 18.2-258.2, or any substantially similar offense in
any other jurisdiction, which offense would be a felony if committed in the
Commonwealth; (ii) a conspiracy to commit any of the offenses listed in clause
(i); or (iii) violations as a principal in the second degree or accessory
before the fact of any of the offenses listed in clause (i). In determining
whether the defendant has provided substantial assistance pursuant to the
provisions of this section, the court shall consider (a) the court's evaluation
of the significance and usefulness of the defendant's assistance, taking into
consideration the Commonwealth's evaluation of the assistance rendered; (b) the
truthfulness, completeness, and reliability of any information or testimony
provided by the defendant; (c) the nature and extent of the defendant's
assistance; (d) any injury suffered or any danger or risk of injury to the
defendant or his family resulting from his assistance; and (e) the timeliness
of the defendant's assistance. If the motion is made more than one year after
entry of the final judgment order, the court may reduce a sentence only if the
defendant's substantial assistance involved (1) information not known to the
defendant until more than one year after entry of the final judgment order, (2)
information provided by the defendant within one year of entry of the final
judgment order but that did not become useful to the Commonwealth until more than
one year after entry of the final judgment order, or (3) information the
usefulness of which could not reasonably have been anticipated by the defendant
until more than one year after entry of the final judgment order and which was
promptly provided to the Commonwealth by the defendant after its usefulness was
reasonably apparent.
§19.2-386.22. Seizure of property used in connection with or derived from illegal drug transactions.
A. The following property shall be subject to lawful seizure
by any officer charged with enforcing the provisions of
Article 7 (§3.2-4164 et seq.) of Chapter 41.2 of Title 3.2 or
Article 1 (§18.2-247 et seq.) of Chapter 7 of Title 18.2: (i) all money,
medical equipment, office equipment, laboratory equipment, motor vehicles, and
all other personal and real property of any kind or character, used in
substantial connection with (a) the illegal manufacture, sale or distribution
of controlled substances or possession with intent to sell or distribute
controlled substances in violation of §18.2-248, (b) the sale or distribution
of marijuana or possession with intent to distribute marijuana in violation of subdivisions (a)(2), (a)(3) and (c) of § 18.2-248.1 §3.2-4167 or
subdivisions B 2 and 3 of §3.2-4169, or (c) a drug-related
offense in violation of §18.2-474.1; (ii) everything of value furnished, or
intended to be furnished, in exchange for a controlled substance in violation
of §18.2-248 or for marijuana in violation of §
18.2-248.1 3.2-4169
or for a controlled substance or marijuana
in violation of §18.2-474.1; and (iii) all moneys or other property, real or
personal, traceable to such an exchange, together with any interest or profits
derived from the investment of such money or other property. Under the
provisions of clause (i), real property shall not be subject to lawful seizure
unless the minimum prescribed punishment for the violation is a term of not
less than five years.
B. All seizures and forfeitures under this section shall be governed by the procedures contained in Chapter 22.1 (§19.2-386.1 et seq.).
§19.2-386.23. Disposal of seized controlled substances, marijuana, and paraphernalia.
A. All controlled substances, imitation controlled substances, marijuana, or paraphernalia, the lawful possession of which is not established or the title to which cannot be ascertained, which have come into the custody of a peace officer or have been seized in connection with violations of Article 7 (§3.2-4164 et seq.) of Chapter 41.2 of Title 3.2 or Chapter 7 (§18.2-247 et seq.) of Title 18.2, shall be forfeited and disposed of as follows:
1. Upon written application by (i) the Department of Forensic Science, (ii) the Department of State Police, or (iii) any police department or sheriff's office in a locality, the court may order the forfeiture of any such substance or paraphernalia to the Department of Forensic Science, the Department of State Police, or to such police department or sheriff's office for research and training purposes and for destruction pursuant to regulations of the United States Department of Justice Drug Enforcement Administration and of the Board of Pharmacy once these purposes have been fulfilled.
2. In the event no application is made under subdivision 1, the court shall order the destruction of all such substances or paraphernalia, which order shall state the existence and nature of the substance or paraphernalia, the quantity thereof, the location where seized, the person or persons from whom the substance or paraphernalia was seized, if known, and the manner whereby such item shall be destroyed. However, the court may order that paraphernalia identified in subdivision 5 of §18.2-265.1 not be destroyed and that it be given to a person or entity that makes a showing to the court of sufficient need for the property and an ability to put the property to a lawful and publicly beneficial use. A return under oath, reporting the time, place, and manner of destruction, shall be made to the court by the officer to whom the order is directed. A copy of the order and affidavit shall be made a part of the record of any criminal prosecution in which the substance or paraphernalia was used as evidence and shall, thereafter, be prima facie evidence of its contents. In the event a law-enforcement agency recovers, seizes, finds, is given, or otherwise comes into possession of any such substances or paraphernalia that are not evidence in a trial in the Commonwealth, the chief law-enforcement officer of the agency or his designee may, with the written consent of the appropriate attorney for the Commonwealth, order destruction of same; provided that a statement under oath, reporting a description of the substances and paraphernalia destroyed and the time, place and manner of destruction, is made to the chief law-enforcement officer by the officer to whom the order is directed.
B. No such substance or paraphernalia used or to be used in a criminal prosecution under Article 7 (§3.2-4164 et seq.) of Chapter 41.2 of Title 3.2 or Chapter 7 (§ 18.2-247 et seq.) of Title 18.2 shall be disposed of as provided by this section until all rights of appeal have been exhausted, except as provided in § 19.2-386.24.
C. The amount of any specific controlled substance, or imitation controlled substance, retained by any law-enforcement agency pursuant to a court order issued under this section shall not exceed five pounds, or 25 pounds in the case of marijuana. Any written application to the court for controlled substances, imitation controlled substances, or marijuana, shall certify that the amount requested shall not result in the requesting agency's exceeding the limits allowed by this subsection.
D. A law-enforcement agency that retains any controlled substance, imitation controlled substance, or marijuana, pursuant to a court order issued under this section shall (i) be required to conduct an inventory of such substance on a monthly basis, which shall include a description and weight of the substance, and (ii) destroy such substance pursuant to subdivision A 1 when no longer needed for research and training purposes. A written report outlining the details of the inventory shall be made to the chief law-enforcement officer of the agency within 10 days of the completion of the inventory, and the agency shall detail the substances that were used for research and training pursuant to a court order in the immediately preceding fiscal year. Destruction of such substance shall be certified to the court along with a statement prepared under oath, reporting a description of the substance destroyed, and the time, place, and manner of destruction.
§19.2-386.24. Destruction of seized controlled substances or marijuana prior to trial.
Where seizures of controlled substances or marijuana are made in excess of 10 pounds in connection with any prosecution or investigation under Article 7 (§3.2-4164 et seq.) of Chapter 41.2 of Title 3.2 or Chapter 7 (§18.2-247 et seq.) of Title 18.2, the appropriate law-enforcement agency may retain 10 pounds of the substance randomly selected from the seized substance for representative purposes as evidence and destroy the remainder of the seized substance.
Before any destruction is carried out under this section, the law-enforcement agency shall cause the material seized to be photographed with identification case numbers or other means of identification and shall prepare a report identifying the seized material. It shall also notify the accused, or other interested party, if known, or his attorney, at least five days in advance that the photography will take place and that they may be present. Prior to any destruction under this section, the law-enforcement agency shall also notify the accused or other interested party, if known, and his attorney at least seven days prior to the destruction of the time and place the destruction will occur. Any notice required under the provisions of this section shall be by first-class mail to the last known address of the person required to be notified. In addition to the substance retained for representative purposes as evidence, all photographs and records made under this section and properly identified shall be admissible in any court proceeding for any purposes for which the seized substance itself would have been admissible.
§19.2-386.25. Judge may order law-enforcement agency to maintain custody of controlled substances, etc.
Upon request of the clerk of any court, a judge of the court may order a law-enforcement agency to take into its custody or to maintain custody of substantial quantities of any controlled substances, imitation controlled substances, chemicals, marijuana, or paraphernalia used or to be used in a criminal prosecution under Article 7 (§3.2-4164 et seq.) of Chapter 41.2 of Title 3.2 or Chapter 7 (§18.2-247 et seq.) of Title 18.2. The court in its order may make provision for ensuring integrity of these items until further order of the court.
§19.2-386.28. Forfeiture of weapons that are concealed, possessed, transported, or carried in violation of law.
Any firearm, any stun weapon as defined by §18.2-308.1, or any weapon concealed, possessed, transported, or carried in violation of § 3.2-4175, 18.2-283.1, 18.2-287.01, 18.2-287.4, 18.2-308.1:2, 18.2-308.1:3, 18.2-308.1:4, 18.2-308.2, 18.2-308.2:01, 18.2-308.2:1, 18.2-308.4, 18.2-308.5, 18.2-308.7, or 18.2-308.8 shall be forfeited to the Commonwealth and disposed of as provided in §19.2-386.29.
§19.2-389. (Effective until January 1, 2021) Dissemination of criminal history record information.
