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Virginia’s medical cannabis program has ‘improved’ but more needed to meet expectations

The medical cannabis program is the only way to legally purchase cannabis in Virginia. But, current Virginia medical patients point to the program’s shortcomings, and cannabis advocates say top state officials and lawmakers are actively suppressing it.

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By Chloe Watson

A former Virginia medical cannabis employee initially got into the business to help his wife with her multiple chronic ailments, including multiple sclerosis.

For the past five years, Bart Dluhy has grown plants and made extracts to see what might help ease his wife’s pain, he said. He began his cannabis career as a budtender in a Las Vegas medical facility, where he helped patients select products for particular ailments.

Dluhy completed online cannabis certificate programs through Syracuse University in 2022. He is certified in cannabis health care and medicine, and cultivation. Dluhy is also an official “ganjier” — think sommelier, but for cannabis.

His experience led him to work in a Virginia medical facility operated by Jushi, Dluhy said, where he made cannabis edibles, vape cartridges and various extracted products. Dluhy left after about three months on the job.

“Part of the reason why I left is I didn’t feel good about myself working for a company that was not taking care of the patients that were their consumers,” Dluhy said.

The medical cannabis market is the only way to legally purchase cannabis in Virginia. But, current Virginia patients point to the program’s shortcomings, and cannabis advocates say top state officials and lawmakers are actively suppressing it. The main issues reported range from registration fees, inconsistent supply, high prices, low potency, and overall access.

Virginia lawmakers decriminalized cannabis possession in 2021, with specific parameters. When the General Assembly adjourned this March, they did so without creating the anticipated recreational cannabis market that lawmakers have discussed for years.

“Virginia started as a medical state, and technically, we’re still in a medical state,” Dluhy said. “You can’t go and purchase it legally unless you get a prescription from a doctor.”

How it works: Buying cannabis

Virginia residents must first obtain a written certification from a registered practitioner, for a cost upward of $100, depending on the provider. The certification must be renewed annually. Medical cannabis patients are no longer required as of July 2022 to register with the Board of Pharmacy for a card to access medical dispensaries.

 But the card, which costs $50, can help verify a patient is approved to use cannabis for medical treatment, which can be a factor in employment. It also has to be renewed annually.

Approximate cost then would be $150 annually for a patient, in addition to any purchases. Cannabis is still considered illegal by the federal government, and patients could run into issues with insurance plans covering referrals and medical cannabis purchases.

There are 18 dispensaries located in Virginia. A government-issued ID must be presented at the dispensary with the certificate in order to make the first purchase.

Sales: Climbing, but losing Virginia patients to D.C.

The estimated number of patients with a medical card in Virginia is approximately 50,000. That’s based on BOP-provided information of the number of cards issued as of June last year before the card was not required, and the total number since 2018. Otherwise, the number of medical patients with just a certificate could not be provided, according to the BOP.

Virginia medical cannabis purchases are tracked through the state Prescription Monitoring Program.

The number of products dispensed last year increased 156% from 2021, when a medical card was required. The information is tracked by “dispensations.”

There were almost 562,000 “dispensations” in 2021, according to info provided by the BOP. That total was over 1.44 million, in 2022. The BOP did not provide a total cash sales figure from the medical program by time of publication.

Maryland’s medical program had almost 163,000 patients at the end of December. Its program officially launched in December 2017, after years of figuring out standards and regulations. Washington D.C. has just under 30,000 currently registered patients as of March, but the population is smaller and there is a thriving “gifting market” as a work around to district law.

The small size of the Virginia medical market limits what processors can produce and sell, Dluhy said.

“It’s expensive for what you get, and when I don’t have some of my own growing, I’ll actually drive to Washington D.C. because they have much better products, much better regulations on their products, and have a better variety,” Dluhy said.

Washington-area medical dispensaries can sell to Virginia customers who have a certification and valid state ID. They used to require a BOP card.

There were over 1,200 unique Virginia patients served in Washington in March, according to the city’s Alcoholic Beverage and Cannabis Administration.

It is easier to find out exactly how many Virginia patients were served in D.C. in March than it is to get a detailed overview of the state’s own medical program. Both D.C. and Maryland post numbers on the managing authority’s website and compile public-facing reports.

The Cannabis Control Authority will begin tracking patient sales and totals when it takes over from the BOP next January, the Authority told Capital News Service. It will make that type of “data transparent and accessible” like the district and Maryland.

