Lawsuit challenges Virginia’s new hemp-product restrictions

September 10, 2023 · MJ Biz Daily

Two hemp businesses and a consumer filed a lawsuit in Virginia federal court contending the state’s new restrictions on low-THC, hemp-derived products is causing financial harm to hemp companies and inhibiting interstate commerce.

The lawsuit by hemp-product retailer Northern Virginia Hemp and Agriculture, North Carolina-based grower and distributor Franny’s Operations and consumer Rose Lane argues the new regulations will cause “millions of dollars of irreparable harm” while banning products that were recently legal exacerbates “potential health problems to thousands of Virginians,” the Virginia Mercury reported.

Virginia’s new law regulating hemp-derived products took effect July 1. The new rules include

  • A 0.3% limit on THC in hemp products.
  • Limits on the total amount of THC per package, dependent on CBD content.
  • A requirement for hemp-product manufacturers and sellers to submit disclosure forms.
  • Child-resistant packaging rules for THC-containing products.
  • Labeling requirements.

Hemp industry insiders feared the new rules, including THC caps and mandating products with CBD-THC ratios of at least 25-to-1, would outlaw most of their inventory.

Travis Lane, owner of Marshall-based Northern Virginia Hemp and Agriculture, told the Mercury the new law eliminated 90% of his business, and nearly all the company’s products manufactured before July 1 are now banned.

The lawsuit, filed in U.S. District Court for the Eastern District of Virginia, also contends the state’s new statute conflicts with federal law, particularly the U.S. Constitution’s supremacy clause.

That’s because the 2018 Farm Bill legalized hemp-derived products with 0.3% THC or less, triggering the nationwide boom in delta-8 THC and other intoxicating hemp-derived cannabinoids.

The lawsuit also challenges a provision of the law prohibiting hemp processors from selling industrial hemp to anyone in or outside Virginia if the seller believes it will be used to surpass the state’s 0.3% THC limits.

Virginia authorities are already cracking down on stores selling unauthorized hemp-derived products under the new law and handing out significant fines in the enforcement push.

The Virginia Department of Agriculture and Consumer Services has issued at least five noncompliance letters to businesses as of late July, with fines ranging from $13,000 to $97,500. (Full Story)

In category:Hemp
Next Post

Chicago Officials Considering Only Letting Cannabis Licensees Sell Hemp-Derived THC Products

The Chicago, Illinois City Council is considering a proposal that would allow only businesses that hold a state issued cannabis license to sell hemp-derived cannabis products that contain THC, including delta-8, delta-10, and THC-O, the Chicago Sun-Times reports. Businesses without cannabis licenses would…
Previous Post

California Sues Multiple Hemp Companies Claiming State Law Violations

California is suing several hemp brands throughout the U.S. claiming violations of the state’s Proposition 65 rules, which require products “known to the State to cause cancer or reproductive toxicity” to carry a “clear and reasonable” warning label. Although the…
Random Post

Michigan Cannabis Redevelopment Project Collapses Into Massive Lawsuit With City

A large Michigan cannabis development site is up for sale as Pontiac and the property’s developer battle in a federal court case. The battle marks an apparent end for a $40 million development plan that aimed to remake a derelict…
Random Post

Dave Matthews Inducts Willie Nelson Into Rock and Roll Hall of Fame with Several Weed References

Two minutes into his induction speech for Willie Nelson at the Rock and Roll Hall of Fame 2023 ceremony at Barclays Center in Brooklyn, NY on November 3, Dave Matthews pointed out: "You know what? Willie likes to smoke weed!" After lengthy…
Random Post

Cannabis and Criminal Justice Advocates Urge Biden to Fully Deschedule Cannabis

In a letter to President Joe Biden (D), the Marijuana Justice Coalition and Cannabis Freedom Alliance said that the administration’s plans to move cannabis from Schedule I to Schedule III under the Controlled Substances Act “would simply maintain federal criminalization” of state-approved medical…
Random Post

Alabama’s Plan to Void and Reissue Medical Cannabis Licenses Attracts Another Lawsuit

The Alabama Medical Cannabis Commission (AMCC) is set to, again, void and revoke the licenses it awarded two weeks ago with plans to re-award them during the same meeting without going into an executive session, according to a court filing outlined by…