Questions for:

Clients, Moms And Dads, or Legal Guardians

Q: that is entitled to acquiring cannabidiol (CBD) oil and THC-A oil?

A: Presently, what the law states restricts the usage of either oil up to a Board of Pharmacy-registered client or, if such client is a small or an adult that is incapacitated defined in 18.2-369, such person’s moms and dad or guardian for therapy or even relieve the the signs of any diagnosed condition or infection based on the practitioner to profit from such usage.

Q: Does what the law states give an affirmative defense for control of CBD oil or THC-A oil?

A: Yes. 18.2-250.1(C) states, “in just about any prosecution under this part marijuana that is involving the proper execution of cannabidiol oil or THC-A oil as those terms are defined in § 54.1-3408.3, it will be an affirmative protection that the in-patient possessed such oil pursuant to a legitimate written certification granted with a practitioner in the course of their professional training pursuant to § 54.1-3408.3 for treatment or to relieve the symptoms of (i) the average person’s diagnosed condition or disease or (ii) if such person could be the moms and dad or appropriate guardian of a small or of a incapacitated adult as defined in § 18.2-369, such small’s or incapacitated adult’s diagnosed condition or infection. If the patient files the valid written certification because of the court at the least 10 times just before test and results in a content of such written official certification become sent to the lawyer for the Commonwealth, such penned certification shall be prima facie evidence that such oil was possessed pursuant to a legitimate written official certification.”

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