Virginia Laws

Virginia Laws & Regulations

The information contained on this website is provided for informational purposes only and should not be construed as legal advice on any matter. The Information constitutes general information of applicable administrative regulation and/or laws related to general topics in the arena of controlled substance misuse and abuse and may not reflect current legal developments and updates. Please refer to your state legislature for any potential changes. 

Code of Virginia (COV)

Virginia Administrative Code (VAC)

Virginia General Assembly (Click to search Legislation)

 

Virginia Advertising & Marketing Information

• 2VAC5-595-60 – Labeling of industrial hemp extracts and foods containing an industrial hemp extract.
• 18VAC85-20-30 – Advertising ethics.
• COV § 18.2-248.4 – Advertisement of imitation controlled substances prohibited; penalty.

Virginia Child Safety Information

• COV 63.2 Chapter 15 – Child Abuse and Neglect
• COV § 18.2-248.02 – Allowing a minor or incapacitated person to be present during manufacture or attempted manufacture of methamphetamine prohibited; penalties
• COV § 18.2-255 – Distribution of certain drugs to persons under 18 prohibited; penalty.
• COV § 18.2-255.1 – Distribution, sale or display of printed material advertising instruments for use in administering marijuana or controlled substances to minors; penalty.
• COV § 18.2-371 – Causing or encouraging acts rendering children delinquent, abused, etc.; penalty; abandoned infant
• COV § 18.2-371.1 – Abuse and neglect of children; penalty; abandoned infant
• COV § 18.2-371.2 – Prohibiting purchase or possession of tobacco products, nicotine vapor products, alternative nicotine products, and hemp products intended for smoking by a person under 21 years of age or sale of tobacco products, nicotine vapor products, alternative nicotine products, and hemp products intended for smoking to persons under 21 years of age; civil penalties

Virginia Compounding Information

• 18VAC110-20-321 – Compounding.
• COV § 54.1-3410.2 – Compounding; pharmacists’ authority to compound under certain conditions; labeling and record maintenance requirements.

Virginia Coroner/Medical Examiner Information

• COV 32.1 Chapter 8 – Postmortem Examinations and Services

Virginia Drug Checking Information (Fentanyl Test Strips)

• COV 18.2(7) Article 1.1 – Drug Paraphernalia
• COV § 18.2-265.1 – Drug Paraphernalia – Definition.
• COV § 54.1-3466 – Possession or distribution of controlled paraphernalia; definition of controlled paraphernalia; evidence; exceptions.

Virginia Drug Cleanup Information (Methamphetamine & Fentanyl Labs)

• NO STATE SPECIFIC INFORMATION AVAILABLE (RE: Clandestine Lab Cleanup for Methamphetamine or Fentanyl)
• COV § 15.2-1716.2 – Methamphetamine lab cleanup costs; localities may charge for reimbursement.
• COV § 18.2-248.04 – Methamphetamine Cleanup Fund established.
• COV § 55.1-708 – Required disclosures; property previously used to manufacture methamphetamine
• COV § 55.1-1219 – Required disclosures for property previously used to manufacture methamphetamine; remedy for nondisclosure.
• COV § 32.1-11.7 – Guidelines for cleanup of residential property used to manufacture methamphetamine.

Virginia Drug Court Information

• COV § 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.
• COV § 18.2-254 – Commitment of convicted person for treatment for substance abuse.
• COV § 18.2-254.1 – Drug Treatment Court Act
• COV § 18.2-254.2 – Specialty dockets; report.
• COV § 18.2-254.3 – Behavioral Health Docket Act.

Virginia Drug Free Workplace Information

• COV § 2.2-4312 – Drug-free workplace to be maintained by contractor; required contract provisions

Virginia Drugged Driving Information

• COV 18.2(7) Article 2 – Driving Motor Vehicle, Etc., While Intoxicated.
• COV § 18.2-266 – Driving motor vehicle, engine, etc., while intoxicated, etc.
• NASID – State Laws

Virginia Drug Violation(s) Information

• COV 18.2 Chapter 7 – Crimes Involving Health and Safety – Article 1 – Drugs
• COV Article 6 – Misbranded and Adulterated Drugs and Cosmetics.

