18VAC110-60-160. Grounds for action against a pharmaceutical processor permit or a cannabis dispensing facility.
In addition to the bases enumerated in § 54.1-3316 of the Code of Virginia, the board may suspend, revoke, or refuse to grant or renew a permit issued; place such permit on probation; place conditions on such permit; or take other actions permitted by statute or regulation on the following grounds:
1. Any criminal conviction under federal or state statutes or regulations or local ordinances, unless the conviction was based on a federal statute or regulation related to the possession, purchase, or sale of cannabis products that is authorized under state law and regulations;
2. Any civil action under any federal or state statute or regulation or local ordinance (i) relating to the applicant's, licensee's, permit holder's, or registrant's profession; or (ii) involving drugs, medical devices, or fraudulent practices, including fraudulent billing practices;
3. Failure to maintain effective controls against diversion, theft, or loss of Cannabis, cannabis products, or other controlled substances;
4. Intentionally or through negligence obscuring, damaging, or defacing a permit or registration card;
5. Permitting another person to use the permit of a permit holder; the written certification of a qualifying patient, parent, or legal guardian; the registration of a qualifying patient, parent, or legal guardian who has voluntarily registered with the board; or a registered agent, except as required for a registered agent to act on behalf of a patient;
6. Failure to cooperate or give information to the board on any matter arising out of conduct at a pharmaceutical processor or cannabis dispensing facility; or
7. Discontinuance of business for more than 60 days, unless the board approves an extension of such period for good cause shown upon a written request from a pharmaceutical processor or cannabis dispensing facility. Good cause includes exigent circumstances that necessitate the closing of the facility. Good cause shall not include a voluntary closing of the pharmaceutical processor or cannabis dispensing facility.
Statutory Authority
§ 54.1-3442.6 of the Code of Virginia.
Historical Notes
Derived from Virginia Register Volume 35, Issue 23, eff. August 7, 2019; amended, Virginia Register Volume 37, Issue 1, eff. September 30, 2020; Volume 37, Issue 25, eff. September 1, 2021; Volume 38, Issue 11, eff. February 16, 2022; Volume 39, Issue 24, eff. August 16, 2023.