A. Criminal history record information shall be disseminated, whether directly or through an intermediary, only to:
1. Authorized officers or employees of criminal justice agencies, as defined by §9.1-101, for purposes of the administration of criminal justice and the screening of an employment application or review of employment by a criminal justice agency with respect to its own employees or applicants, and dissemination to the Virginia Parole Board, pursuant to this subdivision, of such information on all state-responsible inmates for the purpose of making parole determinations pursuant to subdivisions 1, 2, 3, and 5 of §53.1-136 shall include collective dissemination by electronic means every 30 days. For purposes of this subdivision, criminal history record information includes information sent to the Central Criminal Records Exchange pursuant to §§37.2-819 and 64.2-2014 when disseminated to any full-time or part-time employee of the State Police, a police department or sheriff's office that is a part of or administered by the Commonwealth or any political subdivision thereof, and who is responsible for the prevention and detection of crime and the enforcement of the penal, traffic or highway laws of the Commonwealth for the purposes of the administration of criminal justice;
2. Such other individuals and agencies that require criminal history record information to implement a state or federal statute or executive order of the President of the United States or Governor that expressly refers to criminal conduct and contains requirements or exclusions expressly based upon such conduct, except that information concerning the arrest of an individual may not be disseminated to a noncriminal justice agency or individual if an interval of one year has elapsed from the date of the arrest and no disposition of the charge has been recorded and no active prosecution of the charge is pending;
3. Individuals and agencies pursuant to a specific agreement with a criminal justice agency to provide services required for the administration of criminal justice pursuant to that agreement which shall specifically authorize access to data, limit the use of data to purposes for which given, and ensure the security and confidentiality of the data;
4. Individuals and agencies for the express purpose of research, evaluative, or statistical activities pursuant to an agreement with a criminal justice agency that shall specifically authorize access to data, limit the use of data to research, evaluative, or statistical purposes, and ensure the confidentiality and security of the data;
5. Agencies of state or federal government that are authorized by state or federal statute or executive order of the President of the United States or Governor to conduct investigations determining employment suitability or eligibility for security clearances allowing access to classified information;
6. Individuals and agencies where authorized by court order or court rule;
7. Agencies of any political subdivision of the Commonwealth, public transportation companies owned, operated or controlled by any political subdivision, and any public service corporation that operates a public transit system owned by a local government for the conduct of investigations of applicants for employment, permit, or license whenever, in the interest of public welfare or safety, it is necessary to determine under a duly enacted ordinance if the past criminal conduct of a person with a conviction record would be compatible with the nature of the employment, permit, or license under consideration;
7a. Commissions created pursuant to the Transportation District Act of 1964 (§33.2-1900 et seq.) of Title 33.2 and their contractors, for the conduct of investigations of individuals who have been offered a position of employment whenever, in the interest of public welfare or safety and as authorized in the Transportation District Act of 1964, it is necessary to determine if the past criminal conduct of a person with a conviction record would be compatible with the nature of the employment under consideration;
8. Public or private agencies when authorized or required by federal or state law or interstate compact to investigate (i) applicants for foster or adoptive parenthood or (ii) any individual, and the adult members of that individual's household, with whom the agency is considering placing a child or from whom the agency is considering removing a child due to abuse or neglect, on an emergency, temporary, or permanent basis pursuant to §§ 63.2-901.1 and 63.2-1505, subject to the restriction that the data shall not be further disseminated to any party other than a federal or state authority or court as may be required to comply with an express requirement of law;
9. To the extent permitted by federal law or regulation, public service companies as defined in §56-1, for the conduct of investigations of applicants for employment when such employment involves personal contact with the public or when past criminal conduct of an applicant would be incompatible with the nature of the employment under consideration;
10. The appropriate authority for purposes of granting citizenship and for purposes of international travel, including, but not limited to, issuing visas and passports;
11. A person requesting a copy of his own criminal history record information as defined in §9.1-101 at his cost, except that criminal history record information shall be supplied at no charge to a person who has applied to be a volunteer with (i) a Virginia affiliate of Big Brothers/Big Sisters of America; (ii) a volunteer fire company; (iii) the Volunteer Emergency Families for Children; (iv) any affiliate of Prevent Child Abuse, Virginia; (v) any Virginia affiliate of Compeer; or (vi) any board member or any individual who has been offered membership on the board of a Crime Stoppers, Crime Solvers or Crime Line program as defined in §15.2-1713.1;
12. Administrators and board presidents of and applicants for licensure or registration as a child welfare agency as defined in §63.2-100 for dissemination to the Commissioner of Social Services' representative pursuant to §63.2-1702 for the conduct of investigations with respect to employees of and volunteers at such facilities, caretakers, and other adults living in family day homes or homes approved by family day systems, and foster and adoptive parent applicants of private child-placing agencies, pursuant to §§63.2-1719, 63.2-1720, 63.2-1720.1, 63.2-1721, and 63.2-1721.1, subject to the restriction that the data shall not be further disseminated by the facility or agency to any party other than the data subject, the Commissioner of Social Services' representative or a federal or state authority or court as may be required to comply with an express requirement of law for such further dissemination;
13. The school boards of the Commonwealth for the purpose of screening individuals who are offered or who accept public school employment and those current school board employees for whom a report of arrest has been made pursuant to §19.2-83.1;
14. The Virginia Lottery for the conduct of investigations as set forth in the Virginia Lottery Law (§58.1-4000 et seq.), and the Department of Agriculture and Consumer Services for the conduct of investigations as set forth in Article 1 (§3.2-4121 et seq.) of Chapter 41.2 of Title 3.2 and Article 1.1:1 (§18.2-340.15 et seq.) of Chapter 8 of Title 18.2;
15. Licensed nursing homes, hospitals and home care organizations for the conduct of investigations of applicants for compensated employment in licensed nursing homes pursuant to §32.1-126.01, hospital pharmacies pursuant to §32.1-126.02, and home care organizations pursuant to § 32.1-162.9:1, subject to the limitations set out in subsection E;
16. Licensed assisted living facilities and licensed adult day care centers for the conduct of investigations of applicants for compensated employment in licensed assisted living facilities and licensed adult day care centers pursuant to §63.2-1720, subject to the limitations set out in subsection F;
17. The Virginia Alcoholic Beverage Control Authority for the conduct of investigations as set forth in §4.1-103.1;
18. The State Board of Elections and authorized officers and employees thereof and general registrars appointed pursuant to §24.2-110 in the course of conducting necessary investigations with respect to voter registration, limited to any record of felony convictions;
19. The Commissioner of Behavioral Health and Developmental Services for those individuals who are committed to the custody of the Commissioner pursuant to §§19.2-169.2, 19.2-169.6, 19.2-182.2, 19.2-182.3, 19.2-182.8, and 19.2-182.9 for the purpose of placement, evaluation, and treatment planning;
20. Any alcohol safety action program certified by the Commission on the Virginia Alcohol Safety Action Program for (i) assessments of habitual offenders under §46.2-360, (ii) interventions with first offenders under §18.2-251, or (iii) services to offenders under §18.2-51.4, 18.2-266, or 18.2-266.1;
21. Residential facilities for juveniles regulated or operated by the Department of Social Services, the Department of Education, or the Department of Behavioral Health and Developmental Services for the purpose of determining applicants' fitness for employment or for providing volunteer or contractual services;
22. The Department of Behavioral Health and Developmental Services and facilities operated by the Department for the purpose of determining an individual's fitness for employment pursuant to departmental instructions;
23. Pursuant to §22.1-296.3, the governing boards or administrators of private elementary or secondary schools which are accredited pursuant to §22.1-19 or a private organization coordinating such records information on behalf of such governing boards or administrators pursuant to a written agreement with the Department of State Police;
24. Public institutions of higher education and nonprofit private institutions of higher education for the purpose of screening individuals who are offered or accept employment;
25. Members of a threat assessment team established by a local school board pursuant to §22.1-79.4, by a public institution of higher education pursuant to §23.1-805, or by a private nonprofit institution of higher education, for the purpose of assessing or intervening with an individual whose behavior may present a threat to safety; however, no member of a threat assessment team shall redisclose any criminal history record information obtained pursuant to this section or otherwise use any record of an individual beyond the purpose that such disclosure was made to the threat assessment team;
26. Executive directors of community services boards or the personnel director serving the community services board for the purpose of determining an individual's fitness for employment, approval as a sponsored residential service provider, or permission to enter into a shared living arrangement with a person receiving medical assistance services pursuant to a waiver pursuant to §§37.2-506 and 37.2-607;
27. Executive directors of behavioral health authorities as defined in §37.2-600 for the purpose of determining an individual's fitness for employment, approval as a sponsored residential service provider, or permission to enter into a shared living arrangement with a person receiving medical assistance services pursuant to a waiver pursuant to §§37.2-506 and 37.2-607;
28. The Commissioner of Social Services for the purpose of locating persons who owe child support or who are alleged in a pending paternity proceeding to be a putative father, provided that only the name, address, demographics and social security number of the data subject shall be released;
29. Authorized officers or directors of agencies licensed pursuant to Article 2 (§37.2-403 et seq.) of Chapter 4 of Title 37.2 by the Department of Behavioral Health and Developmental Services for the purpose of determining if any applicant who accepts employment in any direct care position or requests approval as a sponsored residential service provider or permission to enter into a shared living arrangement with a person receiving medical assistance services pursuant to a waiver has been convicted of a crime that affects his fitness to have responsibility for the safety and well-being of individuals with mental illness, intellectual disability, or substance abuse pursuant to §§37.2-416, 37.2-506, and 37.2-607;
30. The Commissioner of the Department of Motor Vehicles, for the purpose of evaluating applicants for and holders of a motor carrier certificate or license subject to the provisions of Chapters 20 (§46.2-2000 et seq.) and 21 (§46.2-2100 et seq.) of Title 46.2;
31. The chairmen of the Committees for Courts of Justice of the Senate or the House of Delegates for the purpose of determining if any person being considered for election to any judgeship has been convicted of a crime;
32. Heads of state agencies in which positions have been identified as sensitive for the purpose of determining an individual's fitness for employment in positions designated as sensitive under Department of Human Resource Management policies developed pursuant to §2.2-1201.1;
33. The Office of the Attorney General, for all criminal justice activities otherwise permitted under subdivision A 1 and for purposes of performing duties required by the Civil Commitment of Sexually Violent Predators Act (§37.2-900 et seq.);
34. Shipyards, to the extent permitted by federal law or regulation, engaged in the design, construction, overhaul, or repair of nuclear vessels for the United States Navy, including their subsidiary companies, for the conduct of investigations of applications for employment or for access to facilities, by contractors, leased laborers, and other visitors;
35. Any employer of individuals whose employment requires that they enter the homes of others, for the purpose of screening individuals who apply for, are offered, or have accepted such employment;
36. Public agencies when and as required by federal or state law to investigate (i) applicants as providers of adult foster care and home-based services or (ii) any individual with whom the agency is considering placing an adult on an emergency, temporary, or permanent basis pursuant to § 63.2-1601.1, subject to the restriction that the data shall not be further disseminated by the agency to any party other than a federal or state authority or court as may be required to comply with an express requirement of law for such further dissemination, subject to limitations set out in subsection G;
37. The Department of Medical Assistance Services, or its designee, for the purpose of screening individuals who, through contracts, subcontracts, or direct employment, volunteer, apply for, are offered, or have accepted a position related to the provision of transportation services to enrollees in the Medicaid Program or the Family Access to Medical Insurance Security (FAMIS) Program, or any other program administered by the Department of Medical Assistance Services;
38. The State Corporation Commission for the purpose of investigating individuals who are current or proposed members, senior officers, directors, and principals of an applicant or person licensed under Chapter 16 (§6.2-1600 et seq.) or Chapter 19 (§6.2-1900 et seq.) of Title 6.2. Notwithstanding any other provision of law, if an application is denied based in whole or in part on information obtained from the Central Criminal Records Exchange pursuant to Chapter 16 or 19 of Title 6.2, the Commissioner of Financial Institutions or his designee may disclose such information to the applicant or its designee;
39. The Department of Professional and Occupational Regulation for the purpose of investigating individuals for initial licensure pursuant to §54.1-2106.1;
40. The Department for Aging and Rehabilitative Services and the Department for the Blind and Vision Impaired for the purpose of evaluating an individual's fitness for various types of employment and for the purpose of delivering comprehensive vocational rehabilitation services pursuant to Article 11 (§51.5-170 et seq.) of Chapter 14 of Title 51.5 that will assist the individual in obtaining employment;
41. Bail bondsmen, in accordance with the provisions of § 19.2-120;
42. The State Treasurer for the purpose of determining whether a person receiving compensation for wrongful incarceration meets the conditions for continued compensation under §8.01-195.12;
43. The Department of Social Services and directors of local departments of social services for the purpose of screening individuals seeking to enter into a contract with the Department of Social Services or a local department of social services for the provision of child care services for which child care subsidy payments may be provided;
44. The Department of Juvenile Justice to investigate any parent, guardian, or other adult members of a juvenile's household when completing a predispositional or postdispositional report required by § 16.1-273 or a Board of Juvenile Justice regulation promulgated pursuant to § 16.1-233; and
