Richmond, VA
After lengthy debates and discussions, both chambers of the Virginia General Assembly have finally agreed to Gov. Glenn Youngkin’s Virginia hemp bill amendments. HB 2294 and SB 903 are a pair of bills aimed at limiting the amount of THC that can be available in hemp products. In this blog post, we’ll dive deeper into what the revisions mean and how they impact the hemp industry in Virginia.
What are the Virginia Hemp Bill changes proposed by Youngkin’s office?
Youngkin’s virginia Hemp bill changes aim to ensure the continued availability of certain therapeutic CBD products while strengthening the bill’s efforts to clear store shelves of products containing intoxicants like Delta-8 THC. The original bill aimed to ban intoxicating products by capping the total amount of THC at 2 milligrams per package and 0.3% total THC. It also required topical hemp products to have a bittering agent to deter consumption.
Youngkin’s substitute would remove the bittering agent requirement and allow the 2-milligram THC cap to be exceeded if a product meets a 25:1 CBD to THC ratio. It would also require retailers to register with the state enforcement agency to sell any consumable hemp-derived product.
CBD and Therapeutic Benefits
After hearing from families whose children rely on both THC and CBD products to treat epilepsy, lawmakers and the governor took note of their concerns that the original versions of the bills passed by the General Assembly could restrict access to these products.
One of the parents pushing for Youngkin’s changes was Lisa Smith, whose 23-year-old daughter has a life-threatening form of epilepsy. Smith said her daughter’s quality of life improved tremendously from taking a CBD oil purchased from a Colorado-based company. However, after the company warned it wouldn’t be able to ship her the product if the bill were signed, Smith reached out to her representatives, House Speaker Todd Gilbert, and Youngkin’s office and his wife, whom she met at a campaign event. The governor’s office called to hear her concerns.
Smith said the bottle she orders for her daughter has 216 milligrams of THC – which would run afoul of the original Virginia hemp bill – but so much CBD that there would be no mind-altering effects from drinking the whole thing. “I’m glad we were heard and it wasn’t just signed,” said Smith, who was reassured by the company that her daughter’s product will be available under the amended legislation.
However, Sarah O’Hanlon, the mother of another child with epilepsy who has benefited from CBD therapeutics, said families like hers will “absolutely” be impacted in getting access to needed products, even under the amended version.
How will the Virginia Hemp Bill impact the VA hemp industry?
The Virginia hemp industry has been closely following the developments around the bill, and hemp trade associations have warned that it could harm the industry. But supporters of the measure said regulated hemp products would bolster consumer safety, as the products – sometimes sold in misleading packaging – have had adverse effects on unsuspecting kids and adults.
The changes to the Virginia hemp bill will impact the hemp industry in Virginia in a few ways. First, the changes will allow the continued availability of certain therapeutic CBD products, which is good news for patients who rely on these products to manage medical conditions. The original bill’s strict THC limits would have made it difficult for some products to remain on the market.
On the other hand, the revised virginia hemp law restricts the sale of products with Delta-8 THC, which have soared in popularity nationwide. This will impact retailers who stock these products and the manufacturers who produce them. Hemp trade associations have expressed concerns that the revised bill could harm the industry, but it remains to be seen how significant the impact will be.
What exactly is Delta-8 THC?
Delta-8 THC is a compound that occurs naturally in the cannabis plant. It is chemically similar to delta-9 THC, the compound that causes the euphoric “high” associated with marijuana use. However, delta-8 THC is less potent than delta-9 THC and is found in much lower concentrations in the plant. In recent years, delta-8 THC has become increasingly popular as a standalone product that can be extracted from hemp and sold in various forms, including edibles, vape cartridges, and tinctures. While delta-8 THC is legal under federal law, its legal status varies by state, and it remains a source of controversy in the cannabis and hemp industries.
Brief history of Virginia CBD and marijuana legislation
In 2015, Virginia passed a law allowing the use of CBD oil for medical purposes, specifically for patients with intractable epilepsy. The law, known as HB 1445, allowed for the possession and use of CBD oil that contained at least 15% CBD and no more than 5% THC. This was a major milestone for medical marijuana advocates in the state.
In 2018, Virginia passed a more expansive CBD law, known as SB 726. The law allowed for the use of CBD oil for any medical condition, as long as it was recommended by a doctor. This allowed many more Virginians to access CBD oil for their medical needs.
In 2021, Virginia passed a law legalizing recreational marijuana. The law allows adults over the age of 21 to possess up to one ounce of marijuana and to grow up to four plants per household for personal use. However, the law will not take effect until 2024, and it remains to be seen how it will be implemented in practice.
Learn more about Virginia cannabis legislation
Is CBD regulated federally?
CBD is regulated by the federal government as a Schedule I substance under the Controlled Substances Act (CSA). However, in 2018, the federal government passed the Agriculture Improvement Act, commonly known as the Farm Bill, which legalized industrial hemp and removed it from the list of controlled substances. The bill also legalized the production and sale of hemp-derived CBD products as long as they contain less than 0.3% THC.
The 2018 Farm Bill provided clarity for the production and sale of hemp-derived CBD products, but it did not address the regulation of CBD products more broadly. The FDA is responsible for regulating CBD products and has issued guidance on the use of CBD in food, dietary supplements, and cosmetics. The FDA has also approved one CBD-based drug, Epidiolex, for the treatment of seizures associated with two rare forms of epilepsy.
The FDA continues to evaluate the safety and efficacy of CBD products and has issued warning letters to companies that make unsupported claims about the health benefits of their products. The agency has also indicated that it may develop regulations for the use of CBD in food and dietary supplements. In the meantime, consumers should be cautious when purchasing CBD products and should look for products that have been tested by third-party laboratories to ensure their safety and quality.
Wrap Up
Overall, the changes made to the Virginia Hemp Bill by Governor Youngkin aim to strike a balance between consumer safety and the continued availability of certain hemp-derived products. While some patients and industry members have expressed concerns about the impact of the revisions, it is clear that the state is taking steps to regulate and support the hemp industry in Virginia.
It is worth noting that the Virginia hemp bill is just one piece of the larger puzzle of hemp regulation in the United States. While some states have taken a more liberal approach to hemp and cannabis regulation, others have implemented stricter rules and limits. As the industry continues to grow and evolve, it is likely that we will see more changes and revisions to hemp laws and regulations across the country.
In the meantime, stakeholders in the Virginia hemp industry will need to adjust to the new regulations and work together to ensure that the industry can continue to thrive. With the right support and guidance, the hemp industry in Virginia has the potential to become a major economic driver for the state and a source of important medical products for patients in need.
VA Harvest products will remain unaffected by these amendments.
