Code of Virginia
Chapter 34 - Drug Control Act
§ 54.1-3443. Board to administer article

A. The Board shall administer this article and may add substances to or deschedule or reschedule all substances enumerated in the schedules in this article pursuant to the procedures of the Administrative Process Act (§ 2.2-4000 et seq.). In making a determination regarding a substance, the Board shall consider the following:
1. The actual or relative potential for abuse;
2. The scientific evidence of its pharmacological effect, if known;
3. The state of current scientific knowledge regarding the substance;
4. The history and current pattern of abuse;
5. The scope, duration, and significance of abuse;
6. The risk to the public health;
7. The potential of the substance to produce psychic or physical dependence; and
8. Whether the substance is an immediate precursor of a substance already controlled under this article.
B. After considering the factors enumerated in subsection A, the Board shall make findings and issue a regulation controlling the substance if it finds the substance has a potential for abuse.
C. If the Board designates a substance as an immediate precursor, substances which are precursors of the controlled precursor shall not be subject to control solely because they are precursors of the controlled precursor.
D. If the Board, in consultation with the Department of Forensic Science, determines the substance shall be placed into Schedule I or II pursuant to § 54.1-3445 or 54.1-3447, the Board may amend its regulations pursuant to Article 2 (§ 2.2-4006 et seq.) of the Administrative Process Act. Prior to making such amendments, the Board shall conduct a public hearing. At least 30 days prior to conducting such hearing, it shall post notice of the hearing on the Virginia Regulatory Town Hall and shall send notice of the hearing to any persons requesting to be notified of a regulatory action. In the notice, the Board shall include a list of all substances it intends to schedule by regulation. The Board shall notify the House Committee for Courts of Justice and the Senate Committee on the Judiciary of any new substance added to Schedule I or II pursuant to this subsection. Any substance added to Schedule I or II pursuant to this subsection shall remain on Schedule I or II for a period of 18 months. Upon expiration of such 18-month period, such substance shall be descheduled unless a general law is enacted adding such substance to Schedule I or II. Nothing in this subsection shall preclude the Board from adding substances to or descheduling or rescheduling all substances enumerated in the schedules pursuant to the provisions of subsections A, B, and E.
E. If any substance is designated, rescheduled, or descheduled as a controlled substance under federal law and notice of such action is given to the Board, the Board may similarly control the substance under this chapter after the expiration of 30 days from publication in the Federal Register of a final or interim final order or rule designating a substance as a controlled substance or rescheduling or descheduling a substance by amending its regulations in accordance with the requirements of Article 2 (§ 2.2-4006 et seq.) of the Administrative Process Act. Prior to making such amendments, the Board shall post notice of the hearing on the Virginia Regulatory Town Hall and shall send notice of the hearing to any persons requesting to be notified of a regulatory action. The Board shall include a list of all substances it intends to schedule by regulation in such notice.
F. Authority to control under this section does not extend to distilled spirits, wine, malt beverages, or tobacco as those terms are defined or used in Title 4.1.
G. The Board shall exempt any nonnarcotic substance from a schedule if such substance may, under the provisions of the federal Food, Drug, and Cosmetic Act (21 U.S.C. § 301 et seq.) or state law, be lawfully sold over the counter without a prescription.
1972, c. 798, § 54-524.84:1; 1976, c. 614; 1988, c. 765; 1993, c. 866; 1996, c. 408; 2014, cc. 674, 719; 2017, cc. 416, 432.

Structure Code of Virginia

Code of Virginia

Title 54.1 - Professions and Occupations

Chapter 34 - Drug Control Act

§ 54.1-3400. Citation

§ 54.1-3401. Definitions

§ 54.1-3401.1. Repealed

§ 54.1-3402. Repealed

§ 54.1-3403. Chapter not applicable to economic poisons

§ 54.1-3404. Inventories of controlled substances required of certain persons; contents and form of record

§ 54.1-3405. Access to and copies of records; inspections

§ 54.1-3406. Records confidential; disclosure of information about violations of federal law

