Virginia Gov. Proposes CBD Carveout for Crackdown on Hemp-Based THC Products

Virginia Gov. Glenn Youngkin (R) is proposing a CBD carveout to a proposed state law that would enact strict regulations on hemp-derived THC products, the Virginia Mercury reports. Under the governor’s plan, hemp products that contain a 25:1 ratio of CBD to THC would not be affected by the broader hemp industry reforms being considered by lawmakers.  

Youngkin spokeswoman Macaulay Porter told the Mercury on Tuesday that the amendment continues the governor’s “efforts to crack down on dangerous THC intoxicants including synthetic products such as delta-8.” 

The bill includes the original measure’s fines of $10,000 per day for businesses selling unlawful or mislabeled products and the $1,000 registration fee for businesses that want to sell edible or smokable hemp products allowed under the law. The bill would also limit THC concentrations to 2 milligrams per package.   

House Speaker Todd Gilbert (R) told the Mercury that the proposed changes follow “feedback from parents whose children have experienced positive benefits from CBD products.” 

“…The substitute also includes a narrowly tailored exemption clarifying that the legislation will not outlaw those therapeutic products. Gov. Youngkin’s substitute takes into account these critically necessary products while going even further to clear store shelves of illegal products responsible for sending children to the hospital.” — Gilbert to the Mercury 

Youngkin’s proposal would also get rid of a provision in the original bill requiring that bittering agents are added to hemp-derived topical products that include CBD. The bill still requires those products to contain a warning label stating that they are “not intended for human consumption.” 

The General Assembly is expected to take up Youngkin’s proposed amendments to the measure next month.