“After eighteen years of using the exact same thing with great success, I don’t think she should have to look for something else.”
By Graham Moomaw, Virginia Mercury
A small group of people knew CBD before many others. They were asking Virginia legislators to legalize CBD.
Virginia passed a 2015 law that created a legal protection for families who have children with severe epilepsy. This allows them to legally possess CBD-derived CBD oils for medical purposes without being charged with a criminal offense due to their connection to cannabis.
The original law only allowed CBD, which is a non-intoxicating substance derived from hemp plants. It was intended to reduce or prevent seizures. The 2015 initial law included limitations on THC, the substance in cannabis plants that makes users high. It can be both natural or synthetic.
The FDA has approved Epidiolex as safe and effective for a particular medical purpose. Eight years ago, Epidiolex was three years away form FDA approval. Many families in Virginia testified before the General Assembly that non-prescription CBD oil worked well to relieve their children’s seizures. The state legislators responded in kind, saying that they would create a legal pathway for Virginians to obtain CBD oil for medical purposes.
Lisa Smith, a Youngkin-supporting Northern Neck resident, claims that the strict hemp regulation legislation passed by the General Assembly this year threatens the assistance legislators gave to her family nearly a decade ago.
Smith stated that the 100-milliliter CBD oil bottles she receives from Charlotte’s Web in Colorado are large enough to violate a provision of the pending law which states cannabis products cannot contain more than 2 mg of THC per package.
Smith spoke out about Haley, her daughter with Dravet syndrome, a form epilepsy that Smith has used for eight years.
Smith claimed that her bottles contain 216 mgs of THC, but have a total THC content of less than 0.3%. Although Charlotte’s Web products’ descriptions and labeling are unclear, Smith claims that the THC content would exceed the Virginia law’s limits. However, more detailed certificates of analysis on the site back Smith’s claim. A 30ml bottle of CBD oil containing 1.2 mgs of THC is also available. Charlotte’s Web did not respond to an email request for comment about how Virginia’s proposal might affect its business.
After Smith’s furious pushback, the lawmakers who sponsored the hemp bill now consider amending it to address Smith’s concern.
“We want to fix it,” Senator Emmett Hanger (R), the sponsor of the Senate’s version of the hemp bill said in an interview.
Hanger stated that Virginians are concerned about losing access to unregulated cannabis products. This is a bigger problem.
Hanger stated that many people self-medicate with these products. These products should not be used without consulting a doctor. These are sometimes potent drugs that are not FDA approved.
Hanger didn’t give any details on the specific amendments that were being considered for his bill. However, one suggestion being discussed is a carveout of THC limits for CBD products. This would apply to CBD products with a high-CBD/low-THC ratio. This would only be applicable to products that are unlikely to get users high from a regular dose.
Governor has yet to take action on the hemp legislation. Glenn Youngkin (R), has stated that he supports the legislation’s main goal to get tougher on unregulated hemp products such as delta-8. These products contain enough THC for intoxicating effects, but they are still openly sold across Virginia since they are not marijuana.
Youngkin’s office didn’t specify which specific changes might be proposed by the governor for the bill.
Youngkin spokeswoman Macaulay porter said that the final text of the bill was under review and that the administration is meeting with all stakeholders. “The governor is looking forward to the increased enforcement that this will bring in order to keep dangerous intoxicants off of the shelves and away form children in Virginia.”
The Monday deadline for the governor to sign, veto, or recommend changes to hemp bill is Monday
‘We have major seizures’
In 2015, the first state-approved cannabis possession was approved. As lawmakers expanded legal options for CBD oil and expanded the list of conditions that can be treated with cannabis products, the program was extended to include actual cannabis. The only legal way to purchase marijuana in Virginia is through medical dispensaries. However, possessing small amounts of cannabis and growing up to four plants at your home are no longer criminal offenses.
Virginia’s medical cannabis dispensaries will continue to be an option for Virginians who want to legal buy CBD or hemp products. These products are subject to tighter regulations and testing to make sure consumers know what they’re purchasing.
The supporters of stricter THC regulations claim that the medical marijuana program was designed to ensure Virginians have access to safer and more-regulated products.
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Michelle Peace, a Virginia Commonwealth University forensic science professor who specializes cannabis-related research said that she sympathizes with Smith’s situation. She said that the problem with unregulated cannabis products is evident due to the many “adverse events”, which Virginians have had from inhaling cannabis products containing intoxicating substances.
Peace stated that the unregulated marketplace was dangerous for hundreds of people who use it on a daily basis in Virginia.
She said that changing the bill to allow more THC products would open the door to intoxicating drugs and could confuse people who want CBD “just for the sake of it.”
Peace stated that Virginia’s regulated marketplace is available to consumers. They no longer have to ship products from other countries.
Smith stated that she isn’t eager to switch to another product from Virginia’s licensed dispensaries, as they might not have the same effect on Haley as the one she has been receiving in Charlotte’s Web mail.
Smith stated that it’s not like switching between orange Tylenol and cherry Tylenol. Because she is so fragile medically, there are many other implications. Major seizures can lead to hospitalization or even death.
Haley, who is 22 years old, functions on a level similar to a four year-old. Smith stated that the medical dispensaries seemed geared towards adult products, and not children’s medicine.
Smith stated that Smith was not going to teach her how she smoked.
Smith stated that she supports the idea to crack down on bad actors within the industry profiting off selling unregulated or hazardous products. However, she claimed she and others are “blinded” by the proposed law.
Smith stated, “You can’t hurt all the work that parents such as myself and others have done for our children.” “We’ve come so far.”
Virginia Mercury published this story for the first time.
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Photo by Kimzy Nanny.
Marijuana Moment: The post Virginia Lawmakers Consider Amending Hemp Restrictions Bill To Protect Patients Access To CBD Products was first published.