§ 54.1-3407. Analysis of controlled substances

§ 54.1-3408. Professional use by practitioners

§ 54.1-3408.01. Requirements for prescriptions

§ 54.1-3408.02. Transmission of prescriptions

§ 54.1-3408.03. Dispensing of therapeutically equivalent drug product permitted

§ 54.1-3408.04. Dispensing of interchangeable biosimilars permitted

§ 54.1-3408.05. Use of FDA-approved substance upon publication of final rule

§ 54.1-3408.1. Prescription in excess of recommended dosage in certain cases

§ 54.1-3408.2. Failure to report administration or dispensing of or prescription for controlled substances; report required; penalty

§ 54.1-3408.3. Certification for use of cannabis oil for treatment

§ 54.1-3408.4. Expired

§ 54.1-3408.5. Epinephrine required in certain public places

§ 54.1-3409. Professional use by veterinarians

§ 54.1-3410. When pharmacist may sell and dispense drugs

§ 54.1-3410.1. Requirements for radiopharmaceuticals

§ 54.1-3410.2. Compounding; pharmacists' authority to compound under certain conditions; labeling and record maintenance requirements

§ 54.1-3411. When prescriptions may be refilled

§ 54.1-3411.1. Prohibition on returns, exchanges, or re-dispensing of drugs; exceptions

§ 54.1-3411.2. Prescription drug disposal programs

§ 54.1-3411.2:1. Guidelines for disposal of unused drugs

§ 54.1-3412. Date of dispensing; initials of pharmacist; automated data processing system

§ 54.1-3413. Manufacturing and administering Schedule I drugs

§ 54.1-3414. Official orders for Schedule II drugs

§ 54.1-3415. Distribution of drugs in Schedules II through VI by manufacturers and wholesalers

§ 54.1-3415.1. Delivery of medical devices on behalf of a medical equipment supplier

§ 54.1-3416. No prescription for preparations listed pursuant to Schedule V

§ 54.1-3417. Disposing of stocks of Schedules II through V drugs

§ 54.1-3418. Sale of aqueous or oleaginous solutions

§ 54.1-3419. Dispensing of insulin preparations

§ 54.1-3420. Distribution of certain drugs; written request or confirmation of receipt

§ 54.1-3420.1. Identification required for filling prescriptions

§ 54.1-3420.2. Delivery of prescription drug order

§ 54.1-3421. New drugs

§ 54.1-3422. Controlled substances registration certificate required in addition to other requirements; exemptions

§ 54.1-3423. Board to issue registration unless inconsistent with public interest; authorization to conduct research; application and fees

§ 54.1-3424. Suspension or revocation of registration, license or permit; limitation to particular controlled substance; controlled substances placed under seal; sale of perishables and forfeiture; notification to DEA

§ 54.1-3425. Repealed

§ 54.1-3426. Regulations for special packaging

§ 54.1-3427. Dispensing drugs without safety closure container

§ 54.1-3428. Dissemination of information

§ 54.1-3429. Revocation of permit issued to manufacturer, wholesaler or distributor

§ 54.1-3430. Display of permit; permits nontransferable; renewal

§ 54.1-3431. Admission into evidence of certain certificates of analysis

§ 54.1-3432. Supervision by pharmacist

§ 54.1-3433. Certain advertising and signs unlawful

§ 54.1-3434. Permit to conduct pharmacy

§ 54.1-3434.01. Notice of pharmacy closing; change of ownership; penalty

§ 54.1-3434.02. Automated drug dispensing systems

§ 54.1-3434.03. Continuous quality improvement program

§ 54.1-3434.04. Automatic review of certain case decisions

§ 54.1-3434.05. Permit to act as an outsourcing facility

§ 54.1-3434.1. Nonresident pharmacies to register with Board

§ 54.1-3434.2. Permit to be issued

§ 54.1-3434.3. Denial, revocation, suspension of registration, summary proceedings

§ 54.1-3434.4. Prohibited acts

§ 54.1-3434.5. Nonresident outsourcing facilities to register with the Board

§ 54.1-3435. License to act as wholesale distributor; renewal; fee

§ 54.1-3435.01. Registration of nonresident wholesale distributors; renewal; fee

§ 54.1-3435.02. Certain permitted pharmacies and medical equipment suppliers exempted

