We had our annual retreat and refocused on our goals and our mission. We strive to provide the best solutions for our clients. Part of that is gathering together and pinpointing growth areas and how we can be better together.
This blog post is not intended to provide legal advice or substitute for the advice of legal counsel with respect to specific facts and situations. See disclaimer
We are proud of our attorneys, Kristina Keech Spitler and Lisa Shea, for winning this year’s Prince William Living Influential Women Award!! Please join us in congratulating these two amazing women.
This blog post is not intended to provide legal advice or substitute for the advice of legal counsel with respect to specific facts and situations. See disclaimer
Vanderpool, Frostick & Nishanian, P.C. is honored and proud to announce that 11 of its attorneys have been selected by the Virginia Business Magazine as 2022 Legal Elite. Virginia Business Magazine recognizes each year the leading attorneys in Virginia by practice area. We congratulate our selected attorneys for their great achievement.
Vanderpool Frostick & Nishanian, P.C. (VF&N) is pleased to announce that Mr. Stephen Lofaso has joined VF&N as a senior associate. Stephen Lofaso is an accomplished litigator with an extensive background in business law, accounting, and business litigation.
Mr. Lofaso has a consistent record of getting positive results for his clients and as such, has effectively advocated and procured judgments or reached favorable settlements for his clients in cases ranging from breach of fiduciary duty, conversion (civil theft), breach of contract, civil conspiracy to injure business, tortious interference with contracts, detinue, unlawful detainer, and constructive eviction. Mr. Lofaso will continue his practice as part of the VF&N litigation practice group.
This blog post is not intended to provide legal advice or substitute for the advice of legal counsel with respect to specific facts and situations. See disclaimer
Written by: Bradley Marshall
2022 Criminal Law Mental Health Update
Bradley Marshall will be teaching a continued legal education class on Friday, January 21st, and on Wednesday, March 9th. Both of these dates offer a live webcast and live telephone options. He will go over the new updates effective July 2021, how these changes apply to trial practices, and much more.
To sign up go to Virginia CLE.
The class offers MCLE Credit: 2.0 (Ethics: 1.0)
Live-Interactive Credit: 2.0 (all dates, all formats) Live Interactive MCLE Credit Symbol
Designation Credit: 2.0 Trial Practice/Litigation
This blog post is not intended to provide legal advice or substitute for the advice of legal counsel with respect to specific facts and situations. See disclaimer
Marijuana became legal in Virginia for the first time in July 2021.
But it is not entirely unregulated; there are still laws and regulations that govern its use, gifting, growing, sales, and more. In this blog – part of Vanderpool, Frostick, & Nishanian, P.C.’s series featuring our new cannabis practice area – we explore what is legal and illegal and what future changes are coming as well.
Please keep in mind that this is a general legal summary for informational purposes only. If you have specific questions or would like to discuss a case, please contact us directly. Nothing in this blog should be considered legal advice.
What is now Legal?
What is still Illegal?
When will sales of marijuana begin?
It will not be legal to sell marijuana in Virginia before January 1, 2024. The law will create a new, independent political subdivision to regulate the marijuana industry. While the Cannabis Control Authority (CCA) began its work in July 2021, it will take time for the authority to hire staff, write regulations, and implement equity and safety initiatives. Additionally, many of the regulatory sections of the marijuana legalization bill must be reenacted (approved again) by the 2022 General Assembly before becoming law. For more information on the commercial market, please see below.
I have a medical condition. How do I get a medical card to buy cannabis products?
To purchase cannabis for medical purposes, a patient must have both (a) an unexpired written certification issued from a board-registered practitioner and (b) a current active patient registration issued by the Board of Pharmacy. You can find more information by visiting the Department of Health Professions: Board of Pharmacy’s website.
Can I get a license to sell medical cannabis?
Not as of July 20, 2021. Virginia’s medical cannabis pharmaceutical processor program is currently only authorized to permit five companies (one permit in each Virginia Department of Health Service Area) to cultivate, process, and dispense medical cannabis to registered patients. You can find more information about Virginia’s medical cannabis pharmaceutical processor program by visiting the Department of Health Professions: Board of Pharmacy.
How will the cannabis industry be regulated?
On July 1, 2021, the law authorized the creation of the Cannabis Control Authority (CCA), a new, independent political subdivision to regulate the marijuana industry, including issuing licenses for businesses, creating health and safety guidelines, and promoting diversity within the industry. On July 19, 2021, Governor Northam appointed the Cannabis Control Authority’s Board of Directors members. The Board, along with a CEO, will lead the creation of an adult-use marketplace. However, the CCA will not complete marijuana regulations or begin accepting applications for businesses before 2023.
When can I apply for a marijuana business license?
It will not be legal to sell marijuana before 2024. Until then, it remains a crime to sell any amount of marijuana. However, if the licensing provisions of the bill are reenacted (approved again) in the 2022 General Assembly session, you will likely be able to apply for a marijuana business license in 2023. More instructions and guidance for people wanting to start a marijuana business will be released before the application period begins.
Are there any steps I need to take before applying for a license in 2023?
Not at this time. The Cannabis Control Authority will begin the regulatory process and start engaging more directly with interested stakeholders over the next two years.
Can I grow marijuana at home?
“Home Cultivation” became legal on July 1, 2021. Adults 21 and over may now grow up to four marijuana plants per household (not per person) for personal use. Plants can be grown only at your primary place of residence.
Someone who grows plants must:
It remains illegal to grow more than four plants, to sell or distribute marijuana grown at home, or to manufacture marijuana concentrate from home-cultivated marijuana. Individuals who choose to do so are subject to criminal penalties.
