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Virginia Statutes, Title 4.1

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← All Virginia coverage

Title 4.1, Alcoholic Beverage and Cannabis Control

11 chapters · 271 sections in this title.

All chapters in Title 4.1271 Ch 2, Administration of Licenses.62 Ch 3, Prohibited Practices; Penalties; Pro…61 Ch 1, Definitions and General Provisions.51 Ch 6, General Provisions.29 Ch 4, Wine Franchise Act.19 Ch 5, Beer Franchise Act.19 Ch 11, Possession of Retail Marijuana and R…12 Ch 16, Medical Cannabis Program10 Ch 15, Virginia Cannabis Equity Business Lo…4 Ch 14, Cannabis Control; Testing; Advertising3 Ch 13, Prohibited Practices; Procedural Matters1

29 sections·Filtered byTitle 4.1✕Ch 6✕

Va. Code Ann. § 4.1-600 Definitions
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As used in this subtitle, unless the context requires a different meaning: "Advertisement" or "advertising" means any written or verbal statement, illustration, or depiction that is calculated to induce sales of marijuana, marijuana products, marijuana plants, or marijuana seeds,…
Va. Code Ann. § 4.1-601 Virginia Cannabis Control Authority created.
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A. There is hereby created an independent political subdivision of the Commonwealth, exclusive of the legislative, executive, or judicial branches of state government, to be known as the Virginia Cannabis Control Authority. The Authority's exercise of powers and duties conferred …
Va. Code Ann. § 4.1-602 Virginia Cannabis Control Authority; composition.
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A. The Virginia Cannabis Control Authority shall consist of the Board of Directors, the Cannabis Public Health Advisory Council, the Chief Executive Officer, and the agents and employees of the Authority. B. Nothing contained in this subtitle shall be construed as a restriction o…
Va. Code Ann. § 4.1-603 Cannabis Public Health Advisory Council; purpose; membership; quorum; meetings; compensation and expenses; duties.

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A. The Cannabis Public Health Advisory Council (the Advisory Council) is established as an advisory council to the Board. The purpose of the Advisory Council is to assess and monitor public health issues, trends, and impacts related to marijuana and marijuana legalization and mak…

Va. Code Ann. § 4.1-604 Powers and duties of the Board.

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The Board shall have the following powers and duties: 1. Promulgate regulations in accordance with the Administrative Process Act (§ 2.2-4000 et seq.) and § 4.1-606; 2. Control the possession, sale, transportation, and delivery of marijuana, marijuana products, and regulated hemp…

Va. Code Ann. § 4.1-605 Additional powers; mediation; alternative dispute resolution; confidentiality.

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A. As used in this section: "Appropriate case" means any alleged license or permit violation or objection to the application for a license or permit in which it is apparent that there are significant issues of disagreement among interested persons and for which the Board finds th…

Va. Code Ann. § 4.1-606 Regulations of the Board.

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A. The Board shall promulgate reasonable regulations, not inconsistent with this subtitle or the general laws of the Commonwealth, that it deems necessary to carry out the provisions of this subtitle and to prevent the illegal cultivation, processing, transportation, distribution…

Va. Code Ann. § 4.1-607 Board membership; terms; compensation.

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A. The Authority shall be governed by a Board of Directors, which shall consist of five citizens at large appointed by the Governor and confirmed by the affirmative vote of a majority of those voting in each house of the General Assembly. Each appointee shall (i) have been a resi…

Va. Code Ann. § 4.1-608 Appointment, salary, and powers of Chief Executive Officer; appointment of confidential assistant to the Chief Executive Officer.

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A. The Chief Executive Officer of the Authority shall be appointed by the Governor and confirmed by the affirmative vote of a majority of those voting in each house of the General Assembly. The Chief Executive Officer shall not be a member of the Board, shall hold, at a minimum, …

Va. Code Ann. § 4.1-609 Background investigations of Board members and Chief Executive Officer.

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All members of the Board and the Chief Executive Officer shall be fingerprinted before, and as a condition of, appointment. These fingerprints shall be submitted to the Federal Bureau of Investigation for a national criminal history records search and to the Department of State P…

Va. Code Ann. § 4.1-610 Financial interests of Board, employees, and family members prohibited.

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No Board member or employee of the Authority shall (i) be a principal stockholder or (ii) otherwise have any financial interest, direct or indirect, in any licensee subject to the provisions of this subtitle or in any entity that has submitted an application for a license under C…

Va. Code Ann. § 4.1-611 Seed-to-sale tracking system.

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To ensure that no marijuana or marijuana products grown or processed by a marijuana establishment are sold or otherwise transferred except as authorized by law, the Board shall develop and maintain a seed-to-sale tracking system that tracks marijuana from either the seed or immat…

Va. Code Ann. § 4.1-612 Moneys of Authority.

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All moneys of the Authority, from whatever source derived, shall be paid in accordance with § 4.1-614.

