Jul 5, 2023
Amendments to Virginia’s industrial hemp laws take effect

During a reconvened session in April, the Virginia General Assembly amended the Code of Virginia to establish new requirements and restrictions for certain hemp-derived products.

Beginning July 1, 2023, amendments to Virginia’s Industrial Hemp Law (Va. Code § 3.2-4112 et seq.) and Food and Drink Law (Va. Code § 3.2-5100 et seq.) will direct the manufacturing and retail sale of certain hemp-derived products in the Commonwealth. The amendments also detail how the Virginia Department of Agriculture and Consumer Services (VDACS) will administer the hemp and food and drink laws and related regulations. Amendments to the Code of Virginia impacting hemp products that will take effect on July 1, 2023, include:

  • When offered for retail sale, a hemp product may not exceed 0.3 percent total tetrahydrocannabinol (THC) and may not have more than two milligrams of total THC per package unless the product’s cannabidiol (CBD) to THC ratio is at least 25 parts CBD for every one-part total THC. “Total THC” means all of the THC in a product, including delta-8 and delta-9 THC.
  • Any person that intends to manufacture, sell, or offer for sale a substance intended to be consumed orally that contains an industrial hemp-derived cannabinoid must submit an Edible Hemp Products Disclosure Form.
  • Edible hemp products that contain THC must be in child-resistant packaging.
  • Edible hemp products must bear a label with specific information and be accompanied by a certificate of analysis produced by an independent, accredited laboratory. Retailers must have the laboratory’s certificate of accreditation available for review.
  • Civil penalties of up to $10,000 per violation of the Food and Drink Law.
  • Virginia Consumer Protection Act (VCPA) prohibition on the sale or offering for sale of a substance intended for human consumption, orally or by inhalation, that contains a synthetic derivative of THC.
  • VCPA prohibition on the sale of a topical hemp product that does not bear specific label language.
  • Amendments establishing a regulated hemp product retail facility registration program to be administered by VDACS will become effective once VDACS develops this new registration program.

VDACS has distributed a communication to retail outlets in its database to advise them of these amendments. Click here fo this communication.

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