We warned you all about this. The fines are very aggressive and the people who receive them are not happy. .”
By Graham Moomaw, Virginia Mercury
In an effort to combat marijuana alternatives, state officials have started enforcing new stricter rules on the labeling and contents of hemp products.
According to the Virginia Department of Agriculture and Consumer Services, five letters of non-compliance were sent as of July 24. The penalties ranged from $13,000 up to $97.500. According to the Virginia Department of Agriculture and Consumer Services, five non-compliance letters were sent as of July 24, assessing penalties ranging from $13,000 to $97,500.
Tobacco Discount, a store located in Southwest Virginia’s Gate City, received the largest fine to date. VDACS records reveal that 27 of the 36 products found to be illegal by VDACS inspectors contained a level of THC intoxicating enough to exceed the legal limit. Other products contained synthetic THC, or labels that looked “significantly similar” to popular snack brands.
Inspectors found 26 violations in the store, from problems with paperwork, ingredient labeling, and ingredients to “a heavy accumulation” of insects and insect fragments. The total fines for the business amounted to $97.500.
In the letter describing the new system, VDACS stated that civil penalties would increase if the same violations were cited again in a subsequent inspection.
Tobacco Discount has not responded to numerous requests for comments sent to the email addresses and phone numbers listed on the state inspection paperwork.
The General Assembly’s hemp/THC bill was one of the most complex and contentious laws passed this year. It was met with strong opposition by critics, who claimed the proposal was too punitive and would threaten Virginia’s hemp industry.
Jason Amatucci is the president of the Virginia Hemp Coalition. He said, “This was just way over the edge, as we warned everybody.” “They are fining people, and they are being aggressive about it.”
Since the new law went into effect, several news reports have appeared about hemp-focused business reducing their plans in Virginia, or even leaving the state.
In debates, supporters claimed that the new regulations and penalties would help to curb the unregulated and potentially dangerous products which are widely available at smoke shops and convenience store due to Virginia’s lack of recreational marijuana dispensaries. The advocates of tougher regulations on products such as delta-8 cited an increase in reports of minors who were poisoned by too much THC. Some lawmakers claimed earlier this year that the heavy fines were intended to make it prohibitively costly for businesses to sell products deemed illegal.
The Office of Governor. The office of Gov.
Macaulay Porter, Youngkin’s spokesperson, said that the legislation effectively ensures Virginians’ security. “VDACS enforces businesses with more than 150 product violations,” Porter stated.
The state is stepping up enforcement despite the ongoing partisan dispute over the budget. Budget proposal that lawmakers reviewed earlier this year included funding of $2.2 million for 15 new positions at VDACS in order to strengthen regulation of hemp products. Republicans and Democrats are unable to come up with a budget agreement, which has left the funding for this expanded program in limbo.
Michael Wallace, the agency’s spokesman, said that the budget impasse had prevented the VDACS from filling the 15 anticipated new positions.
Businesses that receive the enforcement letters have 30 days to pay a $10,000 reduced penalty if they sign an “acceptance resolution” that acknowledges the violations, and waives their right to contest the penalties. Businesses who want to contest the fines may request an “informal facts-finding conference”, which allows them to dispute inspectors’ findings.
According to inspection reports, all five businesses who received fines for violating the new system did not submit necessary forms to VDACS indicating that they sold edible hemp products.
The agency also assessed fines of $18,500, $36,500, and $34,000 for two stores in Warrenton. A store in Galax was penalized $34,000, and a Christiansburg store $13,000.
The law, which went into effect one month ago, also imposes limits on the amount of THC that hemp products may contain. In order to avoid hemp-based CBD products falling foul of the law’s provisions, they must have a ratio of 25:1 CBD to THC.
VDACS’s enforcement letters outline a penalty structure that includes the highest fines for violations of THC limit. The first violation can result in a $1,000 fine and a “potential referral to the law enforcement”. Subsequent offenses carry a $5k penalty.
Virginia has a medical marijuana program that is regulated. The state has also decriminalized the possession of small amounts and allows individuals to grow four marijuana plants in their homes. The efforts to legalize recreational retail have been stalled, because Democrats did not create a market when they controlled the statehouse between 2020 and 2021. Youngkin also hasn’t supported efforts to expand legal marijuana.
This article was originally published by Virginia Mercury.
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The article Virginia Cracks down on Intoxicating Hemp products with Enforcement and Fines first appeared on Marijuana Moment.
