3 Va. Admin. Code § 10-30-90

Current through Register Vol. 40, No. 22, June 17, 2024

Section 3VAC10-30-90 - Medical cannabis facility employee licenses and registrations

A. A pharmacist with a current, unrestricted license issued by the Board of Pharmacy practicing at the location of the address on the pharmaceutical processor or cannabis dispensing facility application shall be in full and actual charge of the dispensing area of a pharmaceutical processor or of a cannabis dispensing facility and shall serve as the pharmacist-in-charge.

B. A pharmacist with a current, unrestricted license issued by the Board of Pharmacy shall provide personal supervision on the premises of the dispensing area of the pharmaceutical processor or of a cannabis dispensing facility at all times during its hours of operation, unless all cannabis products are contained in a vault or other similar container to which only the pharmacist has access controls.

C. The person who is designated as the responsible party for a pharmaceutical processor shall practice at the location of the address on the pharmaceutical processor application, shall have oversight of the cultivation and production areas, and shall possess:

1. A current, unrestricted license as a pharmacist issued by the Board of Pharmacy;

2. A degree in chemistry, pharmacology, or a field related to the cultivation of plants;

3. A certification recognized by the board; or

4. At least two years of verifiable experience cultivating plants or extracting chemicals from plants.

D. A person who holds a current, unrestricted registration as a pharmacy technician pursuant to § 54.1-3321 of the Code of Virginia may perform the following duties under supervision of a pharmacist:

1. The entry of drug dispensing information and drug history into a data system or other recordkeeping system;

2. The preparation of labels for dispensing the cannabis product or patient information;

3. The removal of the cannabis product to be dispensed from inventory;

4. The measuring of the cannabis product to be dispensed;

5. The packaging and labeling of the cannabis product to be dispensed and the repackaging thereof;

6. The packaging and labeling of bulk cannabis oil, botanical cannabis, and usable cannabis intended to be wholesale distributed pursuant to 3VAC10-40-50;

7. The stocking or loading of devices used in the dispensing process;

8. The selling of the cannabis product to the patient, parent, legal guardian or registered agent; and

9. The performance of any other task restricted to pharmacy technicians by the board of pharmacy's regulations.

E. A pharmacist with a current, unrestricted license; a registered pharmacy intern who has completed the first professional year of pharmacy school; or a pharmacy technician with a current, unrestricted registration issued by the Board of Pharmacy may perform duties associated with the cultivation and extraction as authorized by the pharmaceutical processor and duties associated with the dispensing of the products as authorized by the PIC or as otherwise authorized in law.

F. A pharmaceutical processor may employ individuals with less than two years of experience to perform cultivation-related duties under the supervision of an individual who has received a degree in a field related to the cultivation of plants or a certification recognized by the board or who has at least two years of experience cultivating plants.

G. A pharmaceutical processor may employ individuals with less than two years of experience to perform extraction-related duties under the supervision of an individual who has a degree in chemistry or pharmacology or at least two years of experience extracting chemicals from plants.

H. At no time shall the dispensing area of a pharmaceutical processor operate or be accessed without a pharmacist on duty. At no time shall the cultivation and production area operate or be accessed without an employee on duty who satisfies the requirements for providing direct supervision for the activities in the respective areas.

I. No person shall be employed by or serve as an agent of a medical cannabis facility without being at least 18 years of age.

J. No person who has had a license or registration suspended or revoked or been denied issuance of such license or registration shall serve as an employee or agent of the medical cannabis facility unless such license or registration has been reinstated and is current and unrestricted.

3 Va. Admin. Code § 10-30-90

Derived from Virginia Register Volume 40, Issue 11, eff. 1/1/2024.

Statutory Authority: §§ 4.1-601, 4.1-604, and 4.1-606 of the Code of Virginia.