45. Other entities as otherwise provided by law.
Upon an ex parte motion of a defendant in a felony case and upon the showing that the records requested may be relevant to such case, the court shall enter an order requiring the Central Criminal Records Exchange to furnish the defendant, as soon as practicable, copies of any records of persons designated in the order on whom a report has been made under the provisions of this chapter.
Notwithstanding any other provision of this chapter to the contrary, upon a written request sworn to before an officer authorized to take acknowledgments, the Central Criminal Records Exchange, or the criminal justice agency in cases of offenses not required to be reported to the Exchange, shall furnish a copy of conviction data covering the person named in the request to the person making the request; however, such person on whom the data is being obtained shall consent in writing, under oath, to the making of such request. A person receiving a copy of his own conviction data may utilize or further disseminate that data as he deems appropriate. In the event no conviction data is maintained on the data subject, the person making the request shall be furnished at his cost a certification to that effect.
B. Use of criminal history record information disseminated to noncriminal justice agencies under this section shall be limited to the purposes for which it was given and may not be disseminated further.
C. No criminal justice agency or person shall confirm the existence or nonexistence of criminal history record information for employment or licensing inquiries except as provided by law.
D. Criminal justice agencies shall establish procedures to query the Central Criminal Records Exchange prior to dissemination of any criminal history record information on offenses required to be reported to the Central Criminal Records Exchange to ensure that the most up-to-date disposition data is being used. Inquiries of the Exchange shall be made prior to any dissemination except in those cases where time is of the essence and the normal response time of the Exchange would exceed the necessary time period. A criminal justice agency to whom a request has been made for the dissemination of criminal history record information that is required to be reported to the Central Criminal Records Exchange may direct the inquirer to the Central Criminal Records Exchange for such dissemination. Dissemination of information regarding offenses not required to be reported to the Exchange shall be made by the criminal justice agency maintaining the record as required by §15.2-1722.
E. Criminal history information provided to licensed nursing homes, hospitals and to home care organizations pursuant to subdivision A 15 shall be limited to the convictions on file with the Exchange for any offense specified in §§32.1-126.01, 32.1-126.02, and 32.1-162.9:1.
F. Criminal history information provided to licensed assisted living facilities and licensed adult day care centers pursuant to subdivision A 16 shall be limited to the convictions on file with the Exchange for any offense specified in §63.2-1720.
G. Criminal history information provided to public agencies pursuant to subdivision A 36 shall be limited to the convictions on file with the Exchange for any offense set forth in clause (i) of the definition of barrier crime in §19.2-392.02.
H. Upon receipt of a written request from an employer or prospective employer, the Central Criminal Records Exchange, or the criminal justice agency in cases of offenses not required to be reported to the Exchange, shall furnish at the employer's cost a copy of conviction data covering the person named in the request to the employer or prospective employer making the request, provided that the person on whom the data is being obtained has consented in writing to the making of such request and has presented a photo-identification to the employer or prospective employer. In the event no conviction data is maintained on the person named in the request, the requesting employer or prospective employer shall be furnished at his cost a certification to that effect. The criminal history record search shall be conducted on forms provided by the Exchange.
I. Nothing in this section shall preclude the dissemination of a person's criminal history record information pursuant to the rules of court for obtaining discovery or for review by the court.
§19.2-389. (Effective January 1, 2021) Dissemination of criminal history record information.
A. Criminal history record information shall be disseminated, whether directly or through an intermediary, only to:
1. Authorized officers or employees of criminal justice agencies, as defined by §9.1-101, for purposes of the administration of criminal justice and the screening of an employment application or review of employment by a criminal justice agency with respect to its own employees or applicants, and dissemination to the Virginia Parole Board, pursuant to this subdivision, of such information on all state-responsible inmates for the purpose of making parole determinations pursuant to subdivisions 1, 2, 3, and 5 of §53.1-136 shall include collective dissemination by electronic means every 30 days. For purposes of this subdivision, criminal history record information includes information sent to the Central Criminal Records Exchange pursuant to §§37.2-819 and 64.2-2014 when disseminated to any full-time or part-time employee of the State Police, a police department or sheriff's office that is a part of or administered by the Commonwealth or any political subdivision thereof, and who is responsible for the prevention and detection of crime and the enforcement of the penal, traffic or highway laws of the Commonwealth for the purposes of the administration of criminal justice;
2. Such other individuals and agencies that require criminal history record information to implement a state or federal statute or executive order of the President of the United States or Governor that expressly refers to criminal conduct and contains requirements or exclusions expressly based upon such conduct, except that information concerning the arrest of an individual may not be disseminated to a noncriminal justice agency or individual if an interval of one year has elapsed from the date of the arrest and no disposition of the charge has been recorded and no active prosecution of the charge is pending;
3. Individuals and agencies pursuant to a specific agreement with a criminal justice agency to provide services required for the administration of criminal justice pursuant to that agreement which shall specifically authorize access to data, limit the use of data to purposes for which given, and ensure the security and confidentiality of the data;
4. Individuals and agencies for the express purpose of research, evaluative, or statistical activities pursuant to an agreement with a criminal justice agency that shall specifically authorize access to data, limit the use of data to research, evaluative, or statistical purposes, and ensure the confidentiality and security of the data;
5. Agencies of state or federal government that are authorized by state or federal statute or executive order of the President of the United States or Governor to conduct investigations determining employment suitability or eligibility for security clearances allowing access to classified information;
6. Individuals and agencies where authorized by court order or court rule;
7. Agencies of any political subdivision of the Commonwealth, public transportation companies owned, operated or controlled by any political subdivision, and any public service corporation that operates a public transit system owned by a local government for the conduct of investigations of applicants for employment, permit, or license whenever, in the interest of public welfare or safety, it is necessary to determine under a duly enacted ordinance if the past criminal conduct of a person with a conviction record would be compatible with the nature of the employment, permit, or license under consideration;
7a. Commissions created pursuant to the Transportation District Act of 1964 (§33.2-1900 et seq.) of Title 33.2 and their contractors, for the conduct of investigations of individuals who have been offered a position of employment whenever, in the interest of public welfare or safety and as authorized in the Transportation District Act of 1964, it is necessary to determine if the past criminal conduct of a person with a conviction record would be compatible with the nature of the employment under consideration;
8. Public or private agencies when authorized or required by federal or state law or interstate compact to investigate (i) applicants for foster or adoptive parenthood or (ii) any individual, and the adult members of that individual's household, with whom the agency is considering placing a child or from whom the agency is considering removing a child due to abuse or neglect, on an emergency, temporary, or permanent basis pursuant to §§ 63.2-901.1 and 63.2-1505, subject to the restriction that the data shall not be further disseminated to any party other than a federal or state authority or court as may be required to comply with an express requirement of law;
9. To the extent permitted by federal law or regulation, public service companies as defined in §56-1, for the conduct of investigations of applicants for employment when such employment involves personal contact with the public or when past criminal conduct of an applicant would be incompatible with the nature of the employment under consideration;
10. The appropriate authority for purposes of granting citizenship and for purposes of international travel, including, but not limited to, issuing visas and passports;
11. A person requesting a copy of his own criminal history record information as defined in §9.1-101 at his cost, except that criminal history record information shall be supplied at no charge to a person who has applied to be a volunteer with (i) a Virginia affiliate of Big Brothers/Big Sisters of America; (ii) a volunteer fire company; (iii) the Volunteer Emergency Families for Children; (iv) any affiliate of Prevent Child Abuse, Virginia; (v) any Virginia affiliate of Compeer; or (vi) any board member or any individual who has been offered membership on the board of a Crime Stoppers, Crime Solvers or Crime Line program as defined in §15.2-1713.1;
12. Administrators and board presidents of and applicants for licensure or registration as a child welfare agency as defined in §63.2-100 for dissemination to the Commissioner of Social Services' representative pursuant to §63.2-1702 for the conduct of investigations with respect to employees of and volunteers at such facilities, caretakers, and other adults living in family day homes or homes approved by family day systems, and foster and adoptive parent applicants of private child-placing agencies, pursuant to §§63.2-1719, 63.2-1720, 63.2-1720.1, 63.2-1721, and 63.2-1721.1, subject to the restriction that the data shall not be further disseminated by the facility or agency to any party other than the data subject, the Commissioner of Social Services' representative or a federal or state authority or court as may be required to comply with an express requirement of law for such further dissemination;
13. The school boards of the Commonwealth for the purpose of screening individuals who are offered or who accept public school employment and those current school board employees for whom a report of arrest has been made pursuant to §19.2-83.1;
