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Bill to take Delta 8 THC off Virginia shelves come July 1

Debate over Delta 8 THC sales continues in Virginia
Debate over Delta 8 THC sales continues in Virginia
At Treadwell Farms in Florida, the hemp crop gets started by growing in a massive greenhouse.
Glenn Youngkin
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Debate over Delta 8 THC sales continues in Virginia
Posted at 10:59 AM, Apr 12, 2023
and last updated 2023-04-13 10:20:33-04

NORFOLK, Va. - Lawmakers voted Wednesday to approve proposed changes to a bill that adds regulation to hemp derived products.

Gov. Youngkin amended the bill after it passed during the General Assembly session much to the criticism of hemp farmers and people who sell hemp products.

The original legislation would've put a two milligram limit per package or 0.3-percent THC.

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Virginia lawmakers pass bill adding restrictions to hemp industry

It also would've said certain products, like topical creams, have to have a bittering agent.

The governor's substitute removes the bittering agent requirement and says packages can have more than two milligrams of THC if the ratio of CBD to THC is 25:1.

State Sen. Emmett Hanger (R-Augusta County) compared the ratio to eating a rum cake.

"It wasn't going to get you intoxicated because there was a whole lot more sugar and flower and eggs and other stuff in there besides the rum, so it's kind of like this," said Hanger.

The original intent of the legislation was to keep intoxicating products, like Delta 8 THC, out of the hands of children, lawmakers have said.

During the session, those in the hemp industry said the legislation was way too broadly written and pleaded with the governor to amend the legislation.

Both the House and Senate passed the amended bill during their reconvened session on Wednesday.

"What the governor has done is struck a balance between getting rid of intoxicating products that he wanted to eliminate without getting rid of non-intoxicating medicinal products, like CBD, topical products, and those types of things," said Greg Habeeb, a lobbyist for the Virginia Cannabis Association.

The bill also clarifies that intoxicating hemp products, like Delta 8 THC are illegal.

"A lot of products you're seeing in gas stations, a lot of products you're seeing in vape shops, a lot of those will become illegal," said Habeeb.

The bill now heads to the governor's desk for his signature. It would take effect July 1.

News 3’s Leondra Head spoke to the owner of a Virginia Beach CBD shop about how the bill could impact CBD stores.  

“About half of our sales come from CBD. The other half comes from THC," said Nicholas Rochas, the owner of Queens Green Apothecary. "People that are looking for some kind of intoxicant, something to get them high but we don’t sell to children."

Lawmakers have said the original intent of the legislation was to keep intoxicating products, like Delta 8 THC, out of the hands of children.

Rochas says the bill is adding more regulation on hemp-derived products.  

“It’s like taking away guns from people who are law-abiding citizens," Rochas said. "You’re not going to hurt the criminals, they’re still going to have their guns. You’re just hurting law-abiding citizens. We’re the law-abiding citizens in the cannabis market. You’re killing this market,” Rocha said.