Virginia Electronic Prescribing Information

• COV § 2.2-213.3 – Secretary to coordinate electronic prescribing clearinghouse
• COV § 54.1-3303 – Prescriptions to be issued and drugs to be dispensed for medical or therapeutic purposes only.
• COV § 54.1-3408.01 – Requirements for prescriptions.
• COV § 54.1-3408.02 – Transmission of prescriptions
• 18VAC110-20-285 – Electronic transmission of prescriptions from prescriber to pharmacy.
• VA Board of Pharmacy Guidance Document (100-35) on Virginia Prescription Requirements

Virginia First Responder Deflection Program(s) Information

• COV 9.1(1) Article 13 – Crisis Intervention Teams
• COV § 16.1-309.11 – Youth justice diversion program

Virginia 911 – Good Samaritan Information

• COV § 8.01-225 – Persons rendering emergency care, obstetrical services exempt from liability
• COV § 18.2-251.03 – Arrest and prosecution when experiencing or reporting overdoses

Virginia Medical Marijuana, Recreational Marijuana & CBD Information

• COV 3.2(51) Article 5 – Industrial Hemp Extract Intended for Human Consumption.
• COV Title 4.1 – Alcoholic Beverage and Cannabis Control
• COV § 18.2-251.1 – Possession or distribution of marijuana for medical purposes permitted.
• COV § 18.2-251.1:1 – (Effective January 1, 2024) Possession or distribution of cannabis oil; public schools.
• COV § 18.2-251.1:2 – (Effective January 1, 2024) Possession or distribution of cannabis oil; nursing homes and certified nursing facilities; hospice and hospice facilities; assisted living facilities.
• COV § 18.2-251.1:3 – Possession or distribution of cannabis oil, or industrial hemp; laboratories; Department of Agriculture and Consumer Services, Department of Law employees.
• COV Chapter 41.1 – Industrial Hemp.

Virginia Medication Assisted Treatment (MAT) Information

• 12VAC35-105-VI Article 1 – Medication Assisted Treatment (Opioid Treatment Services)
• 18VAC85 Chapter 21 – Regulations Governing Prescribing of Opioids and Buprenorphine
• COV § 54.1-3300.1 – Participation in collaborative agreements; regulations to be promulgated by the Boards of Medicine and Pharmacy.
• Opioid/Medication Assisted Treatment License & Oversight (DBHDS 2017)
• VA Board of Pharmacy Guidance Document (100-35) on Virginia Prescription Requirements

Virginia Naloxone Information

• 12VAC30-130-5050 – Covered services: clinic services – opioid treatment program services.
• 12VAC30-130-5060 – Covered services: clinic services – preferred office-based addiction treatment.
• 18VAC110-20-735 – Requirements for dispensing of naloxone by trained individuals.
• COV § 32.1-45.4 – Comprehensive harm reduction programs.
• COV § 32.1-127 – (Effective July 1, 2025) Regulations.
• COV § 54.1-3303.1 – Initiating of treatment with and dispensing and administering of controlled substances by pharmacists.
• COV § 54.1-3408 – Professional use by practitioners.

Virginia Needle Exchange Programs (NEP) & Syringe Services programs (SSP) Information

• COV § 32.1-45.4 – Comprehensive harm reduction programs.
• COV 34 Article 7 – Controlled Paraphernalia.
• COV § 54.1-3467 – Distribution of hypodermic needles or syringes, gelatin capsules, quinine or any of its salts.

Virginia Neonatal Abstinence Syndrome (NAS), Neonatal Opioid Withdrawal (NOWS) Information

• 12VAC5-90-80 – List of diseases that shall be reported.
• COV § 32.1-36 – Reports by physicians and laboratory directors.
• COV § 32.1-37 – Reports by persons other than physicians.
• COV § 63.2-1509 – Requirement that certain injuries to children be reported by physicians, nurses, teachers, etc.; penalty for failure to report

Virginia Opioid Litigation Proceeds Information

• COV § 2.2 Chapter 22 – Article 12 – Opioid Abatement Authority
• COV § 2.2-2696 – Virginia Addiction Recovery Council.

Virginia Overdose Prevention Centers (OPC), Supervised Consumption Sites (SCS), Supervised Injection Facilities (SIF) Information

• NO STATE SPECIFIC INFORMATION AVAILABLE

Virginia Overdose Surveillance/Reporting Information

• COV § 32.1-283.7 – Local and regional overdose fatality review teams established; membership; authority; confidentiality; immunity.

