Virginia Lawmakers approve Governor's Hemp Bill Amends

This bill will result in the loss of jobs, innovation, and business development for Virginia’s hemp industry. This bill .”</em will drastically reduce the choices for hemp consumers who rely on hemp products.

By Graham Moomaw, Virginia Mercury

Tommy Norment (R-Williamsburg), Senate Minority Leader, made a joke about how he had sent his wife a text to let her know that he would miss his birthday because the legislature was spending so much time “arguing over cannabis.”

The Richmond legislature returned for one day to consider minor amendments and vetoes that the Governor had sent. Glenn Youngkin (R): The most talked about item on the agenda was the issue of hemp products that contain enough THC for the user to get the high from marijuana.

Both chambers approved Youngkin’s amendments to a bill that set new limits on the amount of THC hemp products could contain, and tighter regulations for retailers who sell them. This proposal is primarily aimed at hemp-derived products such as delta-8, which have become an increasingly popular alternative to marijuana. Although possession of small amounts is legal in Virginia, it remains illegal to sell marijuana for recreational purposes.

The legislation’s supporters called it a necessary step towards controlling a market that is largely unregulated. They pointed to an increase in minors being poisoned and hospitalized after they ingest THC. Some critics criticized the bill for going too far. They said it could harm small farmers and hemp businesses, while benefiting large cannabis companies that are licensed to sell medical cannabis in the state. Others argued that Youngkin’s amendments to the bill were detrimental to public safety and allowed for too many sales of marijuana-like products.

The General Assembly accepted Youngkin’s amendments and overpowered efforts to repeal the bill. Although the law will take effect on July 1, some lawmakers indicated that it could be reexamined if lawmakers meet again in the coming months to complete work on the state budget.

Youngkin’s main amendment to the bill was to relax the THC limits after parents of epileptic children complained that the bill would reduce their access of CBD oil for anti-seizure treatments. Youngkin suggested a 25-to-1 ratio between CBD and THC instead of limiting THC to 2 mg per package. This would have prohibited a wide range of products.

To explain this ratio, Senator Emmett Hanger (R-Augusta), the patron of the hemp bill invoked the rum cake from his aunt.

Hanger stated that the drink wasn’t likely to make you drunk because it contained a lot more sugar, flour, eggs and other stuff than rum.

Del. Dawn Adams, D.Richmond, a nurse practitioner and prominent voice in the cannabis science, warned that an exemption could backfire. She claimed that some legislators were being given “false information,” about the ratio.

Adams stated, “We’re creating a state-sanctioned illegal THC market by doing so.”

Youngkin proposed that a provision which required manufacturers to give a bitter taste for topical products be removed to discourage anyone from trying to get high with CBD cream. After being deemed redundant, the idea was dropped.

The governor proposed a version that includes a $1,000 registration fee for businesses who intend to sell hemp products.

Terry Kilgore (R-Scott), House of Delegates Majority Lead, said that the bill “will keep people from setting up popup shops and other things of this nature,” but acknowledged that the bill’s final version might not be perfect.

Some Democratic lawmakers were critical of the steep penalties for businesses who violate the new rules. A business that has illegal products on its shelves unknowingly for more than a month could face a fine of up to $10,000 per daily, according to Sen. Jeremy McPike (D-Prince William). Hanger said that the bill’s main purpose is to make sure people who profit from illegal products can’t “sustain” their businesses.

The bill was met with strong opposition by the hemp industry from beginning to end. Jason Amatucci of the Virginia Hemp Coalition stated Wednesday that he expected the new law will be challenged in court.

Amatucci stated that the bill will result in the Virginia hemp industry losing jobs, innovation, and business development. This bill will drastically reduce the choices for hemp consumers who rely on hemp products.

New funding is being allocated by the legislature to cover the expansion of the inspector team that will monitor the sale of marijuana products in Virginia. However, it’s not clear how strict the new law will be enforced due to the wide availability of cannabis-based products at convenience and smoke shops across the state.

Mercury intern Meghan McCIntyre contributed reporting.

Virginia Mercury published this story for the first time.