Virginia Attorney General Opinions
Free plain-English summaries of attorney general opinions issued in Virginia, with full citations and the original source on every page.
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Can the Virginia Cannabis Control Authority require medical cannabis certifications to be electronic only, or do qualified practitioners still have to be allowed to issue paper certifications?
Paper certifications must still be allowed. Attorney General Miyares concluded that the Cannabis Control Authority cannot adopt a digital-only policy because Virginia's general definition of 'written'…
When a Virginia locality has part-time and temporary employees working for a constitutional officer (sheriff, Commonwealth's attorney, commissioner of revenue, court clerk), does the locality have to give them the vacation, sick leave, and legal-holiday benefits that § 15.2-1605 requires for 'employees'?
Part-time employees: yes. Temporary employees: no. The AG read § 15.2-1605 to cover permanent full-time and part-time employees of constitutional officers, but not seasonal or short-term temporary wor…
Does a Virginia pharmacist have to offer counseling when the same medication is reissued with a new date?
Yes. A subsequent prescription for the same medication, same dose, same directions, and same formulation but with a new date counts as a 'new prescription' under § 54.1-3319, and the pharmacist must o…
Are Virginia's community policy management teams and family assessment teams required to include a parent representative?
Yes. The word 'shall' in Virginia Code §§ 2.2-5205 and 2.2-5207 makes a parent representative a mandatory member of every community policy and management team (CPMT) and family assessment and planning…
Does Virginia's International Trade Corporation legally exist, and can the Governor appoint its board even though it has no funding?
Yes, but no practical point. The AG concluded that the Virginia International Trade Corporation has had legal existence since December 1, 2016 and the Governor has statutory authority to appoint its B…
Must a Virginia local electoral board post draft minutes online, or only finalized minutes?
Both. The AG concluded that § 24.2-107, as amended by 2016 Senate Bill 89, requires local electoral boards to post on an official website both draft and final minutes. The cross-reference to § 2.2-370…
Does Virginia's $1 open-space recordation fee on 'deeds' apply to deeds of trust and leases?
Yes. The AG concluded that 'deed' in § 58.1-817 carries its established legal meaning, any signed, sealed, and delivered instrument conveying some interest in property. Deeds of trust and leases both …
Does Virginia's war-monument protection statute also cover markers placed to highlight a historic building?
No. The AG concluded that § 15.2-1812's anti-removal protection reached only monuments to wars, conflicts, and war veterans. A marker installed to commemorate a building's historical significance fell…
Does Virginia's 2013 drone moratorium stop a sheriff from flying a single camera-equipped quad copter under a search warrant?
Yes. The opinion concluded that the 2013 General Assembly's Chapter 755 moratorium, which barred state and local law enforcement from using an 'unmanned aircraft system' before July 1, 2015, covered e…
Are Virginia campaign finance regulations exempt from the normal Administrative Process Act notice-and-comment process as part of 'the conduct of elections'?
No. The opinion concluded that regulations implementing the Campaign Finance Disclosure Act (Va. Code Ch. 9.3) and the related campaign-fundraising and political-advertisement chapters (Chs. 9.4 and 9…
Can a Virginia locality charge more than $50 to license a kennel with hundreds of dogs?
Yes, with a per-block cap. The AG concluded that § 3.2-6528 let a Virginia locality charge a kennel establishment with multiple kennel blocks more than $50 in total license taxes, but no more than $50…
Can the Virginia Port Authority hire a paid lobbyist to represent its interests in Washington, D.C.?
Yes. Va. Code § 2.2-434 prohibits state officers, boards, institutions, and agencies from employing compensated 'lobbyists.' But the defined terms in Va. Code § 2.2-419 limit 'lobbyist,' 'lobbying,' '…
Does a Virginia concealed handgun permit require a firearms training course taught by a Virginia-certified instructor, or does any state's certification count?
Any state. The phrase 'state-certified' in Va. Code § 18.2-308(G)(7) and (P1)(7) refers to a firearms instructor certified by any state in the United States, not just by Virginia. The statute does not…
Can a Virginia car-title lender disburse loan proceeds by crediting the borrower's bank account through a debit card or electronic funds transfer?
No. Section 6.2-2215(7) allows disbursement by cash, business check, or debit card, with a no-fee condition on the debit card option. The no-fee condition only makes sense if the 'debit card' is a pre…
Is fish farming or oyster aquaculture covered by Virginia's Right to Farm Act protections?
No. The AG concluded that aquaculture (fish farming, oyster cultivation, and similar aquatic-organism operations) did not qualify as an 'agricultural operation' under Virginia's Right to Farm Act, bec…
When a Virginia clerk receives a letter between opposing lawyers that's been filed in the court file, does it count as a 'proceeding' that keeps a dormant lawsuit alive?
Not by itself. The AG concluded that filing a letter between counsel is not a 'proceeding' under § 8.01-335. But if the letter's contents show that other proceedings (like a deposition notice) are und…
Can someone get charged in Virginia for reckless paddleboarding?
Yes. The AG concluded that paddleboards are 'similar devices' to surfboards under Va. Code § 29.1-738, so reckless use that endangers another person's life, limb, or property is a violation of the sta…
When does Virginia's reckless driving law prohibit passing two cars at once on a two-lane road?
Section 46.2-856 bars passing two vehicles traveling side by side in two different lanes moving the same direction. It does not apply on highways with three or more lanes each way, or on one-way stree…
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Attorney general opinions in Virginia are written by the Virginia Attorney General's office in response to questions from state agencies, legislators, and prosecutors. They are not binding like court decisions, but courts and agencies treat them as persuasive guidance on how state law applies. Every opinion above has a plain-English question and short answer, plus a link to the full original text.