Virginia Pain Management Information

• 18VAC85 Chapter 21 – Regulations Governing Prescribing of Opioids and Buprenorphine
• 18VAC90 Chapter 40 – Regulations for Prescriptive Authority for Advanced Practice Registered Nurses
• COV § 54.1-2522.1 – (Effective until July 1, 2027) Requirements of prescribers
• COV § 54.1-2522.1 – (Effective July 1, 2027) Requirements of practitioners

Virginia Pill Press & Counterfeit Medication Information

• COV § 18.2-247 – Use of terms “controlled substances,” “marijuana,” “Schedules I, II, III, IV, V, and VI,” “imitation controlled substance,” and “counterfeit controlled substance” in Title 18.2.
• COV § 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.
• COV § 18.2-248.4 – Advertisement of imitation controlled substances prohibited; penalty.
• COV § 54.1-3457(14) – Prohibited Acts

Virginia Prescription Drug Drop-Off Information

• COV § 54.1-3411.2 – Prescription drug disposal programs.
• COV § 54.1-3411.2:1 – Guidelines for disposal of unused drugs.
• 18VAC110-30-160 – Disposal of Schedule II through VI controlled substances.

Virginia Prescription Drug Importation Information

• House Bill 478 – Introduced 2022 (died)
• Senate Bill 186 – Prefiled 2024

Virginia Prescription Drug Monitoring Program Information

• COV 54.1 Chapter 25.2 – Prescription Monitoring Program
• 12VAC30-130-5050 – Covered services: clinic services – opioid treatment program services.
• 12VAC30-130-5060 – Covered services: clinic services – preferred office-based addiction treatment.
• 12VAC35-105-940 – Criteria for involuntary termination from treatment.
• 18VAC110-20-25 – Unprofessional conduct.
• 18VAC110-21-40 – Unprofessional conduct.
• 18VAC110-60-310 – Dispensing of cannabis products.
• VA Board of Pharmacy Guidance Document (100-35) on Virginia Prescription Requirements
• Virginia Department of Health Professions – Regulations Governing the Prescription Monitoring Program (2022)

Virginia Precursor Chemicals/Including Pseudoephedrine Information

• COV 18.2(7) Article 1.2 – Sale of Ephedrine or related compounds

Virginia Prison Program(s) Information

• COV § 18.2-254.1 – Drug Treatment Court Act
• COV § 37.2-310 – Powers and duties of Department related to substance abuse.

Virginia School Programs/Information

• COV § 54.1-3408 – Professional use by practitioners.
• HB 696 – Recovery high schools; establishment, authorization in certain Superintendents’ regions. (2024 pending)
• SB 726 – Public schools; opioid antagonist administration, etc.

Virginia Sober Living Homes/Recovery Housing Information

• COV § 37.2-431.1 – Recovery residences.
• 12VAC35-260 – Certified Recovery Residences

Virginia Substance Abuse Services Information

• 12VAC30 – Department of Medical Assistance Services
• 12VAC30-130-5000 – Part XX. Addiction and Recovery Treatment Services
• COV § 2.2-2696 – Virginia Addiction Recovery Council.
• COV § 38.2-3412.1 – Coverage for mental health and substance use disorders.
• COV 54.1(35) Article 1.1 – Licensed Substance Abuse Treatment Practitioners.

Virginia Tribal Opioid Resources

• 12VAC35-225-40 – Public awareness and child identification and referral.
• COV § 2.2-401.01 – Liaison to Virginia Indian tribes; Virginia Indigenous People’s Trust Fund.

Virginia Telemedicine/Telehealth Information

• 12VAC30-60-70 – Utilization control: home health services.
• 12VAC30-130-5060 – Covered services: clinic services – preferred office-based addiction treatment.
• 18VAC110-20-690 – Persons or entities authorized or required to obtain a controlled substances registration.
• COV § 4.1-1601 – (Effective January 1, 2024) Certification for use of cannabis for treatment.
• COV § 32.1-122.03:1 – Statewide Telehealth Plan.
• COV § 38.2-3418.16 – Coverage for telemedicine services.
• COV § 54.1-3303 – Prescriptions to be issued and drugs to be dispensed for medical or therapeutic purposes only.
• COV § 54.1-3500.1 – (Effective January 1, 2024) Counseling Compact.

Last Updated – 3/30/2024

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