For four free plant tags that meet all of Virginia’s legal requirements, please Contact Us – Vanderpool, Frostick & Nishanian, P.C.
Where can I buy seeds to grow my own at home?
It remains illegal to sell marijuana seeds, clones, flower, or any other part of the marijuana plant in Virginia before 2024. Although there are some states that already have legalized marijuana sales, it remains federally illegal to move marijuana across state lines. You can, however, receive seeds and clones as a gift without remuneration of any kind.
Can I sell my home-grown marijuana to my friends?
No. The existing criminal penalties for selling or distributing marijuana or possessing marijuana with the intent to sell or distribute remain in effect. Individuals who sell marijuana or who possess it intending to sell it are subject to misdemeanor or felony charges, depending on the amount of marijuana involved. You may, however, gift marijuana to friends so long as all other requirements are met, i.e., that you receive no remuneration, that the person is an adult, that you gift them one ounce or less, etc.
If you would like more information or to find out how our team can help you or your business, please allow us to answer your business, employment, local government, land use, regulatory, and criminal law questions regarding cannabis and marijuana legalization. Please visit our Cannabis Laws website at Cannabis Laws – Vanderpool, Frostick & Nishanian, P.C. for more information.
Virginia’s new law that prohibits employers from discharging, disciplining, or discriminating against an employee for the employee’s lawful use of cannabis oil.
Virginia recently enacted a new law that makes it unlawful for employers to discharge, discipline or discriminate against an employee for the employee’s lawful use of “cannabis oil.” In order for the use to be lawful, it must be obtained pursuant to a valid written certification issued by a medical practitioner, who has registered to write such certifications with the Board of Pharmacy, for the treatment or to eliminate the symptoms of a person’s diagnosed conditions or disease. In addition, the patient with the certification must also register with the Board of Pharmacy as well as obtain the cannabis oil from one of the five registered medical cannabis pharmaceutical processor dispensaries in Virginia. In the event that an employer has an employee that has a medical condition for which they have lawfully obtained cannabis oil pursuant to the above-described process, the employer may not discharge, discipline or discriminate against such employee for the employee’s lawful use of cannabis oil. It is important to note that the new law does not protect those who are using cannabis products recreationally or who are using cannabis products for medicinal purposes but have not complied with the proper procedures required by the law.
That leads us to the next question – what is Cannabis oil?
The new law defines cannabis oil as “any formulation of processed Cannabis plant extract, which may include industrial hemp extract acquired by a pharmaceutical processor … or a dilution of the resin of a Cannabis plant that contains at least five milligrams of cannabidiol (CBD) or tetrahydrocannabinolic acid (THC-A) and no more than 10 milligrams of delta-9-tetrahydrocannabinol (THC) per dose.” As the purpose of the Cannabis Oil under this law is to treat medical conditions, the law is very specific as to the content of cannabis products.
Cannabis oil should not be confused with CBD products available without a prescription and represented as having low amounts of THC. You can go to stores now where you may have CBD oils or cannabis products that are the kind that are not controlled and regulated by a medical cannabis pharmaceutical processor dispensary as part of a medicinal remedy. The use of these cannabis products are not what this law is intended to protect. If you have somebody who goes to a local store and buys some CBD product and then ends up in some circumstance where they test positive for marijuana, that’s not protected. It is the use related to medicinal use and only if the proper procedures are followed.
If an employee’s work is impaired by the use of medicinal cannabis, Employers may still take adverse action.
Employer’s still retain the ability to take adverse employment action against an employee with a medical certification if the employee’s work is impaired caused by the use of cannabis oil. Employers may also prohibit possession of cannabis oil during work hours.
Please contact Kristina Keech Spitler, kspitler@vfnlaw.com or 703-618-3205 should you have any questions or need assistance[/vc_column_text][/vc_column][/vc_row]
Vanderpool, Frostick & Nishanian, P.C. is pleased to announce the addition of our newest associate Monica Munin. She is currently licensed and authorized to practice law in the District of Columbia. Her practice includes employment law as well as litigation.
Prior to joining VF&N, Ms. Munin worked as an associate at Brustein & Manasevit PLLC in Washington, D.C, where she specialized in administrative litigation and compliance consulting for Local Education Agencies (LEAs) as well as State Education Agencies (SEAs). Prior to obtaining her law license, Ms. Munin served as an intern for the Honorable William Jarvis in Prince William General District Court as well as a paralegal for a general practice law firm in New York City.
Vanderpool, Frostick & Nishanian, P.C. is proud to announce that three of its attorneys have been recognized by the Virginia Business Magazine as being among Virginia’s “Legal Elite” within their various practice categories. We are extremely honored to celebrate their continued success and exceptional work!
Vanderpool, Frostick & Nishanian, P.C. is pleased to announce the addition of our newest associate Laura M. D’Agostino. Her practice includes employment law and litigation.
Laura’s passion for business and employment law stems from her upbringing and involvement in her family’s business. In this role, Laura assumed significant management responsibilities as she interacted with local government officials, ensured compliance with applicable regulatory provisions, and applied creative solutions to resolve personnel management issues. Laura is committed to helping her clients and their teams build and strengthen their legal compliance as well as assisting them in practical aspects of human resource management.
Prior to joining VF&N, Laura worked as a litigation associate for Jackson & Campbell and as a judicial law clerk for the Honorable Tracy C. Hudson in the Circuit Court for the Thirty-First Judicial Circuit of Virginia. Ms. D’Agostino simultaneously obtained her J.D. from Antonin Scalia Law School and her Master of Public Policy from the McCourt School of Public Policy at Georgetown University.