Jason S. Miyares
Attorney General of Virginia

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2023 Official Opinions

Official opinions will be posted as they are issued, generally within 24 to 48 hours. Please check this page at regular intervals to determine whether additional opinions have been issued.

May

Opinion #	Requestor	Summary
23-023	The Honorable Kathy J. Byron, Member, House of Delegates	An electoral board is not required to reappoint an incumbent general registrar upon the expiration of his or her four-year term; however, the decision to replace the registrar must not be based on political affiliation or other impermissible grounds. In addition, the process by which an electoral board seeks to appoint a new general registrar must be objective and apolitical.

23-010	The Honorable Helen E. Phillips, Esq.	Highway entrances associated with family subdivisions are subject to VDOT’s Access Management Design Standards for Entrances and Intersections. Any modification to these standards would require action by the Commissioner of Highways in compliance with applicable law.

April

Opinion #	Requestor	Summary
23-012	The Honorable J. Chris Plaster, Tazewell County Commonwealth's Attorney	As described in the scenario presented, the practice of a business "gifting” marijuana to customers contemporaneously with, or contingent upon, the sale of merchandise constitutes the illegal distribution of marijuana in violation of § 18.2-248.1.

February

Opinion #	Requestor	Summary
22-066	The Honorable Dan Helmer, Member, House of Delegates	Because the term "disciplinary action,” as used in § 23.1-808, includes mandatory drug or alcohol counseling or courses assigned to a student by a college or university due to the student's drug or alcohol use, an institution of higher education is barred from requiring a student to participate in a substance abuse class or treatment program when the student discloses such use while making a good faith report of an act of sexual violence.

January

Opinion #	Requestor	Summary
22-036	Kemper M. Beasley III, Esquire, Attorney for Cumberland County	In defined circumstances, the offering of short-term rental accommodations on a farm or ranch falls within the definition of "agritourism activity” for purposes of § 15.2-2288.6, such that a locality is prohibited from regulating such use of the property through its zoning ordinances.

22-041	The Honorable James A. "Jay” Leftwich, Member, House of Delegates	Slotting fees paid by a soft-drink producer to a retailer to directly or indirectly influence the retailer violate federal "tied house” laws when they directly affect the shelf space of the producer's alcoholic or "hard” soda to the exclusion, in whole or in part, of competitors; however, whether any particular payment of slotting fees would constitute a violation is a factual determination beyond the scope of an opinion of this Office.

22-048	The Honorable Donald L. Smith, Sheriff, Augusta County	Answer to an inquiry regarding the scope of a sheriff's authority under current law with respect to the custody of individuals subject to involuntary commitment orders.

22-061	The Honorable Chan R. Bryant, Sheriff, Albemarle County	Answers to inquiries regarding the scope of a sheriff's authority under current law with respect to the custody of individuals subject to temporary detention orders.

22-046	The Honorable James A. "Jay” Leftwich, Member, House of Delegates	Because Virginia law currently limits local authority to regulate the use of privately-owned drones to the regulation of takeoffs and landings of such aircraft on property owned by political subdivisions, a locality may not adopt zoning regulations that prohibit the takeoff and landing of privately-owned drones on private property, nor subject the activity to conditional or special use permit requirements.