14. The Virginia Lottery for the conduct of investigations as set forth in the Virginia Lottery Law (§58.1-4000 et seq.), and the Department of Agriculture and Consumer Services for the conduct of investigations as set forth in Article 1 (§3.2-4121 et seq.) of Chapter 41.2 of Title 3.2 and Article 1.1:1 (§18.2-340.15 et seq.) of Chapter 8 of Title 18.2;
15. Licensed nursing homes, hospitals and home care organizations for the conduct of investigations of applicants for compensated employment in licensed nursing homes pursuant to §32.1-126.01, hospital pharmacies pursuant to §32.1-126.02, and home care organizations pursuant to § 32.1-162.9:1, subject to the limitations set out in subsection E;
16. Licensed assisted living facilities and licensed adult day care centers for the conduct of investigations of applicants for compensated employment in licensed assisted living facilities and licensed adult day care centers pursuant to §63.2-1720, subject to the limitations set out in subsection F;
17. The Virginia Alcoholic Beverage Control Authority for the conduct of investigations as set forth in §4.1-103.1;
18. The State Board of Elections and authorized officers and employees thereof and general registrars appointed pursuant to §24.2-110 in the course of conducting necessary investigations with respect to voter registration, limited to any record of felony convictions;
19. The Commissioner of Behavioral Health and Developmental Services for those individuals who are committed to the custody of the Commissioner pursuant to §§19.2-169.2, 19.2-169.6, 19.2-182.2, 19.2-182.3, 19.2-182.8, and 19.2-182.9 for the purpose of placement, evaluation, and treatment planning;
20. Any alcohol safety action program certified by the Commission on the Virginia Alcohol Safety Action Program for (i) assessments of habitual offenders under §46.2-360, (ii) interventions with first offenders under §18.2-251, or (iii) services to offenders under §18.2-51.4, 18.2-266, or 18.2-266.1;
21. Residential facilities for juveniles regulated or operated by the Department of Social Services, the Department of Education, or the Department of Behavioral Health and Developmental Services for the purpose of determining applicants' fitness for employment or for providing volunteer or contractual services;
22. The Department of Behavioral Health and Developmental Services and facilities operated by the Department for the purpose of determining an individual's fitness for employment pursuant to departmental instructions;
23. Pursuant to §22.1-296.3, the governing boards or administrators of private elementary or secondary schools which are accredited pursuant to §22.1-19 or a private organization coordinating such records information on behalf of such governing boards or administrators pursuant to a written agreement with the Department of State Police;
24. Public institutions of higher education and nonprofit private institutions of higher education for the purpose of screening individuals who are offered or accept employment;
25. Members of a threat assessment team established by a local school board pursuant to §22.1-79.4, by a public institution of higher education pursuant to §23.1-805, or by a private nonprofit institution of higher education, for the purpose of assessing or intervening with an individual whose behavior may present a threat to safety; however, no member of a threat assessment team shall redisclose any criminal history record information obtained pursuant to this section or otherwise use any record of an individual beyond the purpose that such disclosure was made to the threat assessment team;
26. Executive directors of community services boards or the personnel director serving the community services board for the purpose of determining an individual's fitness for employment, approval as a sponsored residential service provider, or permission to enter into a shared living arrangement with a person receiving medical assistance services pursuant to a waiver pursuant to §§37.2-506 and 37.2-607;
27. Executive directors of behavioral health authorities as defined in §37.2-600 for the purpose of determining an individual's fitness for employment, approval as a sponsored residential service provider, or permission to enter into a shared living arrangement with a person receiving medical assistance services pursuant to a waiver pursuant to §§37.2-506 and 37.2-607;
28. The Commissioner of Social Services for the purpose of locating persons who owe child support or who are alleged in a pending paternity proceeding to be a putative father, provided that only the name, address, demographics and social security number of the data subject shall be released;
29. Authorized officers or directors of agencies licensed pursuant to Article 2 (§37.2-403 et seq.) of Chapter 4 of Title 37.2 by the Department of Behavioral Health and Developmental Services for the purpose of determining if any applicant who accepts employment in any direct care position or requests approval as a sponsored residential service provider or permission to enter into a shared living arrangement with a person receiving medical assistance services pursuant to a waiver has been convicted of a crime that affects his fitness to have responsibility for the safety and well-being of individuals with mental illness, intellectual disability, or substance abuse pursuant to §§37.2-416, 37.2-506, and 37.2-607;
30. The Commissioner of the Department of Motor Vehicles, for the purpose of evaluating applicants for and holders of a motor carrier certificate or license subject to the provisions of Chapters 20 (§46.2-2000 et seq.) and 21 (§46.2-2100 et seq.) of Title 46.2;
31. The chairmen of the Committees for Courts of Justice of the Senate or the House of Delegates for the purpose of determining if any person being considered for election to any judgeship has been convicted of a crime;
32. Heads of state agencies in which positions have been identified as sensitive for the purpose of determining an individual's fitness for employment in positions designated as sensitive under Department of Human Resource Management policies developed pursuant to §2.2-1201.1;
33. The Office of the Attorney General, for all criminal justice activities otherwise permitted under subdivision A 1 and for purposes of performing duties required by the Civil Commitment of Sexually Violent Predators Act (§37.2-900 et seq.);
34. Shipyards, to the extent permitted by federal law or regulation, engaged in the design, construction, overhaul, or repair of nuclear vessels for the United States Navy, including their subsidiary companies, for the conduct of investigations of applications for employment or for access to facilities, by contractors, leased laborers, and other visitors;
35. Any employer of individuals whose employment requires that they enter the homes of others, for the purpose of screening individuals who apply for, are offered, or have accepted such employment;
36. Public agencies when and as required by federal or state law to investigate (i) applicants as providers of adult foster care and home-based services or (ii) any individual with whom the agency is considering placing an adult on an emergency, temporary, or permanent basis pursuant to § 63.2-1601.1, subject to the restriction that the data shall not be further disseminated by the agency to any party other than a federal or state authority or court as may be required to comply with an express requirement of law for such further dissemination, subject to limitations set out in subsection G;
37. The Department of Medical Assistance Services, or its designee, for the purpose of screening individuals who, through contracts, subcontracts, or direct employment, volunteer, apply for, are offered, or have accepted a position related to the provision of transportation services to enrollees in the Medicaid Program or the Family Access to Medical Insurance Security (FAMIS) Program, or any other program administered by the Department of Medical Assistance Services;
38. The State Corporation Commission for the purpose of investigating individuals who are current or proposed members, senior officers, directors, and principals of an applicant or person licensed under Chapter 16 (§6.2-1600 et seq.) or Chapter 19 (§6.2-1900 et seq.) of Title 6.2. Notwithstanding any other provision of law, if an application is denied based in whole or in part on information obtained from the Central Criminal Records Exchange pursuant to Chapter 16 or 19 of Title 6.2, the Commissioner of Financial Institutions or his designee may disclose such information to the applicant or its designee;
39. The Department of Professional and Occupational Regulation for the purpose of investigating individuals for initial licensure pursuant to §54.1-2106.1;
40. The Department for Aging and Rehabilitative Services and the Department for the Blind and Vision Impaired for the purpose of evaluating an individual's fitness for various types of employment and for the purpose of delivering comprehensive vocational rehabilitation services pursuant to Article 11 (§51.5-170 et seq.) of Chapter 14 of Title 51.5 that will assist the individual in obtaining employment;
41. Bail bondsmen, in accordance with the provisions of § 19.2-120;
42. The State Treasurer for the purpose of determining whether a person receiving compensation for wrongful incarceration meets the conditions for continued compensation under §8.01-195.12;
43. The Department of Social Services and directors of local departments of social services for the purpose of screening individuals seeking to enter into a contract with the Department of Social Services or a local department of social services for the provision of child care services for which child care subsidy payments may be provided;
44. The Department of Juvenile Justice to investigate any parent, guardian, or other adult members of a juvenile's household when completing a predispositional or postdispositional report required by § 16.1-273 or a Board of Juvenile Justice regulation promulgated pursuant to § 16.1-233;
45. The State Corporation Commission, for the purpose of screening applicants for insurance licensure under Chapter 18 (§38.2-1800 et seq.) of Title 38.2; and
46. Other entities as otherwise provided by law.
Upon an ex parte motion of a defendant in a felony case and upon the showing that the records requested may be relevant to such case, the court shall enter an order requiring the Central Criminal Records Exchange to furnish the defendant, as soon as practicable, copies of any records of persons designated in the order on whom a report has been made under the provisions of this chapter.
Notwithstanding any other provision of this chapter to the contrary, upon a written request sworn to before an officer authorized to take acknowledgments, the Central Criminal Records Exchange, or the criminal justice agency in cases of offenses not required to be reported to the Exchange, shall furnish a copy of conviction data covering the person named in the request to the person making the request; however, such person on whom the data is being obtained shall consent in writing, under oath, to the making of such request. A person receiving a copy of his own conviction data may utilize or further disseminate that data as he deems appropriate. In the event no conviction data is maintained on the data subject, the person making the request shall be furnished at his cost a certification to that effect.
B. Use of criminal history record information disseminated to noncriminal justice agencies under this section shall be limited to the purposes for which it was given and may not be disseminated further.
