The U.S. Court of Appeals for the Fourth Circuit this month upheld a Virginia law that regulates the sale of hemp products based on their total THC concentration regardless of whether the THC is delta-9, delta-8, or any other form of THC. The law, which was passed in 2023, set the maximum THC concentrations for hemp products sold in the state at 0.3%.
Plaintiffs in the case, Northern Virginia Hemp and Agriculture LLC (“NOVA Hemp”), Franny’s Operations, Inc. (“Franny’s Farmacy”), and Virginia resident Rose Lane, argued that portions of the law imposed a stricter standard on hemp products than the 2018 federal Farm Bill and that federal law preempted those portions of the Virginia statutes. The plaintiffs also claimed the law violated the Dormant Commerce Clause of the U.S. Constitution.
The court rejected the preemption claim on the grounds that federal law “says nothing about the ability of states to regulate the sale of hemp products within their borders” and that the Farm Bill carved out a role for state-by-state regulations. The court also rejected the commerce clause claim, finding that there was no discrimination between in and out-of-state economic interests and that it did not unjustifiability burden the flow of interstate commerce.
The decision upholds the previous district court decision, which upheld the law.
Get daily cannabis business news updates. Subscribe
End