How to Become a Medicinal Marijuana Caregiver in Virginia
Cannabis is legal for both medical and recreational purposes in Virginia. Even though the state legalized possession of up to one ounce of cannabis for individuals 21 and over in 2021, the recreational market has yet to open, with some estimates that it won’t officially get started until early 2024. For the time being, having a medical cannabis card is the only legal way to purchase cannabis in Virginia.
For many patients, caregivers provide an extra boost of assistance, helping to make purchasing and using cannabis just a little bit more convenient. However, for many other patients, caregivers mean the difference between getting and using the medicine they need and being left without it. In order for caregivers to provide this essential service, they are afforded certain rights and responsibilities under the law. These rights are different than the ones medical cannabis patients are granted.
If you’re thinking about becoming a caregiver or you’re a patient looking to designate one, it’s important to understand exactly what those rights and responsibilities are. It’s also a great idea to get an understanding of the registration process and just what is required of caregivers in Virginia.
How to Become a Medical Marijuana Caregiver in Virginia
Virginia allows caregivers to do so in two ways. The first requires that the patient submit the caregivers' information to the recommending physician so it can be added to the medical cannabis recommendation. Otherwise, the process of becoming a caregiver in Virginia is simple.
- Go to Virginia’s online portal to begin your application.
- Set up your account, and log in.
- Choose “Initial Application” from your home screen.
- Choose “Pharmaceutical Processing” under the “Profession” dropdown. Then, select “Registered Agent for Cannabis Oil.” Next, pick “Initial Application” under “Obtained By.”
- Fill out the required registration information.
- Pay the state’s $25 registration fee.
- Provide your government-issued ID to prove your age, identity, and residency.
- Wait for the ID to arrive. It can take up to 30 days for Virginia to process your application.
What is a Medical Marijuana Caregiver (and Who Qualifies in Virginia)?
In Virginia, caregivers are referred to as “registered agents,” but the same basic concept applies. Caregivers are permitted to purchase cannabis on the patient’s behalf and transport it for the patient. Caregivers can care for up to two patients at once. Minor patients and “vulnerable adults” are required to have a caregiver. A parent or legal guardian will usually serve as a minor’s caregiver.
In order to purchase and possess medical cannabis beyond the limits of the state’s recreational program, both patients and caregivers must have a written certification from the patient’s physician. Though patients are not required to register with the state, caregivers still need to register in Virginia.
In order to become a caregiver in Virginia, a person must:
- Be a resident of Virginia
- Be at least 18 years old
- Be designated by the patient or the patient’s legal guardian
- Register with the state’s Board of Pharmacy
In Virginia, caregivers cannot:
- Use the patient’s cannabis
- Be the patient’s doctor
- Provide care for more than two patients
- Purchase more than the legal limit of cannabis
The registration fee for caregivers is $25.
Virginia Laws for MMJ Caregivers and Their Patients
Designating a Caregiver in Virginia
Virginia allows caregivers to provide care for up to two patients at once, and caregivers are required to register with the state or show a written certification from the patient's practitioner in order to purchase and possess cannabis for a patient. In order to register, patients will have to either submit the caregiver information at the time of obtaining their physician's recommendation or prospective caregivers will have to register with the Cannabis Control Authority in Virginia. Parents and legal guardians must apply to be Registered Agents with the CCA.
Cultivating Cannabis as a Caregiver in Virginia
In Virginia, all adults over 21 are legally allowed to cultivate up to 4 cannabis plants. Those plants must be out of public view and secured so people under 21 cannot access them. Virginia also requires that plants be tagged with the owner’s name, driver's license number, and a statement saying that the plant is for personal use. The same rules apply to medical cannabis. Caregivers should work within the state’s recreational cannabis laws when cultivating cannabis and transferring it to the patient.
Learn more about Virginia's cannabis laws and regulations, review our extensive patient FAQs, or visit one of our other helpful resources for current and prospective Virginia medical cannabis patients.
