In 2023, the Office of Hemp Enforcement was formed to enforce the new requirements for certain hemp-derived products. The purpose of this program is to develop and enhance the hemp products industry by implementing and maintaining consistent regulatory oversight of hemp products for human consumption to promote protection of public health.
Amendments to the Code of Virginia impacting hemp products that will take effect on July 1, 2023, include:
- When offered for retail sale, a hemp product may not exceed 0.3 percent total tetrahydrocannabinol (THC) and may not have more than two milligrams of total THC per package unless the product’s cannabidiol (CBD) to THC ratio is at least 25 parts CBD for every one part THC. “Total THC” means all of the THC in a product, including delta-8 and delta-9 THC.
- Any person that intends to manufacture, sell, or offer for sale a substance intended to be consumed orally that contains an industrial hemp-derived cannabinoid must submit an Edible Hemp Products Disclosure Form.
- A VDACS Food Permit may be required to sell these products unless the retail establishment is exempt. A Food Permit is required to manufacture food products.
- Edible hemp products that contain THC must be in child-resistant packaging.
- Edible hemp products must bear a label with specific information and be accompanied by a certificate of analysis produced by an independent, ISO 17025 accredited laboratory. Retailers must have the laboratory’s certificate of accreditation available for review.
- Civil penalties of up to $10,000 per violation of the Food and Drink Law. Civil penalty matrix (pdf).
- Virginia Consumer Protection Act (VCPA) prohibition on the sale or offering for sale of a substance intended for human consumption, orally or by inhalation, that contains a synthetic derivative of THC.
- VCPA prohibition on the sale of a topical hemp product that does not bear specific label language.
Products on this list have been reviewed by VDACS for compliance with July 2023 laws for Edible Hemp Products. Manufacturers/Distributors listed have agreed to ensure the products on this list are compliant.
At the time of review, these products were found to be compliant with Virginia laws and regulations. Retailers continue to be responsible for ensuring any products they sell are in compliance with all current laws. Manufacturers who are interested in being on the list please send a request to hempenforcement@vdacs.virginia.gov.
Beginning November 15, 2024, VDACS will require registrations of entities who wish to offer for sale regulated hemp products intended for human consumption (orally or by inhalation). Pursuant to § 3.2-4122. Regulated hemp product retail facility registration; fee., no person shall offer for sale or sell at retail (i) a regulated hemp product or (ii) a substance intended for human consumption, orally or by inhalation, that is advertised or labeled as containing an industrial hemp-derived cannabinoid without a regulated hemp product retail facility registration.
In order to offer for sale a regulated hemp product in Virginia after November 15, 2024, you must submit the Regulated Hemp Product Retail Facility Registration Application to VDACS.
Mailed in applications must be submitted with a check or money order.
Electronic applications will be accepted for payments made electronically.
Amendments to the Industrial Hemp Law that become effective on November 15, 2024:
- Hemp products intended for smoking must bear a label with specific information and be accompanied by a certificate of analysis produced by an independent, ISO 17025 accredited laboratory. Retailers must have the laboratory’s certificate of accreditation available for review.
- Hemp products intended for smoking that contain THC must be in child-resistant packaging.
Phone: 804-786-1382
Email: hempenforcement@vdacs.virginia.gov
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