C. No criminal justice agency or person shall confirm the existence or nonexistence of criminal history record information for employment or licensing inquiries except as provided by law.
D. Criminal justice agencies shall establish procedures to query the Central Criminal Records Exchange prior to dissemination of any criminal history record information on offenses required to be reported to the Central Criminal Records Exchange to ensure that the most up-to-date disposition data is being used. Inquiries of the Exchange shall be made prior to any dissemination except in those cases where time is of the essence and the normal response time of the Exchange would exceed the necessary time period. A criminal justice agency to whom a request has been made for the dissemination of criminal history record information that is required to be reported to the Central Criminal Records Exchange may direct the inquirer to the Central Criminal Records Exchange for such dissemination. Dissemination of information regarding offenses not required to be reported to the Exchange shall be made by the criminal justice agency maintaining the record as required by §15.2-1722.
E. Criminal history information provided to licensed nursing homes, hospitals and to home care organizations pursuant to subdivision A 15 shall be limited to the convictions on file with the Exchange for any offense specified in §§32.1-126.01, 32.1-126.02, and 32.1-162.9:1.
F. Criminal history information provided to licensed assisted living facilities and licensed adult day care centers pursuant to subdivision A 16 shall be limited to the convictions on file with the Exchange for any offense specified in §63.2-1720.
G. Criminal history information provided to public agencies pursuant to subdivision A 36 shall be limited to the convictions on file with the Exchange for any offense set forth in clause (i) of the definition of barrier crime in §19.2-392.02.
H. Upon receipt of a written request from an employer or prospective employer, the Central Criminal Records Exchange, or the criminal justice agency in cases of offenses not required to be reported to the Exchange, shall furnish at the employer's cost a copy of conviction data covering the person named in the request to the employer or prospective employer making the request, provided that the person on whom the data is being obtained has consented in writing to the making of such request and has presented a photo-identification to the employer or prospective employer. In the event no conviction data is maintained on the person named in the request, the requesting employer or prospective employer shall be furnished at his cost a certification to that effect. The criminal history record search shall be conducted on forms provided by the Exchange.
I. Nothing in this section shall preclude the dissemination of a person's criminal history record information pursuant to the rules of court for obtaining discovery or for review by the court.
§19.2-392.02. National criminal background checks by businesses and organizations regarding employees or volunteers providing care to children or the elderly or disabled.
A. For purposes of this section:
"Barrier crime" means (i) a felony violation of §
16.1-253.2; any violation of §18.2-31, 18.2-32, 18.2-32.1, 18.2-32.2, 18.2-33,
18.2-35, 18.2-36, 18.2-36.1, 18.2-36.2, 18.2-41, or 18.2-42; any felony
violation of §18.2-46.2, 18.2-46.3, 18.2-46.3:1, or 18.2-46.3:3; any violation
of §18.2-46.5, 18.2-46.6, or 18.2-46.7; any violation of subsection A or B of
§18.2-47; any violation of §18.2-48, 18.2-49, or 18.2-50.3; any violation of
§18.2-51, 18.2-51.1, 18.2-51.2, 18.2-51.3, 18.2-51.4, 18.2-51.5, 18.2-51.6,
18.2-52, 18.2-52.1, 18.2-53, 18.2-53.1, 18.2-54.1, 18.2-54.2, 18.2-55,
18.2-55.1, 18.2-56, 18.2-56.1, 18.2-56.2, 18.2-57, 18.2-57.01, 18.2-57.02,
18.2-57.2, 18.2-58, 18.2-58.1, 18.2-59, 18.2-60, or 18.2-60.1; any felony
violation of §18.2-60.3 or 18.2-60.4; any violation of §18.2-61, 18.2-63,
18.2-64.1, 18.2-64.2, 18.2-67.1, 18.2-67.2, 18.2-67.3, 18.2-67.4, 18.2-67.4:1,
18.2-67.4:2, 18.2-67.5, 18.2-67.5:1, 18.2-67.5:2, 18.2-67.5:3, 18.2-77,
18.2-79, 18.2-80, 18.2-81, 18.2-82, 18.2-83, 18.2-84, 18.2-85, 18.2-86,
18.2-87, 18.2-87.1, or 18.2-88; any felony violation of §18.2-279, 18.2-280,
18.2-281, 18.2-282, 18.2-282.1, 18.2-286.1, or 18.2-287.2; any violation of § 3.2-4175, 18.2-289, 18.2-290,
18.2-300, 18.2-308.4, or 18.2-314; any felony violation of §18.2-346,
18.2-348, or 18.2-349; any violation of §18.2-355, 18.2-356, 18.2-357, or
18.2-357.1; any violation of subsection B of §18.2-361; any violation of §
18.2-366, 18.2-369, 18.2-370, 18.2-370.1, 18.2-370.2, 18.2-370.3, 18.2-370.4,
18.2-370.5, 18.2-370.6, 18.2-371.1, 18.2-374.1, 18.2-374.1:1, 18.2-374.3,
18.2-374.4, 18.2-379, 18.2-386.1, or 18.2-386.2; any felony violation of §
18.2-405 or 18.2-406; any violation of § 3.2-4176,
18.2-408, 18.2-413, 18.2-414, 18.2-423, 18.2-423.01, 18.2-423.1, 18.2-423.2,
18.2-433.2, 18.2-472.1, 18.2-474.1, 18.2-477, 18.2-477.1, 18.2-477.2, 18.2-478,
18.2-479, 18.2-480, 18.2-481, 18.2-484, 18.2-485, 37.2-917, or 53.1-203; or any
substantially similar offense under the laws of another jurisdiction; (ii) any
violation of §18.2-89, 18.2-90, 18.2-91, 18.2-92, 18.2-93, or 18.2-94 or any
substantially similar offense under the laws of another jurisdiction; (iii) any
felony violation of § 3.2-4167, 3.2-4169,
3.2-4170, 3.2-4171,
3.2-4172, 3.2-4174, 3.2-4177,
18.2-248, 18.2-248.01, 18.2-248.02, 18.2-248.03,
18.2-248.1, 18.2-248.5, 18.2-251.2, 18.2-251.3, 18.2-255,
18.2-255.2, 18.2-258, 18.2-258.02, 18.2-258.1, or 18.2-258.2 or any
substantially similar offense under the laws of another jurisdiction; (iv) any
felony violation of §18.2-250 or any substantially similar offense under the
laws of another jurisdiction; (v) any offense set forth in §9.1-902 that
results in the person's requirement to register with the Sex Offender and
Crimes Against Minors Registry pursuant to §9.1-901, including any finding
that a person is not guilty by reason of insanity in accordance with Chapter
11.1 (§19.2-182.2 et seq.) of Title 19.2 of an offense set forth in §9.1-902
that results in the person's requirement to register with the Sex Offender and
Crimes Against Minors Registry pursuant to §9.1-901; any substantially similar
offense under the laws of another jurisdiction; or any offense for which
registration in a sex offender and crimes against minors registry is required
under the laws of the jurisdiction where the offender was convicted; or (vi)
any other felony not included in clause (i), (ii), (iii), (iv), or (v) unless
five years have elapsed from the date of the conviction.
"Barrier crime information" means the following facts concerning a person who has been arrested for, or has been convicted of, a barrier crime, regardless of whether the person was a juvenile or adult at the time of the arrest or conviction: full name, race, sex, date of birth, height, weight, fingerprints, a brief description of the barrier crime or offenses for which the person has been arrested or has been convicted, the disposition of the charge, and any other information that may be useful in identifying persons arrested for or convicted of a barrier crime.
"Care" means the provision of care, treatment, education, training, instruction, supervision, or recreation to children or the elderly or disabled.
"Department" means the Department of State Police.
"Employed by" means any person who is employed by, volunteers for, seeks to be employed by, or seeks to volunteer for a qualified entity.
"Identification document" means a document made or issued by or under the authority of the United States government, a state, a political subdivision of a state, a foreign government, political subdivision of a foreign government, an international governmental or an international quasi-governmental organization that, when completed with information concerning a particular individual, is of a type intended or commonly accepted for the purpose of identification of individuals.
"Provider" means a person who (i) is employed by a qualified entity and has, seeks to have, or may have unsupervised access to a child or to an elderly or disabled person to whom the qualified entity provides care; (ii) is a volunteer of a qualified entity and has, seeks to have, or may have unsupervised access to a child to whom the qualified entity provides care; or (iii) owns, operates, or seeks to own or operate a qualified entity.
"Qualified entity" means a business or organization that provides care to children or the elderly or disabled, whether governmental, private, for profit, nonprofit, or voluntary, except organizations exempt pursuant to subdivision A 7 of §63.2-1715.
B. A qualified entity may request the Department of State Police to conduct a national criminal background check on any provider who is employed by such entity. No qualified entity may request a national criminal background check on a provider until such provider has:
1. Been fingerprinted; and
2. Completed and signed a statement, furnished by the entity, that includes (i) his name, address, and date of birth as it appears on a valid identification document; (ii) a disclosure of whether or not the provider has ever been convicted of or is the subject of pending charges for a criminal offense within or outside the Commonwealth, and if the provider has been convicted of a crime, a description of the crime and the particulars of the conviction; (iii) a notice to the provider that the entity may request a background check; (iv) a notice to the provider that he is entitled to obtain a copy of any background check report, to challenge the accuracy and completeness of any information contained in any such report, and to obtain a prompt determination as to the validity of such challenge before a final determination is made by the Department; and (v) a notice to the provider that prior to the completion of the background check the qualified entity may choose to deny the provider unsupervised access to children or the elderly or disabled for whom the qualified entity provides care.
C. Upon receipt of (i) a qualified entity's written request to conduct a background check on a provider, (ii) the provider's fingerprints, and (iii) a completed, signed statement as described in subsection B, the Department shall make a determination whether the provider has been convicted of or is the subject of charges of a barrier crime. To conduct its determination regarding the provider's barrier crime information, the Department shall access the national criminal history background check system, which is maintained by the Federal Bureau of Investigation and is based on fingerprints and other methods of identification, and shall access the Central Criminal Records Exchange maintained by the Department. If the Department receives a background report lacking disposition data, the Department shall conduct research in whatever state and local recordkeeping systems are available in order to obtain complete data. The Department shall make reasonable efforts to respond to a qualified entity's inquiry within 15 business days.