Control: Three out-of-state companies own the market

When Virginia lawmakers introduced medical cannabis in 2016, they allowed for one pharmaceutical cannabis processor per each one of the five Virginia Department of Health’s designated health service areas. Pharmaceutical processors are facilities with permits to grow cannabis plants, as well as produce and dispense medical products to patients.

“The biggest issue is that there are only four companies in the entire state and each company has its own specific region, and what that does is that limits competition,” Dluhy said.

The state’s four licensed pharmaceutical processing firms are actually now owned by three out-of-state companies valued at hundreds of millions and traded on the stock market, based on Capital News Service analysis in 2022.

JM Pedini is the developmental director of NORML, the National Organization for the Reform of Marijuana Laws Virginia chapter. Policymakers and advocates alike increasingly consider the state’s limited licensure vertical models outdated, though the model is not unique, according to Pedini.

Patients in health district one, in the Northwest area, have to travel or rely on cannabis delivery. No medical processor has been assigned to the district because of a legal roadblock involving the company PharmaCann Virginia. The lawsuit was recently finalized, allowing the VBOP to re-open applications for patients in the area.

Patients are impacted by the lack of access in health district one, and some have medical conditions that make it laborious to travel, according to Dluhy.

“Either they get fatigued or their back is gonna ache from being in the car for so long,” Dluhy said. “Or maybe they just have troubles with vision or lightheadedness and they don’t want to be on the road on [Interstate] 66 on a big highway for two hours out of their day.”

Patient complaints: Product cost, quality and offerings

There are many registered medical patients who complain about low product quality and limited offerings. A Reddit channel dedicated to Virginia medical cannabis users features regular posts about customer issues. The subreddit has over 6,000 people subscribed to it.

There are also posts where patients state they prefer the current medical system over illegal sales.

“There are certain things that a medical facility would do to optimize the product as medicine as opposed to recreation, and a lot of those things that should be done aren’t being done,” Dluhy said, who is active on the subreddit.

Virginia also offers a limited number of product types compared to other states, according to Dluhy. Virginia products can contain THC, or CBD, or a combination. Many other cannabis compounds can be medicinally helpful, according to Dluhy.

Cannabis compounds such as CBG have proven to be anti-inflammatory in mice and helped to slow the growth of colorectal cancer, according to Harvard Health. THCV has shown promise in test trials to help stabilize insulin levels and facilitate weight loss.

“All of these compounds have excellent medical value and different ones are good for different ailments,” Dluhy said.

Other states offer products with different ratios of these compounds, something Dluhy said is important because everyone tolerates cannabis differently. Some medical programs can offer 20-to-1 ratios, or even 5-to-1 ratios of different THC and CBD combinations. This can make it easier for patients to find the exact product to help their ailments, Dluhy said.

Virginia dispensaries are owned by corporations that operate in other states, but the same company in California can legally offer more variety due to demand and stronger products. Virginia medical cannabis sales are currently capped at 10 milligrams of THC per dose.

Other frequent complaints include pricing and inconsistent product availability, which can be hard for a patient who finds a medicine that helps but can’t find it again.

Similar products offered at a Virginia dispensary can cost less at the same company’s dispensary in another state, according to a Capital News Service review of products matched by brand, potency and sales tier. A product that costs $60 in Virginia costs $35 for the same amount in Philadelphia, Pennsylvania — from the same parent company.

Medical patients turn to the black market, and use apps like Telegram to buy cheaper products that may also be better quality, according to Dluhy. However, this can be especially risky for medical patients, as black market products are not screened for heavy metals, pesticides, or other contaminants that would be found through state-mandated testing, he said.

Dluhy blamed these widespread issues on government restrictions and lawmaker delay to create a legal recreational market.

“The longer they wait, the longer people are putting themselves at risk, wasting money, not getting the medicine that they legally should have access to,” Dluhy said. “I really put the fault of this on the government.”

“No one wants to sell crap, but they are restricted because of the legislation,” he added.

Legislation: Does Virginia stay or does it grow?

The Virginia medical program needs to evolve, and the governor’s administration needs to help facilitate that growth and expansion, according to Pedini.

There were some failed legislative efforts this session to expand the medical program.

Sen. Adam Ebbin, D-Alexandria, introduced Senate Bill 1090 to increase the number of allowed cannabis processor permits from one to two for each health service area.

Del. Dawn Adams, D-Richmond, introduced House Bill 2369 to increase the annual number of cannabis dispensing facility permits from five to 12. It also removed the requirement that dispensaries must be owned by a pharmaceutical processor.

