Timeline of Virginia Hemp Legislation

Timeline of Main Events:

Obama signs the 2014 Farm Bill Which Allows Universities to Grow Hemp for Research

• The 2014 Farm Bill was a significant turning point for hemp in the United States. Here's how it impacted hemp:

  • Legal Distinction: The bill defined hemp as cannabis with a delta-9 tetrahydrocannabinol (THC) concentration of not more than 0.3% on a dry weight basis. This legally distinguished hemp from marijuana, which has higher THC content and remained federally illegal.

  • Pilot Programs: It authorized the establishment of state and university research pilot programs for hemp cultivation. This allowed institutions and farmers in participating states to grow and study hemp for the first time in decades, albeit with restrictions.

  • Limited Scope: While a step forward, the 2014 Farm Bill was limited in scope. Hemp cultivation was strictly for research purposes, and commercial production and sales were not permitted beyond these programs.

President Trump signs the 2018 Farm Bil which Opens Up the Hemp Industry

• 2018: The 2018 Farm Bill was a landmark piece of legislation that significantly changed hemp regulation in the United States. Here's a breakdown of its impact:

  • Legalized hemp cultivation, processing, and sale.

  • Removed hemp from the Controlled Substances Act.

  • Established a regulatory framework for hemp production.

  • Allowed for state-level regulation of hemp.

  • Legalized the interstate transportation of hemp.

• 2020:The DEA releases an interim final rule specifying that cannabis derivatives, extracts, or products exceeding the 0.3% THC limit on a dry weight basis are considered Schedule I controlled substances. ("Medical Fraud, Mislabeling, Contamination" document)

• 2023:Nearly half of U.S. states have legalized recreational cannabis by this point. ("Impact of Recreational Cannabis Legalization" document)

• April 12, 2023: SB903 significantly reshaped Virginia's hemp market by imposing stricter regulations on hemp-derived products, particularly those containing THC isomers like delta-8 and delta-10. Here's a breakdown of its key impacts:

  • Total THC Limit - 0.3% Total THC: Unlike the 2018 Farm Bill, which focused on delta-9 THC, SB903 established a limit of 0.3% on total THC content. This includes not just delta-9, but also other intoxicating isomers like delta-8 and delta-10 that were previously unregulated.

  • Packaging and Labeling - Stricter Requirements: SB903 introduced more stringent packaging and labeling requirements for hemp products, including child-resistant packaging and prominent labeling with warnings and disclaimers.

  • Restrictions on Sales - Limited Retail Channels: The law effectively restricted the sale of many hemp-derived products, particularly edibles and products with higher total THC content, to licensed medical marijuana dispensaries. This significantly limited the availability of these products to consumers.

  • Enforcement and Penalties - Increased Authority: SB903 granted the Commissioner of Agriculture and Consumer Services greater authority to inspect facilities, seize products, and impose penalties for violations of the law.

• October 31, 2023: A judge rejects a challenge to Virginia’s hemp-product restrictions ("Judge rejects challenge to Virginia's hemp-product restrictions" document)

2018 Farm Bill:

https://www.fda.gov/news-events/congressional-testimony/hemp-production-and-2018-farm-bill-07252019#:~:text=The%20Current%20Regulatory%20State%20of,cannabis%20(Cannabis%20sativa%20L.)

SB903 Tracking:

https://legacylis.virginia.gov/cgi-bin/legp604.exe?231+sum+SB903#:~:text=02%2F24%2F23%20Conference%3A,59%20p.m.%2C%20March%2027%2C%202023