D. Any background check conducted pursuant to this section for a provider employed by a private entity shall be screened by the Department of State Police. If the provider has been convicted of or is under indictment for a barrier crime, the qualified entity shall be notified that the provider is not qualified to work or volunteer in a position that involves unsupervised access to children or the elderly or disabled.
E. Any background check conducted pursuant to this section for a provider employed by a governmental entity shall be provided to that entity.
F. In the case of a provider who desires to volunteer at a qualified entity and who is subject to a national criminal background check, the Department and the Federal Bureau of Investigation may each charge the provider the lesser of $18 or the actual cost to the entity of the background check conducted with the fingerprints.
G. The failure to request a criminal background check pursuant to subsection B shall not be considered negligence per se in any civil action.
H. (Expires July 1, 2020) Notwithstanding any provisions in this section to the contrary, a spouse of a birth parent or parent by adoption who is not the birth parent of a child and has filed a petition for adoption of such child in circuit court may request the Department of State Police to conduct a national criminal background check on such prospective adoptive parent at his cost for purposes of §63.2-1242. Such background checks shall otherwise be conducted in accordance with the provisions of this section.
§22.1-277.08. Expulsion of students for certain drug offenses.
A. School boards shall expel from school attendance any
student whom such school board has determined, in accordance with the
procedures set forth in this article, to have brought a controlled substance,
imitation controlled substance, or marijuana as defined in § 18.2-247 3.2-4121
onto school property or to a school-sponsored activity. A school administrator,
pursuant to school board policy, or a school board may, however, determine,
based on the facts of a particular situation, that special circumstances exist
and no disciplinary action or another disciplinary action or another term of
expulsion is appropriate. A school board may, by regulation, authorize the
division superintendent or his designee to conduct a preliminary review of such
cases to determine whether a disciplinary action other than expulsion is
appropriate. Such regulations shall ensure that, if a determination is made
that another disciplinary action is appropriate, any such subsequent
disciplinary action is to be taken in accordance with the procedures set forth
in this article. Nothing in this section shall be construed to require a
student's expulsion regardless of the facts of the particular situation.
B. Each school board shall revise its standards of student conduct to incorporate the requirements of this section no later than three months after the date on which this act becomes effective.
§24.2-233. Removal of elected and certain appointed officers by courts.
Upon petition, a circuit court may remove from office any elected officer or officer who has been appointed to fill an elective office, residing within the jurisdiction of the court:
1. For neglect of duty, misuse of office, or incompetence in the performance of duties when that neglect of duty, misuse of office, or incompetence in the performance of duties has a material adverse effect upon the conduct of the office;
2. Upon conviction of a misdemeanor pursuant to Article 7 (§3.2-4164 et seq.) of Chapter 41.2 of
Title 3.2 or Article 1 (§18.2-247 et seq.) or Article 1.1 (§18.2-265.1 et
seq.) of Chapter 7 of Title 18.2 and after all
rights of appeal have terminated involving the:
a. Manufacture, sale, gift, distribution, or possession with intent to manufacture, sell, give, or distribute a controlled substance or marijuana;
b. Sale, possession with intent to sell, or placing an advertisement for the purpose of selling drug paraphernalia; or
c. Possession of any controlled substance or marijuana and such conviction under subdivision a, b, or c has a material adverse effect upon the conduct of such office;
3. Upon conviction, and after all rights of appeal have terminated, of a misdemeanor involving a "hate crime" as that term is defined in §52-8.5 when the conviction has a material adverse effect upon the conduct of such office; or
4. Upon conviction, and after all rights of appeal have terminated, of sexual battery in violation of §18.2-67.4, attempted sexual battery in violation of subsection C of §18.2-67.5, peeping or spying into dwelling or enclosure in violation of §18.2-130, consensual sexual intercourse with a child 15 years of age or older in violation of §18.2-371, or indecent exposure of himself or procuring another to expose himself in violation of § 18.2-387, and such conviction has a material adverse effect upon the conduct of such office.
The petition must be signed by a number of registered voters
who reside within the jurisdiction of the officer equal to ten 10 percent of the total number
of votes cast at the last election for the office that the officer holds.
Any person removed from office under the provisions of subdivision 2, 3, or 4 may not be subsequently subject to the provisions of this section for the same criminal offense.
§37.2-416. Background checks required.
A. As used in this section:
"Direct care position" means any position that includes responsibility for (i) treatment, case management, health, safety, development, or well-being of an individual receiving services or (ii) immediately supervising a person in a position with this responsibility.
"Hire for compensated employment" does not include (i) a promotion from one adult substance abuse or adult mental health treatment position to another such position within the same licensee licensed pursuant to this article or (ii) new employment in an adult substance abuse or adult mental health treatment position in another office or program licensed pursuant to this article if the person employed prior to July 1, 1999, in a licensed program had no convictions in the five years prior to the application date for employment. "Hire for compensated employment" includes (a) a promotion or transfer from an adult substance abuse treatment position to any mental health or developmental services direct care position within the same licensee licensed pursuant to this article or (b) new employment in any mental health or developmental services direct care position in another office or program of the same licensee licensed pursuant to this article for which the person has previously worked in an adult substance abuse treatment position.
"Shared living" means an arrangement in which the Commonwealth's program of medical assistance pays a portion of a person's rent, utilities, and food expenses in return for the person residing with and providing companionship, support, and other limited, basic assistance to a person with developmental disabilities receiving medical assistance services in accordance with a waiver for whom he has no legal responsibility.
B. Every provider licensed pursuant to this article shall require (i) any applicant who accepts employment in any direct care position, (ii) any applicant for approval as a sponsored residential service provider, (iii) any adult living in the home of an applicant for approval as a sponsored residential service provider, (iv) any person employed by a sponsored residential service provider to provide services in the home, and (v) any person who enters into a shared living arrangement with a person receiving medical assistance services pursuant to a waiver to submit to fingerprinting and provide personal descriptive information to be forwarded through the Central Criminal Records Exchange to the Federal Bureau of Investigation (FBI) for the purpose of obtaining national criminal history record information regarding the applicant. Except as otherwise provided in subsection C, D, or F, no provider licensed pursuant to this article shall:
1. Hire for compensated employment any person who has been convicted of (i) any offense set forth in clause (i), (ii), or (iii) of the definition of barrier crime in §19.2-392.02 or (ii) any offense set forth in clause (iv) of the definition of barrier crime in §19.2-392.02 (a) in the five years prior to the application date for employment or (b) such person continues on probation or parole or has failed to pay required court costs for such offense set forth in clause (iv) of the definition of barrier crime in §19.2-392.02;
2. Approve an applicant as a sponsored residential service provider if the applicant, any adult residing in the home of the applicant, or any person employed by the applicant has been convicted of (i) any offense set forth in clause (i), (ii), or (iii) of the definition of barrier crime in § 19.2-392.02 or (ii) any offense set forth in clause (iv) of the definition of barrier crime in §19.2-392.02 (a) in the five years prior to the application date to be a sponsored residential service provider or (b) such applicant continues on probation or parole or has failed to pay required court costs for such offense set forth in clause (iv) of the definition of barrier crime in §19.2-392.02; or
3. Permit to enter into a shared living arrangement with a person receiving medical assistance services pursuant to a waiver any person who has been convicted of (i) any offense set forth in clause (i), (ii), or (iii) of the definition of barrier crime in §19.2-392.02 or (ii) any offense set forth in clause (iv) of the definition of barrier crime in §19.2-392.02 (a) in the five years prior to entering into a shared living arrangement or (b) such person continues on probation or parole or has failed to pay required court costs for such offense set forth in clause (iv) of the definition of barrier crime in §19.2-392.02.
The Central Criminal Records Exchange, upon receipt of an applicant's record or notification that no record exists, shall submit a report to the requesting authorized officer or director of a provider licensed pursuant to this article. If any applicant is denied employment because of information appearing on the criminal history record and the applicant disputes the information upon which the denial was based, the Central Criminal Records Exchange shall, upon written request, furnish to the applicant the procedures for obtaining a copy of the criminal history record from the FBI. The information provided to the authorized officer or director of a provider licensed pursuant to this article shall not be disseminated except as provided in this section.
C. Notwithstanding the provisions of subsection B, a provider may hire for compensated employment at adult substance abuse or adult mental health treatment facilities a person who was convicted of any violation of § 18.2-51.3; a misdemeanor violation of §18.2-56 or 18.2-56.1 or subsection A of §18.2-57; any violation of §18.2-60, 18.2-89, 18.2-92, or 18.2-94; any offense set forth in clause (iii) of the definition of barrier crime in § 19.2-392.02, except an offense pursuant to subsections B and C of §3.2-4172 or subsections H1 and H2 of §18.2-248; or any substantially similar offense under the laws of another jurisdiction, if the hiring provider determines, based upon a screening assessment, that the criminal behavior was substantially related to the applicant's substance abuse or mental illness and that the person has been successfully rehabilitated and is not a risk to individuals receiving services based on his criminal history background and his substance abuse or mental illness history.
D. Notwithstanding the provisions of subsection B, a provider may hire for compensated employment at adult substance abuse treatment facilities a person who has been convicted of not more than one offense under subsection C of §18.2-57, or any substantially similar offense under the laws of another jurisdiction, if (i) the person has been granted a simple pardon if the offense was a felony committed in Virginia, or the equivalent if the person was convicted under the laws of another jurisdiction; (ii) more than 10 years have elapsed since the conviction; and (iii) the hiring provider determines, based upon a screening assessment, that the criminal behavior was substantially related to the applicant's substance abuse and that the person has been successfully rehabilitated and is not a risk to individuals receiving services based on his criminal history background and his substance abuse history.
