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Is Ketamine Legal in Virginia?

Written by Deborah Tan, Avesta Ketamine Wellness Co-CEO

In this post:

Ketamine is legal in Virginia when prescribed by a licensed clinician. Virginia and the federal government classify ketamine as a Schedule III controlled substance, meaning it has a potential for abuse but also accepted medical uses. This classification means ketamine is legal in Virginia for surgical procedures, chronic pain, and mental health conditions like treatment-resistant depression. However, ketamine is 100% illegal for recreational use. 

This article delves into ketamine’s legal status in Virginia, exploring its medical applications, recreational restrictions, and the regulatory framework governing its use.

Ketamine’s Therapeutic Potential

IV ketamine infusion at Avesta

Ketamine, initially developed as an anesthetic in the 1960s, has since revealed remarkable therapeutic properties. Its rapid-acting nature, unlike traditional antidepressants that take weeks to show effect, makes it a valuable tool for managing various mental health conditions:

  • Chronic pain: Ketamine is known for its analgesic properties and is used to treat chronic pain syndromes, especially those that are refractory to other medications. It works by blocking certain pain receptors in the nervous system. Patients with chronic pain conditions like neuropathic pain have reported significant relief from ketamine infusions.
  • Post-Traumatic Stress Disorder (PTSD): Early studies indicate that ketamine may be effective in treating PTSD by disrupting the formation of negative thought patterns and memories. In a 2008 study, researchers found that soldiers treated with ketamine for burn injuries had a lower prevalence of PTSD (27%) compared to those not receiving ketamine (46%). This was despite the fact that the ketamine group had more severe injuries and longer ICU stays. Several non-military clinical studies, case reports, and randomized trials report similar benefits of ketamine treatment for PTSD
  • Suicidal Thoughts: One of ketamine’s most promising applications is in rapidly reducing suicidal ideation. Its quick action on the brain’s neurotransmitters can sometimes provide almost immediate relief. Emergency departments have begun to use ketamine as a fast-acting intervention for patients experiencing acute suicidal thoughts, with many reporting a significant decrease post-treatment.

Legally Prescribed: Ketamine’s Medical Use in Virginia

legal ketamine uses in virginia infographic

Medically prescribed and administered ketamine is legal in Virginia for FDA-approved and off-label uses. 

FDA-approved uses: 

  • The FDA originally approved ketamine as an anesthetic for certain procedures. It is commonly used in surgeries for both humans and animals due to its ability to induce a trance-like state while providing pain relief and sedation. Ketamine also has a high safety profile compared to other anesthetic drugs. 
  • The FDA has also approved the use of esketamine, a form of ketamine, as a nasal spray in conjunction with oral antidepressants for treatment-resistant depression. This approval is specific to Spravato (esketamine) nasal spray and comes with restrictions due to concerns about sedation, dissociation, abuse, and misuse. The drug must be administered in a certified medical office where patients can be monitored by healthcare providers.

Off-label uses: 

  • Clinicians can prescribe ketamine for conditions not yet approved by the FDA, such as depression, anxiety, and PTSD. This practice is legal if the provider adheres to ethical and professional guidelines.

Off-label medical ketamine use in Virginia is saving lives. Since COVID-19, Virginia’s mental health crisis has worsened while its provider network has diminished. Ketamine therapy administered by licensed clinicians offers hope for patients who struggle to find accessible and effective care. 

Are Ketamine Clinics Legal in Virginia?

avesta ketamine clinic lobby

Yes, ketamine clinics are legal in Virginia as long as the providers who run the centers and dispense the ketamine have a DEA registration to handle controlled substances. Ketamine clinicians must also adhere to the Virginia Board of Medicine’s guidelines regarding proper medical practices and the use of scheduled narcotics

Ketamine clinics in Virginia must typically comply with state-specific operational prerequisites, such as:

  • Possessing licenses issued by the state medical board
  • Adhering to regulations set by the Occupational Safety and Health Administration
  • Securing appropriate insurance policies
  • Implementing secure storage for controlled substances, potentially necessitating an additional license.

Beyond complying with state rules, reputable clinics like Avesta’s McLean, VA location, adhere to best practices for ketamine safety. They also follow research-backed protocols to ensure patients receive the effective healing they need. 

Ketamine Infusions in Bethesda, MD, McLean, VA and Washington, DC

Recreational Ketamine Use in Virginia

Possessing or distributing ketamine without a valid prescription is illegal in Virginia and can result in felony charges. Illegal activity includes:

  • Obtaining ketamine illegally through illicit sources.
  • Sharing or selling ketamine obtained through a prescription.
  • Using ketamine for recreational purposes, such as experiencing its hallucinogenic effects.

Penalties for obtaining or selling black-market ketamine are less severe than for Schedule I drugs. However, possession of Schedule III controlled substances is still a misdemeanor with serious consequences. Virginians who possess ketamine for recreational use can face up to a year in prison and pay a fine of up to $2,500.

Balancing Ketamine Safety & Legality

avesta ketamine patient virginia

Striking a balance between facilitating safe access to a life-saving treatment and preventing misuse remains a crucial challenge in Virginia.

Ketamine’s potential for abuse and the risk of lethal overdoses, especially when combined with other controlled substances, cannot be overstated. Tragic instances like Matthew Perry’s death underscore the dangers of unsupervised use of high anesthetic ketamine doses combined with prescriptions, like opioids. 

In clinical settings, healthcare providers mitigate these risks by thoroughly assessing patient suitability for ketamine therapy and monitoring its administration closely. This oversight ensures the drug is used safely, targeting specific mental health conditions while minimizing the chance of adverse reactions or interactions with other medications.

Further enhancing safety, Avesta’s ketamine clinics follow strict protocols. These include dosage control and monitoring for side effects, particularly when patients take other medications or have a substance abuse history. In substance abuse cases, the team only conducts in-office ketamine sessions and does not prescribe at-home sprays or lozenges.

Additionally, patient education about ketamine misuse is a vital component of therapy. Clinicians must help patients understand these risks, reinforcing responsible and effective medical ketamine use.

Bottom Line: Virginians Can Safely and Legally Access Ketamine Therapy

ketamine nasal spray

Virginia patients can legally access ketamine from licensed providers. Ketamine’s medical applications include surgical procedures, chronic pain management, treatment-resistant depression, PTSD, anxiety and suicidality. Ketamine clinics in Virginia are lawful, provided they adhere to operational requirements like possessing state medical board licenses and complying with DEA regulations. 

Ketamine’s potential, particularly for mental health conditions, is significant. However, Virginians must distinguish between legal medical applications and illegal recreational use. Unlawful possession or distribution of ketamine can lead to jail time and fines. 

Avesta’s primary goal is to ensure safe, healing ketamine access in Virginia while preventing misuse.  Contact Avesta today to learn about its stringent safety standards and life-saving ketamine protocols. 

IV Ketamine infusions for depression anxiety ptsd chronic pain fibromyalgia CRPS Bethesda MD McLean VA Washington DC

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