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Medicinal marijuana legal in Va?

Discussion in 'Medical Marijuana Usage and Applications' started by drtbiker4lyf69, Apr 5, 2011.

  1. #1 drtbiker4lyf69, Apr 5, 2011
    In 1979, the Virginia General Assembly passed the following law:

    Virginia Code § 18.2-251.1. Possession or distribution of marijuana for medical purposes permitted.

    A. No person shall be prosecuted under § 18.2-250 or § 18.2-250.1 for 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 of cancer or glaucoma.

    B. No medical doctor shall be prosecuted under § 18.2-248 or § 18.2-248.1 for dispensing or distributing marijuana or tetrahydrocannabinol for medical purposes when such action occurs in the course of his professional practice for treatment of cancer or glaucoma.

    C. No pharmacist shall be prosecuted under §§ 18.2-248 to 18.2-248.1 for dispensing or distributing marijuana or tetrahydrocannabinol 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 of cancer or glaucoma.

    In 1998, a bill was introduced to repeal the medical use provision, but it was defeated after opposition materialized from Virginians Against Drug Violence. So, from what I can see, doctors can legally prescribe medical marijuana in the state of Virginia. However, if this is true, I don't know why it's not more widely known... Does anyone know anymore about this subject? I'm curious to know.
     
  2. #2 drtbiker4lyf69, Apr 5, 2011
    Bump. Nobody has any take on this matter?
     
  3. #3 Renegade Angel, Apr 5, 2011
    Last edited by a moderator: Apr 5, 2011
    I'll research it a bit and come back, but if this is true, I'll definitely make it known.

    EDIT: Apparently the information is legit. I checked several sources. Seems like it's basically stating that use of cannabis for medical use (glaucoma or cancer) can possibly get you a pass in court. But I don't know, it still seems shaky to me. I'm surprised this isn't more widely known.
     
  4. #4 drtbiker4lyf69, Apr 5, 2011
    Ok awesome. I'm looking forward to hearing the report back
     
  5. #5 hollow9208, Apr 5, 2011
    this is just a guess, but it may be because of the word prescription. no doctor can write a prescription for marijuana. they can only recommend it. which means this law would be technically useless. im interested to see if anyone else can find some kind of confirmation on this law.
     
  6. #6 drtbiker4lyf69, Apr 5, 2011

    That was my thought exactly. But on that note, with this law already being in place, I wonder what it would take to get just a few words revised and updated. Simply changing "prescribe" to "recommend" and adding something about recommendations being at the MD's discretion. I'm not to familiar with medicinal marijuana laws, so this is solely my own opinion/thought on the subject and it may be completely off basis. So if it is please correct me. Anyone who has more information on this subject please chime in. I'm very curious to know the standing of this as of 2011
     
  7. #7 drtbiker4lyf69, Apr 5, 2011

    It seems shaky to me as well. Any ideas on who I could attempt to speak to in the county/State regarding this information and its current standing? Maybe a local doctor as-well? Do you think this would be something worth pursuing information on? I do not have glaucoma or cancer but I'm sure there are plenty of Va residents who may, and would much prefer a natural medicine. And maybe from there it would open the doors for Va to allow lesser cannabis laws and broader medical uses (ie; chronic pain, ADD/ADHD, PTSD, aids& HIV, arthritis etc.) Just a thought
     
  8. #8 Renegade Angel, Apr 5, 2011
    Last edited by a moderator: Mar 15, 2016
    That's what I was thinking too. It really is pointless since no doctor can "prescribe" cannabis. But I'm not sure what uses, if any, we can take from this.
     
  9. #9 ocsurfer, Apr 5, 2011
    Arizona had the same issue in their MMJ law that was passed in 1998. It took them until last year (2010) to pass another law that actually served a useful purpose.

    It is not legal for a physician to prescribe cannabis in the United States (as some have already mentioned). As long as it is a Schedule I substance on the CSA it will be illegal to prescribe it.

    To change the existing statute in Virginia you would have to get another law passed. Basically you are starting at square one with legalizing MMJ in Virginia.
     
  10. #10 drtbiker4lyf69, Apr 5, 2011
    Very interesting to say the least. What was the point in even making this "law" in the first place? On another note, Va does have this useless law. But it just goes to show that the idea is there to allow medicinal use of cannabis. What is stopping them from going behind this and making another law complementing the previous one? Clearly they know that it does have medicinal purposes, otherwise they would not have this law in the first place, nor would they have opposed the repeal of it. I guess I just don't understand what the issue is. If it is already in place, why not pass a new law that is actually useful to Va residents. DC has done it, whats holding Va up?
     
  11. #11 drtbiker4lyf69, Apr 5, 2011
    Virginia already has a law that says if FDA changes its rules on pot, doctors could prescribe marijuana for cancer and glaucoma. -Wahsington Post. So I guess it would be a working law should the FDA change the rules regarding cannabis
     
  12. #12 Mittens024, Apr 5, 2011
    damn thats interesting i shall look it up too. let me know if you got any info.

    im sure chronic pain can be legit medical grounds. i just busted the shit out of my shoulder longboarding today, to the point smoking only helps for 20mins hahah. guess i need like half ounce a day until pain recedes.
     
  13. #13 ocsurfer, Apr 6, 2011
    The same thing that is stopping many states from passing MMJ laws. It is illegal at the federal level and many politicians do not want state laws that contradict federal laws.
     
  14. #14 drtbiker4lyf69, Apr 6, 2011
    Yea very true. Kinda spaced out on that part of it. It just frustrates me that its such a big deal when in all actuality its the furthest thing from it, it should be the least of the Federal Govt's concerns, and the states as well. But thats a very debatable topic to some, and not the purpose of this thread
     
  15. #15 raptadactyl, Jan 23, 2012
    § 18.2-250.1. Possession of marijuana unlawful.
    A. It is unlawful for any person knowingly or intentionally to possess marijuana unless the substance was obtained directly from, or pursuant to, a valid prescription or order of a practitioner while acting in the course of his professional practice, or except as otherwise authorized by the Drug Control Act (§ 54.1-3400 et seq.).
    Upon the prosecution of a person for violation 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 shall be guilty of a misdemeanor, and be confined in jail not more than thirty days and a fine of not more than $500, either or both; any person, upon a second or subsequent conviction of a violation of this section, shall be guilty of a Class 1 misdemeanor.
    B. The provisions of this section shall not apply to members of state, federal, 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.





    this is the law that comes several before the law in question
    here is a link to the site that I found on the "controlled" substance laws
    LIS > Code of Virginia
     
  16. #16 OneOfTheGoodOnes, Jan 23, 2012
    Last edited: Jan 23, 2012

    Why don't you look up the info yourself or is that too much trouble?

    :mad:
    Sorry OP it's not just you but it seems as if everytime I come here someone has started a thread expecting someone else to do the research work, for them.

    For crying out loud, we are suppossed to be adults, not some young kids that don't know how to look up things on their own.
    :smoke:
     
  17. #17 raptadactyl, Jan 23, 2012
    I was just looking up the laws in VA because I live in bedford and I just put my post up to help people but there is a great site that can be looked at. I'll try and find it again for everyone.

    But graybeard you're right, everyone should be looking for themselves, BUT there's nothing wrong with helping other users
     

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