VirginiaHB3912026 Regular SessionHouseWALLET

Medical cannabis program; product labels, delivery, marijuana delivery operators.

Sponsored By: Alex Q. Askew (Democratic)

Became Law

Summary

Medical cannabis program; product labels; delivery. Changes the requirements for what is included on medical cannabis product labels affixed by pharmaceutical processors to include (i) the total milligrams of tetrahydrocannabinol (THC) and cannabidiol (CBD) included in the edible cannabis product or topical cannabis product, both defined in the bill; (ii) the number of milligrams of THC and CBD in each serving of the edible cannabis product or topical cannabis product; and (iii) the total percentage of THC and CBD included in the inhalable cannabis product, defined in the bill. Under current law, the product label of any medical cannabis product is required to include the total percentage and milligrams of THC and CBD included in the product and the number of milligrams of THC and CBD in each serving.The bill also allows a pharmaceutical processor or cannabis dispensing facility to dispense or deliver cannabis products in person to a patient or such patient's registered agent, parent, or legal guardian at any residence, including a temporary residence or business. However, the bill prohibits dispensing or delivering cannabis products to (a) any military base, child day center, school, or correctional facility; (b) the State Capitol; or (c) any public gathering places, including sporting events, festivals, fairs, races, concerts, and terminals of public transportation companies. The bill also specifies that all transportation or delivery of usable cannabis, botanical cannabis, cannabis oil, or cannabis products, whether by an employee or delivery agent, shall comply with all relevant laws and regulations and provides that the Board of Directors of the Virginia Cannabis Control Authority may suspend or revoke the privileges of any employee or delivery agent to transport or deliver such products for failure to comply. The bill also provides that the 12-month stability testing period for medical cannabis products begins on the date the cannabis product is tested, rather than the date of product registration approval and that any medical cannabis product with an expiration date exceeding 12 months shall be supported by stability testing measured from the testing date, rather than the date of product registration approval. The bill contains technical amendments.

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Bill Overview

Analyzed Economic Effects

7 provisions identified: 3 benefits, 1 costs, 3 mixed.

Stronger testing and clear cannabis labels

Every batch is tested by an independent Virginia lab. For homogenized cannabis oil, at least 0.5% of units are sampled. Botanical cannabis is tested for CBD, THC, terpenes, pesticides, heavy metals, mycotoxins, moisture, and microbes. Processors can fix failed batches (not for pesticide failures) and must retest them; failed retests can be turned into oil. Labels must list ingredients, total and per‑serving THC and CBD, directions, and child and safety warnings, and be posted online. Expiration dates over 12 months need stability testing; on‑site THC may vary up to ±15% from the registered level.

Patient dispensing, delivery, and dose limits

Patients can get cannabis only if they live in Virginia (or stay here temporarily) and have a valid written certification. Staff must copy and keep the first certification for two years and check photo ID; later visits require ID and agent verification. Deliveries are allowed to homes or businesses, but not to military bases, child day centers, schools, jails, the State Capitol, or public events and transit terminals. The law caps supply at a 90‑day amount in any 90 days, as set by the pharmacist, and botanical cannabis at four ounces per 30 days. Each dose may have no more than 10 mg of THC, unless a legal exception applies.

Workforce rules for cannabis pharmacies

A licensed pharmacist must personally supervise each dispensing area (except when products are locked in a pharmacist‑only vault). One pharmacist may oversee no more than six pharmacy technicians at a time. People with a felony conviction in the last five years cannot be employed or act as agents. Processors must keep proof of criminal background checks and have pre‑employment and random drug testing. Businesses may hire trainees with less than one year of cultivation or extraction experience if they are directly supervised by qualified staff.

Permits, caps, and Board oversight

You must get a Board permit to run a processor or dispensary, using the Board form signed by the pharmacist‑in‑charge. The Board sets fees and detailed rules on safety, security, labeling, delivery, inspections, and more. Permits are capped at one processor and up to five dispensaries per health service area, and expire yearly. A permitted processor may open up to five dispensaries and, if the Board approves, one extra cultivation site in the same health service area. Material owners must be fingerprinted for FBI checks, paid by the applicant. The law also defines key program terms so rules apply clearly.

