Title
Ordinance to Amend And Re-Enact Chapter 3 Of The Zoning Ordinance Of The City Of Hampton, Virginia By Amending Section 3-2 Entitled “Uses Permitted” to Add a Category of Pharmaceutical Processor to the Table of Uses Permitted
Purpose
Background Statement:
Over the last few years, the Virginia General Assembly has passed several bills related to pharmaceutical processors. Section 54.1-3442.5 of the Code of Virginia defines a pharmaceutical processor as “a facility that (i) has obtained a permit from the Board of Pharmacy pursuant to § 54.1-3408.3 of the Code of Virginia and (ii) cultivates cannabis plants intended only for the production of cannabidiol oil or THC-A oil, produces cannabidiol oil or THC-A oil, and dispenses cannabidiol oil or THC-A oil to a registered patient or, if such patient is minor or an incapacitated adult as defined in § 18.2-369 Code of Virginia, such patient’s parent or legal guardian.” During the 2018 General Assembly session, the Commonwealth of Virginia expanded the types of conditions that may be treated with cannabis oil to include any diagnosed disease or condition determined by a physician to benefit from such use. Previously, cannabis oil could only be used to treat intractable epilepsy. Physicians are now authorized to issue written certifications to patients who meet that criteria, who may then use the oil.
In April of 2018, the Virginia Board of Pharmacy issued a Request for Applications (RFA) to operate one pharmaceutical processor in each of the five (5) health districts in the state. Hampton is included in a health district with twenty-four other localities in the region. There are many criteria that applicants will be scored on through the RFA, including confirmation the proposed site is at least 1,000 ft. from a school or day care, security and disposal plans, and employee and attending physician requirements.
After several inquiries as to where pharmaceutical processors could legally be located in Hampton, the...
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