Lawsuit seeks to block Virginia’s stricter hemp laws

Two hemp businesses and a private citizen are challenging a Virginia law that instituted tougher limits on hemp products in Virginia in federal court, saying the new rules cause financial harm to hemp businesses and interfere in interstate commerce.

The law, which went into effect July 1, set the maximum amount of THC in hemp products at 0.3% concentration and 2 milligrams per package. This cutoff has made hundreds of products placed on shelves before July illegal and subject to fines if sold.

The lawsuit by hemp product retailer Northern Virginia Hemp and Agriculture, hemp customer Rose Lane and North Carolina-based hemp producer and distributor Franny’s Operations argues that if not halted, the law “will cause millions of dollars of irreparable harm” and “cause the Banned Products to be unavailable in the Commonwealth, exacerbating potential health problems to thousands of Virginians.”

The plaintiffs argue that the state’s definition of legal hemp conflicts with the federal definition — cannabis with less than 0.3% of specifically delta-9 THC content. Virginia’s law, in contrast, defines legal hemp products as those with less than 0.3% total THC content, which includes not just the most common delta-9, but also the milder delta-8 strain and all other natural and synthetic isomers combined.

The complaint says this puts state law in direct conflict with federal law, running afoul of the U.S. Constitution’s supremacy clause.

Northern Virginia Hemp and Agriculture said the new law has caused the loss of 90% of its business because nearly all of the products it manufactured and sold prior to July 1 are now banned.

READ MORE ON VIRGINIAMERCURY.COM >>>

Copyright 2023 WWBT. All rights reserved.