VDACS Hemp Inhalable Enforcement Webinar with Detailed Q&A

The Cannabis Small Business Association is deeply grateful to have had a representative from VDACS who was so open and forthcoming about the immediate roll-out of hemp inhalable enforcement. Transparency and dialogue like this are essential as our industry navigates these evolving regulations.

Now more than ever, we encourage everyone to join our ranks as an organization. The only way we can influence meaningful change is by working together—organizing, uniting, and ensuring our collective voices are heard.

Below is Lisa Ramsey’s Hemp Inhalable Enforcement Webinar, followed by several videos featuring the participant Q&A session. Click here to watch the full playlist on YouTube. Moreover, if you want to watch the complete raw and unedited video, please email info@CSBAssociation.com to inquire about a CSBA membership which starts at $100 annually. Your support ensures we can continue being the preeminent voice for small businesses in this rapidly emerging American cannabis industry.

VDACS FOLLOW-UP QUESTIONS

Responses provided by L. Ramsey – October 13, 2025

This following written Q & A contains responses from L. Ramsey (VDACS Office of Hemp Enforcement) dated October 13, 2025, addressing follow-up questions regarding the regulation and compliance of hemp-derived and inhalable products in Virginia.

The responses clarify packaging requirements, labeling rules, jurisdictional distinctions, inspection protocols, and enforcement authority. It also distinguishes between hemp, nicotine, and medical cannabis programs, provides insight into compliance procedures, and explains how legislative and regulatory processes govern these products.

Product Design & Legal Distinctions

Does anyone make a double sided vape where you can choose flavor typically? like one side is CBD and the other is THC?

Making a double-sided vape would be the same as having two packaged products together. Each side of such a double packed product would have to comply with the THC limits in law.

What about the no-vape laws for nicotine going into place?

The laws related to nicotine products are not associated with the laws for regulated hemp products. Nicotine vapes and hemp vapes are regulated by entirely different regulatory programs.

How are the medical processors allowed to have animals/ fruits [on their packaging]?

The laws for medical marijuana (COV Titl3 4.1. Chapter 16. Medical Cannabis Program) are completely separate from the laws for hemp. There is no connection, other than communication and cooperation as needed, between the Virginia Cannabis Control Authority and the VDACS Office of Hemp Enforcement. While there are many similarities between these two laws, they are not identical, the agencies responsible for enforcement of these two laws are separate.

If one was to add CBD isolate to raw flower to conform to the 25:1 standard, would the .3% total THC rule apply?

Yes, in all cases, the 0.3% total THC is applicable.

Packaging, Labeling & Compliance Requirements

The inhalable products must be in proper packaging? Can you show an example?

If the product contains THC, the law requires that it be in packaging that is “(i) specially designed or constructed to be significantly difficult for a typical child under five years of age to open and not to be significantly difficult for a typical adult to open and reseal and (ii) for any product intended for more than a single use or that contains multiple servings, resealable.” For products that do not contain any THC, child-resistant packaging is not required. There are many websites with images of child-resistant packaging; here are a few websites that have multiple types of child resistant packaging for products containing THC:• https://420packaging.com/search?q=child%20resistant• https://gamutpackaging.com/collections/child-resistant-packaging• https://www.assurpack.com/Note: This is not an endorsement of these companies, it's just to provide some good visual examples of the types of packaging these products could be in to meet the requirements for child resistance.

The inhalable products usually come in a box and inside the box it has a silver bag that is sort of difficult to open? i would like an example of proper packaging it is not clear.

Packaging an inhalable product containing THC in a child-resistant, reclosable bag and packing it inside a box would be an acceptable way to package it. If the silver bag is not child-resistant, or not resealable, then it would not be compliant with the requirement to have child-resistant packaging that is resealable.

The inhalable box has the qr code but it does not have the batch code on the box, but only in the coa, is it still compliant?

No. The product and the COA must have a matching unique identifier (such as a batch number) that ties the batch of product to the results on the COA.

Can the retailer add a sticker next to the QR code if it is missing? To help it be compliant?

This question appears to relate to Question 8, so I’ll address it in that context. If the manufacturer has produced multiple batches of the same product, it may be difficult or even impossible for the retailer or manufacturer to determine which batch a particular unit came from.If the correct batch number can be determined with certainty, it may be added to the product using a sticker. However, if this is observed during an inspection, it will likely be questioned. For that reason, it’s important to keep documentation explaining why the sticker was added and demonstrating that the batch number is accurate.

Regulatory Oversight & Enforcement

Well that effectively makes hemp growers weed growers if they dry their flower, whether its to produce seeds or ultimately another product. How is the OHE able to maintain a hemp program knowing this?

