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2026 Op. Va. Att'y Gen. 1 (2026)

handle is hein.sag/sagva9155 and id is 1 raw text is: COMMONWEALTH of VIRGINIA Office of the Attorney General Jason S. Miyares 202 North Ninth Street Attorney General Riclhnond, Virginia 23219 January 14, 2026 804-786-2071 Fax 804-786-1991 Virginia Relay Services 800-828-1120 7-1-1 Ms. Jamie Patten Acting Head & Chief Administrative Officer Virginia Cannabis Control Authority 9954 Mayland Drive, Suite 3100 Richmond, Virginia 23233 Dear Ms. Patten: I am responding to your request for an official advisory opinion in accordance with § 2.2-505 of the Code of Virginia. Issue Presented You inquire regarding the written certification required for the use of cannabis products for medical purposes. You specifically ask whether the Virginia Cannabis Control Authority (the Authority) may require that the certification be in an electronic or digital format, rather than also accepting paper certifications. Response It is my opinion that the Authority may not limit written certifications to electronic or digital certifications. Background Although marijuana is still an illegal substance under federal law,' the General Assembly amended state law in 2015 to authorize, in limited fashion, the use of cannabis for specified medical purposes.2 in 2017, the General Assembly enacted additional legislation to regulate the distribution and use of cannabis products for such purposes.3 Among other provisions, the law conditioned medical use upon a patient and his practitioner registering with the Board of Pharmacy,4 and the Board of Pharmacy (the Board) was See 21 U.S.C. § 841. 2 2015 Va. Acts ch. 7 (enacting Code § 54.1-3408.3 to permit the issuance of written certification[s] for the use of cannabidiol oil or THC-A oil for treatment or to alleviate the symptoms of a patient's intractable epilepsy). See 2017 Va. Acts ch. 613. 4 See id. (adding subsections (E) & (F) to Code § 54.1-3408.3).