Lawmakers in both houses of Virginia’s state legislature last week passed a bill to regulate
products containing THC. Under the legislation, House Bill 2294, companies producing or marketing hemp products would be required to obtain a permit from the government and comply with tightened restrictions including packaging and labeling standards.The bill, which was introduced by House of Delegates Republican majority leader Terry Kilgore and has the support of Republican Gov. Glenn Youngkin, was approved by lawmakers in the
House on February 24 by a vote of 85-9. The legislation requires all businesses selling “an industrial hemp extract or food containing an industrial hemp extract,” to have a permit from the state.Under the bill, regulated hemp products would be required to have no more than 0.3%
and no more than two milligrams of THC per package. Proponents of the legislation say the measure will help protect consumers from intoxicating products made from hemp, including those containing the cannabinoid Delta-8 THC, which is legal under federal law according to a court decision handed down last year.“I think this will go a long way in making sure that our communities are safe and that folks are buying what they purport to buy,”
before lawmakers voted to approve the measure last week.The bill also includes labeling provisions that require the percentage and total milligrams of THC to be displayed on product packaging. Additionally, the legislation prohibits hemp products from being marketed as a cure or treatment for any disease. Violations of the bill would be subject to fines of up to $10,000 per day.
“Consumers deserve to know that what’s on the label is what’s actually in the product,” said JM Pedini, executive director of cannabis policy reform group Virginia NORML. “These bills will provide that transparency.”
Virginia Senate Also Approves Hemp Bill
The Virginia state Senate also approved House Bill 2294 last week, although with less enthusiastic support. Senators voted 23-17 to pass the measure, which now heads to Youngkin, who is expected to approve the measure.
The bill was opposed by some Senate Democrats, who say the measure complicates efforts to regulate recreational marijuana, which was legalized by the state legislature last year. Currently, possession of cannabis and
of up to four plants is legal for adults aged 21 and older. But creating a regulated adult-use cannabis industry will require further legislative action from state lawmakers, a move that Youngkin has so far failed to support.Democratic Sen. Scott Surovell said that the hemp bill will create an unwieldy regulatory system for cannabis and hemp in Virginia, noting that the measure divides regulatory authority between the Virginia Department of Agriculture and Consumer Services and the new Virginia Cannabis Control Authority.
“This is a first step toward a complete mess,” Surovell said after the bill passed the Senate 23-17. “And the reason we’re doing this is because somebody upstairs doesn’t want to talk about it.”
The legislation is opposed by businesses in Virginia’s
, who criticize the bill as an overbroad attempt to regulate the industry by lawmakers who do not understand hemp and cannabis. Greg Habeeb, a lobbyist for the Virginia Cannabis Association, said the “arbitrary” restriction limiting products to two milligrams of THC per package could gut the industry despite having “no connection to intoxication.” Popular cannabis edibles often contain five to 20 milligrams per serving.“Rather than a thoughtful narrow approach to try to address a specific public safety concern, what this [bill] is likely to do is cause most hemp businesses in Virginia to simply leave the state or close the doors,” Habeeb said.
Democratic House minority leader Don Scott said he would “begrudgingly” vote for the legislation. But he added that he is unsure if the regulatory framework established by the bill would be effective.
“We’ll be watching,” Scott said. “And I think that’s why God created the next session. If it doesn’t work correctly, we’re going to have to put it where it belongs.”