E. The hiring provider and a screening contractor designated by the Department shall screen applicants who meet the criteria set forth in subsections C and D to assess whether the applicants have been rehabilitated successfully and are not a risk to individuals receiving services based on their criminal history backgrounds and substance abuse or mental illness histories. To be eligible for such screening, the applicant shall have completed all prison or jail terms, shall not be under probation or parole supervision, shall have no pending charges in any locality, shall have paid all fines, restitution, and court costs for any prior convictions, and shall have been free of parole or probation for at least five years for all convictions. In addition to any supplementary information the provider or screening contractor may require or the applicant may wish to present, the applicant shall provide to the screening contractor a statement from his most recent probation or parole officer, if any, outlining his period of supervision and a copy of any pre-sentencing or post-sentencing report in connection with the felony conviction. The cost of this screening shall be paid by the applicant, unless the licensed provider decides to pay the cost.
F. Notwithstanding the provisions of subsection B, a provider may (i) hire for compensated employment, (ii) approve as a sponsored residential service provider, or (iii) permit to enter into a shared living arrangement persons who have been convicted of not more than one misdemeanor offense under §18.2-57 or 18.2-57.2, or any substantially similar offense under the laws of another jurisdiction, if 10 years have elapsed following the conviction, unless the person committed the offense while employed in a direct care position. A provider may also approve a person as a sponsored residential service provider if (a) any adult living in the home of an applicant or (b) any person employed by the applicant to provide services in the home in which sponsored residential services are provided has been convicted of not more than one misdemeanor offense under §18.2-57 or 18.2-57.2, or any substantially similar offense under the laws of another jurisdiction, if 10 years have elapsed following the conviction, unless the person committed the offense while employed in a direct care position.
G. Providers licensed pursuant to this article also shall require, as a condition of employment, approval as a sponsored residential service provider, or permission to enter into a shared living arrangement with a person receiving medical assistance services pursuant to a waiver, written consent and personal information necessary to obtain a search of the registry of founded complaints of child abuse and neglect that is maintained by the Department of Social Services pursuant to §63.2-1515.
H. The cost of obtaining the criminal history record and search of the child abuse and neglect registry record shall be borne by the applicant, unless the provider licensed pursuant to this article decides to pay the cost.
I. A person who complies in good faith with the provisions of this section shall not be liable for any civil damages for any act or omission in the performance of duties under this section unless the act or omission was the result of gross negligence or willful misconduct.
J. Notwithstanding any other provision of law, a provider licensed pursuant to this article that provides services to individuals receiving services under the state plan for medical assistance services or any waiver thereto may disclose to the Department of Medical Assistance Services (i) whether a criminal history background check has been completed for a person described in subsection B for whom a criminal history background check is required and (ii) whether the person described in subsection B is eligible for employment, to provide sponsored residential services, to provide services in the home of a sponsored residential service provider, or to enter into a shared living arrangement with a person receiving medical assistance services pursuant to a waiver.
§46.2-390.1. Required revocation for conviction of drug offenses or deferral of proceedings.
A. Except as otherwise ordered pursuant to §18.2-259.1, the
Commissioner shall forthwith revoke, and not thereafter reissue for six months
from the later of (i) the date of conviction or deferral of proceedings under §
18.2-251, unless the deferral was for proceedings for
possession of marijuana pursuant to §18.2-250.1, or (ii)
the next date of eligibility to be licensed, the driver's license, registration
card, and license plates of any resident or nonresident on receiving
notification of (a) his conviction, (b) his having been found guilty in the
case of a juvenile, or (c) the deferral of further proceedings against him
under §18.2-251 for any violation of any provisions of Article 1 (§18.2-247
et seq.) of Chapter 7 of Title 18.2, unless the
proceedings were for possession of marijuana pursuant to §18.2-250.1,
or of any state or federal law or valid county, city,
or town ordinance, or a law of any other state substantially similar to
provisions of such Virginia laws. Such license revocation shall be in addition
to and shall run consecutively with any other license suspension, revocation, or forfeiture in effect
against such person.
B. Any person whose license has been revoked pursuant to this section and §18.2-259.1 shall be subject to the provisions of §§46.2-370 and 46.2-414 and shall be required to pay a reinstatement fee as provided in §46.2-411 in order to have his license restored.
§52-35. Witness protection program established.
The Superintendent of State Police may establish and maintain within the Department of State Police a witness protection program to temporarily relocate or otherwise protect witnesses and their families who may be in danger because of their cooperation with the investigation and prosecution of serious violent crimes, felony violations of §18.2-248, and violations of §§ 3.2-4172, 18.2-57.2, 18.2-67.5:1, 18.2-67.5:2, and 18.2-67.5:3. The Superintendent may make the services of the program available to law-enforcement and criminal justice agencies of all counties, cities, and towns, and of the Commonwealth, pursuant to regulations promulgated by the Superintendent under the Administrative Process Act. (§2.2-4000 et seq.).
§53.1-231.2. Restoration of the civil right to be eligible to register to vote to certain persons.
This section shall apply to any person who is not a qualified voter because of a felony conviction, who seeks to have his right to register to vote restored and become eligible to register to vote, and who meets the conditions and requirements set out in this section.
Any person, other than a person (i) convicted of a violent
felony as defined in §19.2-297.1 or in subsection C of §17.1-805 and any
crime ancillary thereto,; (ii) convicted of a felony
pursuant to §§ §3.2-4167, 3.2-4169, 3.2-4170,
3.2-4171, 3.2-4172, 3.2-4174,
3.2-4177, 18.2-248, 18.2-248.01,
18.2-248.1, 18.2-255, 18.2-255.2,
or § 18.2-258.02,;
or (iii) convicted of a felony pursuant to §24.2-1016, may petition the
circuit court of the county or city in which he was convicted of a felony, or
the circuit court of the county or city in which he presently resides, for
restoration of his civil right to be eligible to register to vote through the
process set out in this section. On such petition, the court may approve the
petition for restoration to the person of his right if the court is satisfied
from the evidence presented that the petitioner has completed, five or more
years previously, service of any sentence and any modification of sentence
including probation, parole, and suspension of sentence; that the petitioner
has demonstrated civic responsibility through community or comparable service;
and that the petitioner has been free from criminal convictions, excluding
traffic infractions, for the same period.
If the court approves the petition, it shall so state in an order, provide a copy of the order to the petitioner, and transmit its order to the Secretary of the Commonwealth. The order shall state that the petitioner's right to be eligible to register to vote may be restored by the date that is 90 days after the date of the order, subject to the approval or denial of restoration of that right by the Governor. The Secretary of the Commonwealth shall transmit the order to the Governor who may grant or deny the petition for restoration of the right to be eligible to register to vote approved by the court order. The Secretary of the Commonwealth shall send, within 90 days of the date of the order, to the petitioner at the address stated on the court's order, a certificate of restoration of that right or notice that the Governor has denied the restoration of that right. The Governor's denial of a petition for the restoration of voting rights shall be a final decision and the petitioner shall have no right of appeal. The Secretary shall notify the court and the State Board of Elections in each case of the restoration of the right or denial of restoration by the Governor.
On receipt of the certificate of restoration of the right to register to vote from the Secretary of the Commonwealth, the petitioner, who is otherwise a qualified voter, shall become eligible to register to vote.
§54.1-2903. What constitutes practice; advertising in connection with medical practice.
A. Any person shall be regarded as practicing the healing arts who actually engages in such practice as defined in this chapter, or who opens an office for such purpose, or who advertises or announces to the public in any manner a readiness to practice or who uses in connection with his name the words or letters "Doctor," "Dr.," "M.D.," "D.O.," "D.P.M.," "D.C.," "Healer," "N.P.," or any other title, word, letter or designation intending to designate or imply that he is a practitioner of the healing arts or that he is able to heal, cure or relieve those suffering from any injury, deformity or disease.
Signing a birth or death certificate, or signing any statement certifying that the person so signing has rendered professional service to the sick or injured, or signing or issuing a prescription for drugs or other remedial agents, shall be prima facie evidence that the person signing or issuing such writing is practicing the healing arts within the meaning of this chapter except where persons other than physicians are required to sign birth certificates.
B. No person regulated under this chapter shall use the title
"Doctor" or the abbreviation "Dr." in writing or in advertising
in connection with his practice unless he simultaneously uses words, initials,
an abbreviation or designation, or other language that identifies the type of
practice for which he is licensed. No person regulated under this chapter shall
include in any advertisement a reference to marijuana, as defined in § 18.2-247
3.2-4121, unless such advertisement is for the treatment of
addiction or substance abuse. However, nothing in this subsection shall prevent
a person from including in any advertisement that such person is registered
with the Board of Pharmacy to issue written certifications for the use of
cannabidiol oil or THC-A oil, as defined in §54.1-3408.3.
§54.1-3408.3. Certification for use of cannabidiol oil or THC-A oil for treatment.
A. As used in this section:
"Cannabidiol oil" means any formulation of processed Cannabis plant extract that contains at least 15 percent cannabidiol but no more than five percent tetrahydrocannabinol, or a dilution of the resin of the Cannabis plant that contains at least five milligrams of cannabidiol per dose but not more than five percent tetrahydrocannabinol. "Cannabidiol oil" does not include industrial hemp, as defined in §3.2-4112, that is grown, dealt, or processed in compliance with state or federal law.
"Practitioner" means a practitioner of medicine or osteopathy licensed by the Board of Medicine, a physician assistant licensed by the Board of Medicine, or a nurse practitioner jointly licensed by the Board of Medicine and the Board of Nursing.
"Registered agent" means an individual designated by a patient who has been issued a written certification, or, if such patient is a minor or an incapacitated adult as defined in §18.2-369, designated by such patient's parent or legal guardian, and registered with the Board pursuant to subsection G.
"THC-A oil" means any formulation of processed Cannabis plant extract that contains at least 15 percent tetrahydrocannabinol acid but not more than five percent tetrahydrocannabinol, or a dilution of the resin of the Cannabis plant that contains at least five milligrams of tetrahydrocannabinol acid per dose but not more than five percent tetrahydrocannabinol.