That would have allowed more competition in the market, which could help drive down product costs.

Medical cannabis-related legislation that passed this session included companion bills HB 1846 and SB 1337, which originally extended the shelf life of products to 12 months without stability testing. Stability testing measures a product’s longevity and integrity. 

Stability testing is for products that expire after six months and there is a 10% allowed deviation. The new bills expanded that deviation to 15%. The governor amended the legislation and kept the 15% deviation, but shortened the testing period back to anything after six months. 

The legislation also allows for registered cannabis products to have slightly more THC than the allowed amount per dose by increasing the allowable product deviation from 10% to 15%, without having to submit a new registration to the BOP.

Any slight variance in a product requires it to be listed under another name, which can be hard to explain to customers, according to Pedini. Virginia has one of the lowest variances allowed in the country, according to Pedini.

Companion bills SB 788 and HB 1598 transfer oversight of medical cannabis to the Cannabis Control Authority. The Authority was created in 2021 with the anticipation it would regulate aspects of recreational sales.

The medical program will still operate the same, but patients will be better suited under an agency where regulators have an expertise in this area of policy, according to Pedini.

Jeremy Preiss is the acting head of the Virginia Cannabis Control Authority. It will oversee the medical program starting January 2024. The Authority plans to connect with “patients, practitioners, and providers” closer to the date to provide “full awareness” of transfer details, Preiss stated.

“Legislation was passed this session to address this and other patient-specific concerns,” Pedini stated in a follow-up email. “While improvements were made, many more are still needed in order for Virginia’s program to meet the expectations of patients and practitioners.”

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The Capital News Service is a flagship program of VCU’s Richard T. Robertson School of Media and Culture. In the program, journalism students cover news in Richmond and across Virginia and distribute their stories, photos, and other content to more than 100 newspapers, television and radio stations, and news websites.

Community

Tiki Club RVA Sets Sail on Saturday

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Sea Suite Cruises RVA is thrilled to announce the launch of its latest cruise experience, Tiki Club RVA (seasuitecruises.com/tiki-club/richmond-va), officially debuting on the James River at Rocketts Landing for the summer and fall season on Saturday, June 3, 2023 — which also happens to be the start of National Fishing and Boating Week across the country. Following the success of the first season of Paddle Club RVA (seasuitecruises.com/paddle-club/richmond-va) in 2022, the team behind Sea Suite Cruises RVA is excited to bring this fun and unique recreational boating experience to residents and visitors of Richmond.

Tiki Club RVA offers a one-of-a-kind “tropical vibes” excursion on the scenic and historic James River. Step aboard the custom-built, 40-foot tiki boat, complete with bamboo trimmings, a thatched roof, and a tiki bar that you can stock with your favorite BYOB drinks and snacks. Available for private charters and public tours, Tiki Club RVA is built for 30 passengers, and accommodates both single-passenger or small group tickets as well as private parties. Similar to Paddle Club RVA, Tiki Club RVA cruises are an hour and 45 minutes in duration.

With music, drinks, and water views of nature and the city skyline, Tiki Club RVA is a memorable way to sight-see along one of Richmond’s biggest attractions – the James River – with friends or family. “With the addition of Tiki Club RVA, along with Paddle Club RVA, we can’t wait to give Richmonders even more fun and relaxing ways to soak up the sun and experience the water,” said Mike Scearce, General Manager of Sea Suite Cruises RVA.

Whether you’re looking for a day out with friends, a unique date idea, a festive way to celebrate a birthday party, an outing idea for a bachelor or bachelorette party or corporate gathering, or just want to get out on the James River, Tiki Club RVA and Paddle Club RVA are where it’s going to be in 2023.

ABOUT SEA SUITE CRUISES: Sea Suite Cruises co-founders Jack Maher and Jack Walten (“The Jacks,” as they are known) were born and raised in Arlington, Va. and have been best friends since they were two years old. The business-side of their journey began in 2018 when the then 24-year-old Jack and Jack launched Potomac Paddle Club, the first pontoon “cycleboat” in Washington, D.C. After adding more boats in Washington, D.C., they built on their success further in 2022 by partnering with local Richmond-based investors to launch Paddle Club RVA and form the parent company, Sea Suite Cruises. Sea Suite Cruises’ mission is to connect exciting people in exciting places around a suite of water-based offerings. After a successful first year in Richmond, the company has now expanded to further locations in the Mid-Atlantic such as The Wharf, Navy Yard, and Alexandria, Va. in the D.C. area, Baltimore’s Inner Harbor, and Annapolis.