In order to answer this question, I want to first point out and define the two separate programs within VDACS that deal specifically with hemp and the products made from hemp:• The VDACS Hemp Program - The purpose of this program is to regulate industrial hemp production in Virginia in accordance with the 2018 federal Farm Bill’s hemp provisions, USDA’s Domestic Hemp Production Program regulation, and the Virginia Industrial Hemp Law.

• The VDACS Office of Hemp Enforcement (OHE) - The purpose of this program is to implement and maintain consistent regulatory oversight of hemp products for human consumption that are offered for sale in Virginia.

Response to the question: In a way, it does make hemp growers “weed growers”, but the VDACS Hemp Program is in place to provide a lawful way for you to grow hemp and hold it until it's either processed into a finished product by you, or sold to someone else with a hemp processor registration (from the VDACS Hemp Program) so they can process it into a finished product. Unpackaged hemp flower is not considered a finished product until it is packaged and labeled and meets all requirements in the law.The Office of Hemp Enforcement has the responsibility of evaluating finished products offered for sale at retail for compliance with the laws for regulated hemp products (Code of Virginia Title 3.2 Chapter 41.1., Article 4. Regulated Hemp Products and Chapter 51., Article 5. Industrial Hemp Extract Intended for Human Consumption). Any person who possesses hemp plant material that has not yet been processed into a packaged and labeled finished product, and intends to sell it, must hold a valid registration from the VDACS Hemp Program. The hemp may not be lawfully sold until it has been processed and meets all requirements for a regulated hemp product.

Does VDACS have jurisdiction over products not for human consumption?

The Office of Hemp Enforcement does have jurisdiction over topical products. The requirement we evaluate for these products is that the label includes the statement “Not Intended for Human Consumption.”

What if the product is not intended for human consumption? Are there any requirements then?

Yes. Even when a hemp-derived product is not intended for human consumption, it must still comply with the THC limits established in law. For topical products, the label must include a clear statement such as “Not Intended for Human Consumption.” For other non-consumable products (e.g., fiber, construction materials), the hemp law does not set out specific labeling requirements. These types of products do not need to be accompanied by a certificate of analysis (COA), and regulatory or law enforcement testing by VDACS is unlikely unless the products are found to be sold for human consumption.

Will stores that have already been inspected this year be reinspected?

Yes, it is possible. Follow-up inspections of recently inspected stores are typically based on the types of products found during the previous inspection and the store’s assigned risk level. A “High Risk” classification is most often due to the store’s close proximity to a school, child daycare, or other facility serving children. However, the classification also takes into account the types of products offered for sale and the store’s demonstrated level of compliance with the law.

Will the same inspector that did edibles also do inhalables?

We have eight inspectors and one inspection supervisor for the entire state. Every inspector will be doing both types of inspections. Chances are good the same inspector will visit your store to do an inhalable product inspection, but it's always possible that it could be done by one of the other inspectors.

Hello, if we have removed products from shelves but have them locked away, can we still receive fines for having them in store?

Yes. If you have products that are not legal to sell, they must be removed from your store. VDACS has authority to inspect the entire premises. If inspectors are denied access to any area of the store, the refusal will be documented. Such refusals can lead to civil penalties and may result in the suspension or revocation of the Regulated Hemp Product Retail Facility Registration. If the registration is suspended or revoked, the retailer would be operating without a valid registration, which is also subject to civil penalties.

Jurisdiction, Communication & Policy

What communications have you had with Dr. Michelle Peace from VCU Toxicology Department and what is being done when compliant products have become tainted. Is VDACS informed?

If Dr. Peace has contacted our office about tainted products, I have not been made aware of it. We would welcome any information regarding regulated hemp products that are tainted, contaminated, or otherwise unsafe for consumption. For edible products, we have authority under the Virginia Food and Drink Law to take action to remove adulterated or unsafe products from the marketplace.

Can the new governor overturn these laws?

No, the governor cannot simply overturn existing laws. In Virginia, laws are created through the legislative process: a bill must be passed by both the House of Delegates and the Senate, then signed by the governor (or allowed to become law without a signature). Once a law is in place, it can only be changed or repealed through the same legislative process. A new governor may propose changes, support new legislation, or influence policy through executive actions, but they do not have the authority to unilaterally repeal or override existing laws.

Business & Registration Requirements

Does [one] need any registration to wholesale distribution who sell to retailers?

If a manufacturer or distributor only sells products to other businesses for resale, and does not sell any products directly to end consumers, then the Regulated Hemp Product Retail Facility Registration is not required. The registration is required for any business that sells products directly to the end consumer.

Contact Information

For further questions or clarification, please contact:📧

Hempenforcement@vdacs.virginia.gov📞 804-786-1382

Email info@csbassociation.com to join like-minded industry leaders in the emerging cannabis space.