Column: Virginia’s Hemp Industry Needs Regulatory Certainty to Thrive

By Ivory Ellis

Article originally published in Virginia Pilot here.

The hemp industry in Virginia is facing a serious threat, not because of failures at the state level, but because of recent federal actions that risk dismantling a market that has operated responsibly for years. As Congress moves toward tighter restrictions on hemp products nationwide, Virginia lawmakers now have an important choice. They can allow federal overreach to dictate the fate of local businesses, or they can preserve a state regulatory framework that has already demonstrated consumer protection and economic stability.

Across the commonwealth, Virginia’s hemp industry has functioned under a clear and enforceable standard. The 25:1 CBD-to-THC ratio has ensured that hemp products sold in Virginia are non intoxicating when used as intended. This framework has allowed regulators to draw a bright line between hemp and adult-use cannabis, while giving consumers access to legal, tested products and allowing small businesses to operate with certainty.

That stability is now at risk. Recent changes at the federal level, including new restrictions tied to hemp-derived cannabinoids and evolving interpretations of what qualifies as lawful hemp, threaten to upend markets that states such as Virginia have carefully regulated. These federal developments are not the result of failures within Virginia’s hemp system. Rather, they reflect a national effort to address inconsistencies across states, often without regard for frameworks that are already working.

Virginia should not respond to federal uncertainty by abandoning its own successful approach. The commonwealth has already addressed the central concern driving federal action: preventing intoxicating products from being sold under the label of hemp. The 25:1 ratio accomplishes exactly that.

It ensures products remain non-intoxicating, protects consumers and provides regulators with a clear enforcement standard. Folding compliant hemp businesses into the adult-use cannabis system would not improve safety. It would simply impose unnecessary barriers on businesses that are not part of the problem.

Our business is a small hemp retailer serving the Hampton Roads community. We built our operations around Virginia law as written, invested our savings, and complied with testing, labeling and ratio requirements. Our customers include veterans managing pain, seniors seeking sleep support, and working adults looking for alternatives to alcohol or pharmaceuticals. They are not seeking intoxication. They are seeking regulated, transparent products they can trust.

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For small businesses, regulatory upheaval carries immediate consequences. When standards change abruptly due to federal pressure, inventory becomes unsellable, employees lose hours, and local storefronts close. Large, well-capitalized companies may be able to pivot. Independent retailers and small producers cannot. The result is consolidation, not consumer protection.

Virginia has the authority and the responsibility to retain control over hemp regulation within its borders. Preserving the 25:1 framework keeps hemp clearly separate from adult-use cannabis while allowing the state to continue enforcing safety standards through existing oversight. Products that exceed that ratio can and should be regulated through the cannabis system. Products that comply should remain within the hemp framework.

This approach respects federal concerns without surrendering state autonomy. It recognizes that hemp and adult-use cannabis serve different purposes and require different regulatory treatment. Most importantly, it protects consumers while preserving local businesses that have operated in good faith.

As legislation moves through committee rooms this session, lawmakers should resist the impulse to dismantle a system that has worked simply because federal policy has shifted. Virginia’s hemp industry is not a loophole. It is proof that thoughtful regulation can balance safety, access and economic opportunity.

The issue is not special treatment, but regulatory consistency. Retaining the commonwealth’s hemp framework protects jobs, consumers and regulatory clarity at a moment when all three are under threat.

Ivory Ellis of Virginia Beach is owner and operator of 757 Smokes, a hemp retail business serving the Hampton Roads community. She wrote this on behalf of the Cannabis Small Business Association.