For more information, visit our website at seasuitecruises.com/tiki-club/richmond-va or instagram.com/seasuitecruisesrva.

TIKI CLUB RVA DETAILS

CRUISE DETAILS:
Group Size: Up to 30 people (available for both single ticket purchases or to rent the entire boat for a private party)
Duration: 1 hour and 45 minutes

PRICING*:
Monday-Wednesday: $40/Person
Thursday: $45/Person
Friday-Saturday: $55/Person
Sunday: $50/person
*Pricing may change for holiday weekends and special events

PICKUP + DROPOFF LOCATION:
4708 Old Main St, Richmond, VA. 23231 | On the dock at Rocketts Landing beneath The Boathouse restaurant and Island Shrimp Co.

MISC:
— Bathroom: The vessel comes equipped with a private bathroom on board
— Boat is equipped with Bluetooth-speakers, party lighting for night cruises, and built-in coolers + ice
— Tiki Boat RVA tours are BYOB (hard liquor not allowed, only beer, wine, seltzer, or canned cocktails)
— All cruises are staffed by a licensed master captain and deckhand

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Business

WATCH: Richmond Region Tourism’s new marketing campaign proves Richmond “speaks for itself”

The campaign will run June 1, 2023, through June 2024, and is expected to reach more than 80 million potential travelers through connected TV in selected markets in the East Coast and southern United States, as well as on social media, digital display ads and out-of-home digital billboards in select markets.

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Richmond Region Tourism has launched a new, multi-channel $2 million marketing campaign to inspire travel to the destination. “Speaks for Itself” is a first-of-its-kind campaign for the Richmond Region, targeting potential travelers in East Coast and southern U.S. markets through an unconventional, sound-focused video approach centered around the genuine and authentic character of the region. It also marks a historic opportunity for Richmond Region Tourism to invest more than double its normal budget for tourism marketing.

A 60-second video preview was unveiled to the local hospitality community at Richmond Region Tourism’s 2023 Tourism Awards and Annual Meeting on May 11. The campaign video takes inspiration from popular ASMR content on social media to communicate what it’s like for visitors to experience the Richmond Region – a destination marked by an understated authenticity that even locals find hard to define.

“The Richmond Region speaks to every visitor in different ways,” said Jack Berry, President & CEO of Richmond Region Tourism. “Trying to find a pithy slogan to sum up the region simply wouldn’t do it justice, which is why we’re so excited by this campaign—it provides a platform for local voices and experiences to shine and encourages visitors to take in the many diverse sides of the region.”

The campaign also reflects an effort of community collaboration across the Richmond region. Six jurisdictions including the City of Richmond, Chesterfield County, Hanover County, Henrico County, Colonial Heights and the Town of Ashland contributed funds received from the American Rescue Plan Act (ARPA) via Virginia Tourism Corporation, which must be used specifically for tourism recovery efforts.

“It’s the little moments that make a visit to a destination special, and this campaign embraces and celebrates those experiences in a uniquely Richmond way,” said Richmond Region Tourism Board Chair Dan Schmitt. “They could happen at a buzzy restaurant downtown or in a peaceful park in Henrico. This campaign is remarkable in how it can be embraced and adapted across the region’s many jurisdictions.”

Richmond Region Tourism partnered with ChamberRVA and the Greater Richmond Partnership to review a competitive set of proposals from more than a dozen marketing agencies and selected Richmond-based agency Padilla to create and deliver the campaign.

To ensure that the campaign authentically reflected the Richmond Region, Padilla interviewed more than 60 local leaders and community members during campaign concepting including the BLKRVA and OutRVA committees, business owners, government officials, museum staff, college administrators and more. Keeping with the “Speaks for Itself” theme, local influencers also are being tapped to create unique ASMR-style videos that will be promoted in the campaign’s target markets.

The campaign will run June 1, 2023, through June 2024, and is expected to reach more than 80 million potential travelers through connected TV in selected markets in the East Coast and southern United States, as well as on social media, digital display ads and out-of-home digital billboards in select markets.

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We need your help. RVAHub is a small, independent publication, and we depend on our readers to help us provide a vital community service. If you enjoy our content, would you consider a donation as small as $5? We would be immensely grateful! Interested in advertising your business, organization, or event? Get the details here.

