3VAC10-50-70. Registration of products.
A. A pharmaceutical processor shall assign a product name to each product of cannabis. The pharmaceutical processor shall register each cannabis product name with the board in a manner prescribed by the board prior to any dispensing and shall associate each registered cannabis product name with a specific laboratory test that includes the total cannabidiol (CBD) and total tetrahydrocannabinol (THC), a terpenes profile, and a list of all active ingredients, including:
1. Tetrahydrocannabinol (THC);
2. Tetrahydrocannabinol acid (THC-A);
3. Cannabidiols (CBD); and
4. Cannabidiolic acid (CBDA).
For botanical cannabis products, only the total cannabidiol (CBD) and total tetrahydrocannabinol (THC) are required.
B. A pharmaceutical processor shall not label two products with the same registered cannabis product name unless the laboratory test results for each product indicate that the level of each listed active ingredient varies by no more than 15%. However, in cases where (i) the total tetrahydrocannabinol (THC) concentration is less than five milligrams per dose, the concentration of THC shall be within 0.5 milligrams per dose and (ii) the total cannabidiol (CBD) concentration is less than five milligrams per dose, the concentration of total CBD shall be within 0.5 milligrams per dose.
C. The board shall not register any cannabis product name that:
1. Is identical to or confusingly similar to the name of an existing commercially available product;
2. Is identical to or confusingly similar to the name of an unlawful product or substance;
3. Is confusingly similar to the registered cannabis product name of a previously approved cannabis product;
4. Is obscene or indecent;
5. May encourage the use of marijuana or cannabis products for recreational purposes;
6. May encourage the use of cannabis products for a disease or condition other than the disease or condition the practitioner intended to treat;
7. Is customarily associated with persons younger than the age of 18 years; or
8. Is related to the benefits, safety, or efficacy of the cannabis product unless supported by substantial evidence or substantial clinical data.
Statutory Authority
§§ 4.1-601, 4.1-604, and 4.1-606 of the Code of Virginia.
Historical Notes
Derived from Virginia Register Volume 40, Issue 11, eff. January 1, 2024.