Hemp and CBD – Virginia is the only jurisdiction in the DMV that regulates the growing, processing and as of recently the sale of hemp and CBD products. All 3 types of entities must register with the Virginia Department of Agriculture and Consumer Services (VDACS) and obtain a permit. The licensing process for growers is straightforward, applicants must identify the intended location for the grow and obtain and FBI Background Check. The fee is $150. VA also has an industrial hemp processor permit which allows for the manufacture of “hemp products” which includes rope, building materials, automobile parts, animal bedding, animal feed, cosmetics, oil containing an industrial hemp extract, or food or food additives for human consumption. Processors that intend to manufacture inhalants, edibles, dietary supplements and beverages, must also submit an application to operate as a manufacturer of hemp derived extracts intended for human consumption and comply with the Virginia Food and Drink Law, all packaging and labeling regulations and all applicable local food safety regulations. The fee for the hemp processor permit is $200 with an additional $40 for the consumables application.
Last week VDACS issued a press release stating that it is initiating efforts to address the retail sale of certain products that contain tetrahydrocannabinol (THC) in response to provisions included in the budget recently passed by the General Assembly and signed by the Governor.
VDACS will now classifies any chemically-synthesized cannabinoid, including delta-8, as a food adulterant which means that anyone who manufacturers, sells a chemically-synthesized cannabinoid as a food or beverage will be in violation of the Virginia Food and Drink Law. All manufacturers must be inspected. Basically VDACS is classifying delta-8 as a synthesized cannabinoid because CBD is “converted to” delta-8. VDACs will also impose new labeling requirements for all hemp derived extracts intended for human consumption that contains THC and will increase the legal age to do from 18 to 21.