§ 54.1-3435.1. Denial, revocation, and suspension of license, permit, or registration of certain entities

§ 54.1-3435.2. Permit to act as medical equipment supplier; storage; limitation; regulations

§ 54.1-3435.3. Inspection and audit

§ 54.1-3435.3:1. Registration of nonresident medical equipment suppliers; renewal; fee

§ 54.1-3435.4. Permit to act as warehouser; regulations

§ 54.1-3435.4:01. Registration to act as a nonresident warehouser; regulations

§ 54.1-3435.4:1. Permitting of third-party logistics provider; renewal

§ 54.1-3435.4:2. Registration of nonresident third-party logistics provider; renewal

§ 54.1-3435.5. Repealed

§ 54.1-3436. Repealed

§ 54.1-3436.1. Prescription drug price transparency

§ 54.1-3437. Permit to manufacture drugs

§ 54.1-3437.1. Limited permit for repackaging drugs

§ 54.1-3438. Manufacturing, etc., of drugs or proprietary medicines, to be supervised by pharmacist

§ 54.1-3439. Application for nonrestricted manufacturing permit; fee

§ 54.1-3440. Persons to whom nonrestricted permit is granted

§ 54.1-3441. Restricted manufacturing permit; application; fee; separate application and permit for each place of manufacturing

§ 54.1-3442. When permit not to be granted; regulations

§ 54.1-3442.01. Registration of nonresident manufacturer; renewal

§ 54.1-3442.02. Prescription drug price transparency

§ 54.1-3442.1. Definitions

§ 54.1-3442.2. Eligibility for expanded access to investigational drugs, biological products, and devices; written, informed consent to treatment

§ 54.1-3442.3. Expanded access to investigational drugs, biological products, or devices; cost; insurance coverage

§ 54.1-3442.4. Limitation of liability

§ 54.1-3442.5. Definitions

§ 54.1-3442.6. Permit to operate pharmaceutical processor or cannabis dispensing facility

§ 54.1-3442.7. Dispensing cannabis products; report

§ 54.1-3442.8. Criminal liability; exceptions

§ 54.1-3443. Board to administer article

§ 54.1-3444. Controlled substances included by whatever name designated

§ 54.1-3445. Placement of substance in Schedule I

§ 54.1-3446. Schedule I

§ 54.1-3447. Placement of substance in Schedule II

§ 54.1-3448. Schedule II

§ 54.1-3449. Placement of substance in Schedule III

§ 54.1-3450. Schedule III

§ 54.1-3451. Placement of substance in Schedule IV

§ 54.1-3452. Schedule IV

§ 54.1-3453. Placement of substance in Schedule V

§ 54.1-3454. Schedule V

§ 54.1-3455. Schedule VI

§ 54.1-3456. Controlled substance analog

§ 54.1-3456.1. Drugs of concern

§ 54.1-3457. Prohibited acts

§ 54.1-3458. Violations

§ 54.1-3459. Tagging of adulterated or misbranded drugs, devices, or cosmetics; condemnation; destruction; expenses

§ 54.1-3460. Poisonous or deleterious substance, or color additive

§ 54.1-3461. Adulterated drug or device

§ 54.1-3462. Misbranded drug or device

§ 54.1-3463. Exemption of drugs dispensed by filling or refilling prescription

§ 54.1-3464. Adulterated cosmetics

§ 54.1-3465. Misbranded cosmetics

§ 54.1-3466. Possession or distribution of controlled paraphernalia; definition of controlled paraphernalia; evidence; exceptions

§ 54.1-3467. Distribution of hypodermic needles or syringes, gelatin capsules, quinine or any of its salts

§ 54.1-3468. Conditions to dispensing device, item, or substance; records

§ 54.1-3469. Storage, usage, and disposition of controlled paraphernalia

§ 54.1-3470. Obtaining controlled paraphernalia by fraud, etc.

§ 54.1-3471. Issuance of permits to certain persons other than registered pharmacists

§ 54.1-3472. Article inapplicable to certain persons