Must stock low-THC CBD options

Processors and dispensaries must keep an adequate supply of products where CBD is the main cannabinoid and THC is low or none. This helps patients who need low‑THC choices find them in stock.

Use of Virginia hemp extracts

Processors may acquire and use industrial hemp extracts grown and processed in Virginia with no more than 0.3% total THC. A Virginia lab must test the extracts and products, and handlers must provide third‑party test results before sale. This expands in‑state sourcing options under clear safety checks.

Secure delivery and transport rules

All cannabis transport and delivery must follow Board rules. Drivers and operators need background checks and ID, secure vehicles, GPS tracking, secure communications, and detailed records. The Board can suspend or revoke employee privileges or a delivery operator’s license for violations.

Sponsors & Cosponsors

Sponsor

  • Alex Q. Askew

    Democratic • House

Cosponsors

There are no cosponsors for this bill.

Roll Call Votes

All Roll Calls

Yes: 354 • No: 5

Senate vote 4/22/2026

Senate concurred in Governor's recommendation

Yes: 34 • No: 5

House vote 4/22/2026

House concurred in Governor's recommendation Block Vote

Yes: 99 • No: 0

Senate vote 3/3/2026

Passed Senate Block Vote

Yes: 40 • No: 0

Senate vote 3/2/2026

Passed by for the day Block Vote (Voice Vote)

Yes: 0 • No: 0

Senate vote 3/2/2026

Constitutional reading dispensed Block Vote (on 2nd reading)

Yes: 39 • No: 0

Senate vote 2/27/2026

Reported from Rehabilitation and Social Services

Yes: 15 • No: 0

House vote 2/2/2026

Read third time and passed House Block Vote

Yes: 99 • No: 0

House vote 1/27/2026

Reported from General Laws with amendment(s)

Yes: 21 • No: 0

House vote 1/23/2026

Subcommittee recommends reporting with amendment(s)

Yes: 7 • No: 0

Actions Timeline

  1. Senate concurred in Governor's recommendation (34-Y 5-N 0-A)

    4/22/2026Senate
  2. House concurred in Governor's recommendation Block Vote (99-Y 0-N 0-A)

    4/22/2026House
  3. Acts of Assembly Chapter text (CHAP1051)

    4/22/2026Governor
  4. Reenrolled bill text (HB391ER2)

    4/22/2026House
  5. Reenrolled

    4/22/2026House
  6. Approved by Governor-Chapter 1051 (effective 7/1/2026)

    4/22/2026Governor
  7. Signed by President

    4/22/2026Senate
  8. Signed by Speaker

    4/22/2026House
  9. Governor's recommendation adopted

    4/22/2026Governor
  10. Governor's recommendation received by House

    4/13/2026Governor
  11. Governor's Action Deadline 11:59 p.m., April 13, 2026

    3/14/2026Governor
  12. Enrolled Bill communicated to Governor on March 14, 2026

    3/14/2026House
  13. Fiscal Impact Statement from Department of Planning and Budget (HB391)

    3/12/2026House
  14. Enrolled

    3/10/2026House
  15. Enrolled

    3/10/2026House
  16. Bill text as passed House and Senate (HB391ER)

    3/10/2026House
  17. Enrolled

    3/10/2026House
  18. Signed by President

    3/10/2026Senate
  19. Signed by Speaker

    3/10/2026House
  20. Passed Senate Block Vote (40-Y 0-N 0-A)

    3/3/2026Senate
  21. Read third time

    3/3/2026Senate
  22. Passed by for the day Block Vote (Voice Vote)

    3/2/2026Senate
  23. Constitutional reading dispensed Block Vote (on 2nd reading) (39-Y 0-N 0-A)

    3/2/2026Senate
  24. Rules suspended

    3/2/2026Senate
  25. Reported from Rehabilitation and Social Services (15-Y 0-N)

    2/27/2026Senate

Bill Text

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