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Downtown

New federal tailpipe rules would put stricter limits on Virginia’s heavy truck emissions

As Virginia continues down the road of speeding up the transition from gas-powered passenger vehicles to electric ones, new rules proposed by the federal government could also accelerate electrification of the state’s heavy trucks.

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By Charlie Paullin

As Virginia continues down the road of speeding up the transition from gas-powered passenger vehicles to electric ones, new rules proposed by the federal government could also accelerate electrification of the state’s heavy trucks.

This April, the Environmental Protection Agency proposed stricter tailpipe emissions limits for passenger vehicles as well as for heavy trucks. The new limits for passenger vehicles will have little impact in Virginia: As a result of 2021 legislation, the state follows stricter standards for light vehicles set by California, which will mandate that 100% of sales of new passenger cars be electric beginning in 2035.

But because the 2021 legislation only applies to vehicles weighing 14,000 pounds or less, Virginia must follow the federal emissions standards for heavy trucks, which if finalized will apply to trucks beginning with model year 2027.

While the EPA would allow manufacturers to choose their own method of meeting the stricter emissions standards, the agency projects up to 50% of vocational vehicles — heavy trucks used for particular industries or occupations — in model year 2032 could use electric batteries and fuel cell technologies.

“By proposing the most ambitious pollution standards ever for cars and trucks, we are delivering on the Biden-Harris Administration’s promise to protect people and the planet, securing critical reductions in dangerous air and climate pollution and ensuring significant economic benefits like lower fuel and maintenance costs for families,” said EPA Administrator Michael S. Regan in a statement.

But Virginia Trucking Association President and CEO Dale Bennett said his group has some concerns about the faster pace the new rules would set for the transition to electric vehicles.

The trucking association expects that under the new rules, fleets will become 100% electric by 2055, given the roughly 30-year lifespan of a heavy truck.

With the trucking association counting about 45,870 heavy truck and tractor-trailer drivers in Virginia in 2021, Bennett said more rapid electrification of the fleet will require significant buildout of the electric grid.

He also voiced concerns about charge times, which can take about two hours to power a truck to travel about 200 miles, compared to about 15 minutes to fill up a truck with diesel to cover 1,200 miles; battery weight; and cost. While a new diesel truck can cost about $180,000, typical electric trucks go for $400,000, he said.

“We need to go at the speed of right, not at the speed of light,” said Bennett.

Trip Pollard, a senior attorney with the Southern Environmental Law Center, however, said the stricter standards will improve Virginia’s air quality. He pointed to recent research from the Union of Concerned Scientists estimating exposures to particulate matter from tailpipe emissions, which has been estimated to be responsible for about 95% of the global public health impacts from air pollution.

“EPA’s proposed federal heavy duty vehicle emissions standard will help to clean Virginia’s air — improving our health and our environment,” Pollard said by email.

California has more stringent regulations for heavy trucks, but Virginia hasn’t adopted those, Pollard noted. And while he acknowledged truckers will see an increase in upfront costs for vehicles, he said they can be recouped in three to seven years through savings on gas and maintenance.

If finalized, the rules will be implemented by heavy-truck manufacturers, including Volvo’s New River Valley plant in Dublin, Virginia, and its Mack Trucks facility just outside Roanoke.

Dawn Fenton, vice president of government relations and public affairs at Volvo Group North America, said the company supports the transition to zero-emission vehicles and has committed to 100% of its products being fossil free by 2040. Because the Dublin plant makes both electric and diesel heavy truck engines, the facility will be able to continue producing vehicles while adjusting to a faster transition, Fenton said.

“We see that we’re moving toward a zero-emission vehicle future,” Fenton said. “Our biggest concern is by far the question about the availability of charging infrastructure to be able to enable fleets to be able to adopt them.”

Fenton said “a lot” of Volvo’s current electric truck sales are happening in California, which has stricter heavy-truck emissions regulations and has also created incentives for charging infrastructure buildout and electric vehicle purchases.

In Virginia, House Republicans this past session for the second time killed legislation from Del. Rip Sullivan, D-Arlington, to create a fund that would provide money for rural infrastructure development. The General Assembly has also repeatedly blocked proposals for state rebates for electric vehicle purchases in Virginia, although incentives are available from the federal level through the Inflation Reduction Act.

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We need your help. RVAHub is a small, independent publication, and we depend on our readers to help us provide a vital community service. If you enjoy our content, would you consider a donation as small as $5? We would be immensely grateful! Interested in advertising your business, organization, or event? Get the details here.

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