Va. Code Ann. § 4.1-613 Forms of accounts and records; audit; annual report.

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A. The accounts and records of the Authority showing the receipt and disbursement of funds from whatever source derived shall be in a form prescribed by the Auditor of Public Accounts. The Auditor of Public Accounts or his legally authorized representatives shall annually examine…

Va. Code Ann. § 4.1-614 Disposition of moneys collected by the Board.

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A. All moneys collected by the Board shall be paid directly and promptly into the state treasury, or shall be deposited to the credit of the State Treasurer in a state depository, without any deductions on account of salaries, fees, costs, charges, expenses, refunds, or claims of…

Va. Code Ann. § 4.1-615 Leases and purchases of property by the Board.

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The making of leases and the purchasing of real estate by the Board under the provisions of this subtitle are exempt from the Virginia Public Procurement Act (§ 2.2-4300 et seq.). The Authority shall be exempt from the provisions of § 2.2-1149 and from any rules, regulations, and…

Va. Code Ann. § 4.1-616 Exemptions from taxes or assessments.

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The exercise of the powers granted by this subtitle shall be in all respects for the benefit of the people of the Commonwealth, for the increase of their commerce and prosperity, and for the improvement of their living conditions, and as the undertaking of activities in the furth…

Va. Code Ann. § 4.1-617 Exemption of Authority from personnel and procurement procedures; information systems; etc.

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A. The provisions of the Virginia Personnel Act (§ 2.2-2900 et seq.) and the Virginia Public Procurement Act (§ 2.2-4300 et seq.) shall not apply to the Authority in the exercise of any power conferred under this subtitle. Nor shall the provisions of Chapter 20.1 (§ 2.2-2005 et s…

Va. Code Ann. § 4.1-618 Reversion to the Commonwealth.

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In the event of the dissolution of the Authority, all assets of the Authority, after satisfaction of creditors, shall revert to the Commonwealth.

Va. Code Ann. § 4.1-619 Certified mail; subsequent mail or notices may be sent by regular mail; electronic communications as alternative to regular mail; limitation.

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A. Whenever in this subtitle the Board is required to send any mail or notice by certified mail and such mail or notice is sent certified mail, return receipt requested, then any subsequent, identical mail or notice that is sent by the Board may be sent by regular mail. B. Except…

Va. Code Ann. § 4.1-620 Reports and accounting systems of Board; auditing books and records.

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A. The Board shall make reports to the Governor as he may require covering the administration and enforcement of this subtitle. Additionally, the Board shall submit an annual report to the Governor, the General Assembly, and the Chief Executive Officer of the Authority on or befo…

Va. Code Ann. § 4.1-621 Certain information not to be made public.

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Neither the Board nor its employees shall divulge any information regarding (i) financial reports or records required pursuant to this subtitle; (ii) the purchase orders and invoices for marijuana or marijuana products filed with the Board by marijuana licensees; (iii) taxes coll…

Va. Code Ann. § 4.1-622 Criminal history records check required on certain employees; reimbursement of costs.

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All persons hired by the Authority whose job duties involve access to or handling of the Authority's funds or merchandise shall be subject to a criminal history records check before, and as a condition of, employment. The Board shall develop policies regarding the employment of p…

Va. Code Ann. § 4.1-623 Employees of the Authority.

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Employees of the Authority shall be considered employees of the Commonwealth. Employees of the Authority shall be eligible for membership in the Virginia Retirement System or other retirement plan as authorized by Article 4 (§ 51.1-125 et seq.) of Chapter 1 of Title 51.1 and part…

Va. Code Ann. § 4.1-624 Police power of members, agents, and employees of Board.

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Members of the Board are vested, and such agents and employees of the Board designated by it shall be vested, with like power to enforce the provisions of (i) this subtitle and the criminal laws of the Commonwealth as is vested in the chief law-enforcement officer of a county, ci…

Va. Code Ann. § 4.1-625 Liability of Board members; suits by and against Board.

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A. No Board member may be sued civilly for doing or omitting to do any act in the performance of his duties as prescribed by this subtitle, except by the Commonwealth, and then only in the Circuit Court of the City of Richmond. Such proceedings by the Commonwealth shall be instit…

Va. Code Ann. § 4.1-626 Counsel for members, agents, and employees of Board.

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If any member, agent, or employee of the Board shall be arrested, indicted, or otherwise prosecuted on any charge arising out of any act committed in the discharge of his official duties, the Board chairman may employ special counsel approved by the Attorney General to defend suc…

Va. Code Ann. § 4.1-627 Hearings; representation by counsel.

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Any licensee, permittee, or applicant for a license or permit authorized by this subtitle shall have the right to be represented by counsel at any Board hearing for which he has received notice. The licensee, permittee, or applicant shall not be required to be represented by coun…

Va. Code Ann. § 4.1-628 Hearings; allowances to witnesses.

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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…