B. A practitioner in the course of his professional practice may issue a written certification for the use of cannabidiol oil or THC-A oil for treatment or to alleviate the symptoms of any diagnosed condition or disease determined by the practitioner to benefit from such use.
C. The written certification shall be on a form provided by the Office of the Executive Secretary of the Supreme Court developed in consultation with the Board of Medicine. Such written certification shall contain the name, address, and telephone number of the practitioner, the name and address of the patient issued the written certification, the date on which the written certification was made, and the signature of the practitioner. Such written certification issued pursuant to subsection B shall expire no later than one year after its issuance unless the practitioner provides in such written certification an earlier expiration.
D. No practitioner shall be prosecuted under § 3.2-4169, subsection B of §
3.2-4170, or §3.2-4172 or 18.2-248 or
18.2-248.1 for dispensing or distributing cannabidiol oil
or THC-A oil for the treatment or to alleviate the symptoms of a patient's
diagnosed condition or disease pursuant to a written certification issued
pursuant to subsection B. Nothing in this section shall preclude the Board of
Medicine from sanctioning a practitioner for failing to properly evaluate or
treat a patient's medical condition or otherwise violating the applicable
standard of care for evaluating or treating medical conditions.
E. A practitioner who issues a written certification to a patient pursuant to this section shall register with the Board. The Board shall, in consultation with the Board of Medicine, set a limit on the number of patients to whom a practitioner may issue a written certification.
F. A patient who has been issued a written certification shall register with the Board or, if such patient is a minor or an incapacitated adult as defined in §18.2-369, a patient's parent or legal guardian shall register and shall register such patient with the Board.
G. A patient, or, if such patient is a minor or an incapacitated adult as defined in §18.2-369, such patient's parent or legal guardian, may designate an individual to act as his registered agent for the purposes of receiving cannabidiol oil or THC-A oil pursuant to a valid written certification. Such designated individual shall register with the Board. The Board may set a limit on the number patients for whom any individual is authorized to act as a registered agent.
H. The Board shall promulgate regulations to implement the registration process. Such regulations shall include (i) a mechanism for sufficiently identifying the practitioner issuing the written certification, the patient being treated by the practitioner, his registered agent, and, if such patient is a minor or an incapacitated adult as defined in §18.2-369, the patient's parent or legal guardian; (ii) a process for ensuring that any changes in the information are reported in an appropriate timeframe; and (iii) a prohibition for the patient to be issued a written certification by more than one practitioner during any given time period.
I. Information obtained under the registration process shall be confidential and shall not be subject to the disclosure provisions of the Virginia Freedom of Information Act (§2.2-3700 et seq.). However, reasonable access to registry information shall be provided to (i) the Chairmen of the House and Senate Committees for Courts of Justice, (ii) state and federal agencies or local law enforcement for the purpose of investigating or prosecuting a specific individual for a specific violation of law, (iii) licensed physicians or pharmacists for the purpose of providing patient care and drug therapy management and monitoring of drugs obtained by a registered patient, (iv) a pharmaceutical processor involved in the treatment of a registered patient, or (v) a registered patient, his registered agent, or, if such patient is a minor or an incapacitated adult as defined in §18.2-369, the patient's parent or legal guardian, but only with respect to information related to such registered patient.
§54.1-3442.6. Permit to operate pharmaceutical processor.
A. No person shall operate a pharmaceutical processor without first obtaining a permit from the Board. The application for such permit shall be made on a form provided by the Board and signed by a pharmacist who will be in full and actual charge of the pharmaceutical processor. The Board shall establish an application fee and other general requirements for such application.
B. Each permit shall expire annually on a date determined by the Board in regulation. The number of permits that the Board may issue or renew in any year is limited to one for each health service area established by the Board of Health. Permits shall be displayed in a conspicuous place on the premises of the pharmaceutical processor.
C. The Board shall adopt regulations establishing health, safety, and security requirements for pharmaceutical processors. Such regulations shall include requirements for (i) physical standards; (ii) location restrictions; (iii) security systems and controls; (iv) minimum equipment and resources; (v) recordkeeping; (vi) labeling and packaging; (vii) quarterly inspections; (viii) processes for safely and securely cultivating Cannabis plants intended for producing cannabidiol oil and THC-A oil, producing cannabidiol oil and THC-A oil, and dispensing and delivering in person cannabidiol oil and THC-A oil to a registered patient, his registered agent, or, if such patient is a minor or an incapacitated adult as defined in § 18.2-369, such patient's parent or legal guardian; (ix) a maximum number of marijuana plants a pharmaceutical processor may possess at any one time; (x) the secure disposal of plant remains; (xi) a process for registering a cannabidiol oil and THC-A oil product; (xii) dosage limitations, which shall provide that each dispensed dose of cannabidiol oil or THC-A not exceed 10 milligrams of tetrahydrocannabinol; and (xiii) a process for the wholesale distribution of and the transfer of cannabidiol oil and THC-A oil products between pharmaceutical processors.
D. Every pharmaceutical processor shall be under the personal supervision of a licensed pharmacist on the premises of the pharmaceutical processor.
E. The Board shall require an applicant for a pharmaceutical processor permit to submit to fingerprinting and provide personal descriptive information to be forwarded along with his fingerprints through the Central Criminal Records Exchange to the Federal Bureau of Investigation for the purpose of obtaining criminal history record information regarding the applicant. The cost of fingerprinting and the criminal history record search shall be paid by the applicant. The Central Criminal Records Exchange shall forward the results of the criminal history background check to the Board or its designee, which shall be a governmental entity.
F. In addition to other employees authorized by the Board, a pharmaceutical processor may employ individuals who may have less than two years of experience (i) to perform cultivation-related duties under the supervision of an individual who has received a degree in horticulture or a certification recognized by the Board or who has at least two years of experience cultivating plants and (ii) to perform extraction-related duties under the supervision of an individual who has a degree in chemistry or pharmacology or at least two years of experience extracting chemicals from plants.
G. No person who has been convicted of (i) a felony under the
laws of the Commonwealth or another jurisdiction or (ii) within the last five
years, any offense in violation of Article 7 (§3.2-4164
et seq.) of Chapter 41.2 of Title 3.2 or Article 1 (§
18.2-247 et seq.) or Article
1.1 (§18.2-265.1 et seq.) of Chapter 7 of Title 18.2 or a substantially
similar offense under the laws of another jurisdiction shall be employed by or
act as an agent of a pharmaceutical processor.
H. Every pharmaceutical processor shall adopt policies for pre-employment drug screening and regular, ongoing, random drug screening of employees.
§54.1-3442.8. Criminal liability; exceptions.
In any prosecution of an agent or employee of a pharmaceutical
processor under § 18.2-248, 18.2-248.1, 3.2-4164, 3.2-4165, 3.2-4167, 3.2-4169, 3.2-4170,
3.2-4172, or 18.2-250, or
18.2-250.1 for possession or manufacture of marijuana or
for possession, manufacture, or distribution of cannabidiol oil or THC-A oil,
it shall be an affirmative defense that such agent or employee (i) possessed or
manufactured such marijuana for the purposes of producing cannabidiol oil or
THC-A oil in accordance with the provisions of this article and Board
regulations or (ii) possessed, manufactured, or distributed such cannabidiol
oil or THC-A oil in accordance with the provisions of this article and Board
regulations. If such agent or employee files a copy of the permit issued to the
pharmaceutical processor pursuant to §54.1-3442.6 with the court at least 10
days prior to trial and causes a copy of such permit to be delivered to the
attorney for the Commonwealth, such permit shall be prima facie evidence that
(a) such marijuana was possessed or manufactured for the purposes of producing
cannabidiol oil or THC-A oil in accordance with the provisions of this article
and Board regulations or (b) such cannabidiol oil or THC-A oil was possessed,
manufactured, or distributed in accordance with the provisions of this article
and Board regulations.
2. That §§18.2-248.1, 18.2-250.1, and 18.2-251.1 of the Code of Virginia are repealed.
3. That the Board of Agriculture and Consumer Services shall
begin receiving applications for marijuana establishments within one year of
the effective date of this act. For two years after the Board begins to receive
applications for marijuana establishments, the Board shall approve only
applications for marijuana cultivation facilities, marijuana manufacturing
facilities, marijuana secure transporters, retail marijuana stores, and
marijuana microbusinesses (i) from persons who are residents of the
Commonwealth or (ii) if the applicant is a business entity, from business
entities (a) in which every officer, director, manager, and general partner of
the business entity is a natural person who is a resident of the Commonwealth; (b) in which a majority of the shares, membership
interests, partnership interests, or other equity ownership interests as
applicable to the business entity are held or owned by natural persons who are
residents of the Commonwealth or business entities whose owners are all natural
persons who are residents of the Commonwealth,; and (c) that are incorporated
in the Commonwealth or otherwise formed or organized under the laws of the
Commonwealth. If the Board determines, after accepting applications for a
period of one year, that additional state licenses are necessary to minimize
the illegal market for marijuana in the Commonwealth, to efficiently meet the
demand for marijuana, or to provide reasonable access to marijuana in rural
areas, the Board shall begin to accept applications from any applicant.
4. That the initial adoption of regulations by the Board of Agriculture and Consumer Services necessary to implement the provisions of this act shall be exempt from the Administrative Process Act (§2.2-4000 et seq. of the Code of Virginia), except that the Board of Agriculture and Consumer Services shall provide an opportunity for public comment on the regulations prior to adoption.
5. That the provisions of this act may result in a net increase in periods of imprisonment or commitment. Pursuant to §30-19.1:4 of the Code of Virginia, the estimated amount of the necessary appropriation cannot be determined for periods of imprisonment in state adult correctional facilities; therefore, Chapter 854 of the Acts of Assembly of 2019 requires the Virginia Criminal Sentencing Commission to assign a minimum fiscal impact of $50,000. Pursuant to §30-19.1:4 of the Code of Virginia, the estimated amount of the necessary appropriation is $0 for periods of commitment to the custody of the Department of Juvenile Justice.