I think it should be regulated but not to the extent that you shut down good businesses.
By Rahul Chowdhry Sharma, Virginia Mercury
In federal court, two hemp businesses as well as a private citizen have challenged a Virginia Law that imposed stricter limits on the sale of hemp products. They claim these new rules are harmful to hemp businesses in terms of financial loss and interstate commerce.
The law that went into effect on July 1 set the maximum THC concentration in hemp products to 0.3 percent and 2 milligrams for each package. The law, which went into effect on July 1, set the maximum amount of THC in hemp products at 0.3 percent concentration and 2 milligrams per package.
The lawsuit filed by Northern Virginia Hemp and Agriculture (a hemp retailer), hemp customer Rose Lane, and North Carolina-based Franny’s Operations, argues that the law, if not stopped, “will cause millions in irreparable damage” and “cause Banned Products to become unavailable in the Commonwealth of Virginia, exacerbating health problems for thousands of Virginians.”
Plaintiffs claim that Virginia’s definition of hemp is in conflict with federal law, which defines cannabis as having less than 0.3 percent delta-9 THC. Virginia’s law defines legal hemp as products with less than 0.3% total THC, including not only the common delta-9 strain, but also all natural and synthetic isomers.
‘s complaint claims that this places state law directly in conflict with federal laws, violating the supremacy clause of the U.S. Constitution.
Northern Virginia Hemp and Agriculture has lost 90 percent of their business due to the new law. Nearly all the products they manufactured and sold before July 1 have been banned.
Travis Lane, the owner of Lane’s business, said that hemp products have become a source of income for many people. This [lawsuit] was worth a shot, it was like a 50-50 chance for us to win.
Lane warned that if the law was not stopped, he would be forced to close his doors by the end of this year. He said that he felt the law should be strictly regulated but not to a point where it would force good businesses out of business.
Jason Amatucci of the Virginia Hemp Coalition who helped fundraise and find plaintiffs for the lawsuit, stated that Virginia’s stricter limitations were supported by medical marijuana companies, which saw hemp as a threat to their business. He said it was “double standard” to have marijuana illegal at the federal government level, while its use is legal in Virginia. However, some hemp products that are federally legal in Virginia are now banned.
The Virginia legislature has expressed increasing concern over the growing unregulated hemp market and the sharp increase in hospitalizations of minors after they have consumed hemp-derived products. The new law also includes requirements for packaging and labeling, and will impose escalating penalties for non-compliance.
Chloe Smith is a spokesperson for Attorney-General Jason Miyares. She declined to comment about the litigation, but said that Miyares was “dedicated to combating the increase of accidental THC intoxications among children and is concerned with the rise of counterfeit THC products marketed to our youth.”
Amatucci said, however, that he didn’t believe the law adequately targets child safety and counterfeit synthetic products.
Amatucci said that “we need to educate people about these issues, and we need smart laws to target the exact things we want to target.” But to use a sword to cut down an industry like this was irresponsible. “Whether we win or [are] returning next session, this is something we have to fix.”
Virginia’s law has been complicated by a special provision for CBD-based hemp products. This was enacted after caregivers complained about epileptic kids who used CBD oil to treat their seizures. The provisions set a 25:1 minimum ratio of CBD and THC in products that contain more than 2 milligrams THC.
Del. Dawn Adams (D-Richmond), has stated that manufacturers can still sell large quantities of THC as long as they include 25 times the amount of CBD. NoVa Hemp greets visitors to its website with a popup message that says, “All Virginia products now include an additional 25 to 1 ratio of CBD isolate on the packaging.” You won’t be disappointed!”
Lane said, “It seems like we’re putting more effort into something we don’t really think is necessary.” “It’s ridiculous.”
The plaintiffs also challenge a provision in the law that prohibits hemp processors from selling to anyone within or outside of state borders if they have reason to believe the hemp will be used to make a substance which violates the state’s 0.3 percent THC limit.
The federal government still considers marijuana illegal. However, the 2018 Farm Bill removed hemp from Schedule I, which includes heroin. The Department of Health and Human Services proposed last week that the Drug Enforcement Administration change the classification of marijuana to Schedule III.
The case will be heard by District Judge Leonie Brinkema on the 29th of September in Alexandria.
Originally published by Virginia Mercury.
Moving Marijuana to Schedule III Could have Widespread Impacts On Businesses, Federal Employees And More
Photo elements provided by Rawpixel, Philip Steffan.
The post Virginia Lawsuit Seeks To Undo 0.3% THC Total Limit on Hemp-Derived Cannabis Products first appeared on Marijuana Moment.
