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2023 SESSION

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HB 2294 Industrial hemp; regulated hemp products, etc.

Introduced by: Terry G. Kilgore | all patrons    ...    notes | add to my profiles | history

SUMMARY AS ENACTED WITH GOVERNOR'S RECOMMENDATION:

Tetrahydrocannabinol; hemp products; packaging, labeling, and testing; penalties. Limits the amount of tetrahydrocannabinol (THC) that can be included in a hemp product or industrial hemp extract to 0.3 percent and two milligrams per package. The bill limits the application of such THC limits to retail sales and allows a hemp product or industrial hemp extract to contain more than two milligrams of THC if the product or extract contains an amount of cannabidiol (CBD) that is at least 25 times greater than the amount of THC; however, the bill prohibits hemp processors from selling industrial hemp or a substance containing an industrial hemp extract to a person if the processor knows or has reason to know that such person will use the industrial hemp or substance containing an industrial hemp extract in a substance that violates the aforementioned THC limits.

The bill creates a regulated hemp product retail facility registration, which carries an annual fee of $1,000, and requires persons to obtain such registration from the Commissioner of the Department of Agriculture and Consumer Services prior to offering for sale or selling regulated hemp products, as defined in the bill, or any substance intended for consumption that is advertised or labeled as containing an industrial hemp-derived cannabinoid. The bill creates certain packaging, labeling, and testing requirements for regulated hemp products and requires that topical hemp products bear a label stating that the product is not intended for human consumption. The bill provides the Commissioner with the authority to access registered regulated hemp product retail facilities and any business that offers for sale or sells at retail a substance intended for human consumption that is advertised or labeled as containing a cannabinoid for the purpose of inspections and securing samples. The bill also creates a civil penalty of up to $10,000 per day for the following violations: (i) offering for sale or selling at retail without a regulated hemp product retail facility registration a regulated hemp product or a substance intended for human consumption, orally or by inhalation, that is advertised or labeled as containing an industrial hemp-derived cannabinoid; (ii) continuing to offer for sale or selling at retail a regulated hemp product after revocation or suspension of such registration; (iii) offering for sale or selling at retail a substance intended for human consumption, orally or by inhalation, that contains THC in excess of the applicable limits; or (iv) offering for sale or selling at retail a regulated hemp product that does not meet the applicable packaging, labeling, and testing requirements. The bill (a) clarifies that persons who manufacture, store, sell, or offer for sale an industrial hemp extract or food containing an industrial hemp extract are subject to the existing food and drink permit requirement and (b) requires such persons to indicate their intent to manufacture, store, sell, or offer for sale an industrial hemp extract or food containing an industrial hemp extract on such permit application. The bill also creates labeling, packaging, and testing requirements for industrial hemp extracts and foods containing an industrial hemp extract.

The bill creates a civil penalty of $10,000 for the following: (1) manufacturing, selling, or offering for sale an industrial hemp extract or food containing an industrial hemp extract without a permit; (2) continuing to manufacture, sell, or offer for sale an industrial hemp extract or food containing an industrial hemp extract after revocation or suspension of such permit; (3) failing to disclose on a form prescribed by the Commissioner that he intends to manufacture, sell, or offer for sale a substance intended to be consumed orally that contains an industrial hemp-derived cannabinoid; (4) manufacturing, selling, or offering for sale a food that contains more than 0.3 percent of THC or more than two milligrams of THC per package; (5) manufacturing, offering for sale, or selling in violation of food and drink laws or regulations a substance intended to be consumed orally that is advertised or labeled as containing an industrial hemp-derived cannabinoid; or (6) otherwise violating any provision of the Commonwealth's food and drink laws or regulations. The bill also makes it a Class 1 misdemeanor to engage in such actions, except for those set forth in clause (4). The bill makes it unlawful under the Virginia Consumer Protection Act to (A) sell or offer for sale any substance intended for human consumption that contains a synthetic derivative of THC or (B) sell or offer for sale a topical hemp product that does not include a label stating that the product is not intended for human consumption. The bill also increases existing civil penalties for certain hemp-related violations.

The bill provides that certain regulated hemp product provisions related to retail facility registrations, packaging, labeling, and testing and associated civil penalty provisions shall become effective when the Commissioner provides notice to the Virginia Code Commission that the Department has established the registration process. The bill removes tetrahydrocannabinol from the list of Schedule I controlled substances and contains other technical amendments.

SUMMARY AS PASSED:

Tetrahydrocannabinol; hemp products; packaging, labeling, and testing; penalties. Limits the amount of tetrahydrocannabinol (THC) that can be included in a hemp product or industrial hemp extract to 0.3 percent and two milligrams per package. The bill (i) clarifies that persons who manufacture, store, sell, or offer for sale an industrial hemp extract or food containing an industrial hemp extract are subject to the existing food and drink permit requirement and (ii) requires such persons to indicate their intent to manufacture, store, sell, or offer for sale an industrial hemp extract or food containing an industrial hemp extract on such permit application. The bill also creates labeling, packaging, and testing requirements for industrial hemp extracts and foods containing an industrial hemp extract. The bill creates a civil penalty of $10,000 for the following: (a) manufacturing, selling, or offering for sale an industrial hemp extract or food containing an industrial hemp extract without a permit; (b) continuing to manufacture, sell, or offer for sale an industrial hemp extract or food containing an industrial hemp extract after revocation or suspension of such permit; (c) failing to disclose on a form prescribed by the Commissioner of the Virginia Department of Agriculture and Consumer Services that he intends to manufacture, sell, or offer for sale a substance intended to be consumed orally that contains an industrial hemp-derived cannabinoid; (d) manufacturing, selling, or offering for sale a food that contains more than 0.3 percent of THC or more than two milligrams of THC per package; (e) manufacturing, offering for sale, or selling in violation of food and drink laws or regulations a substance intended to be consumed orally that is advertised or labeled as containing an industrial hemp-derived cannabinoid; or (f) otherwise violating any provision of the Commonwealth's food and drink laws or regulations. The bill also makes it a Class 1 misdemeanor to engage in such actions, except for those set forth in clause (d). The bill makes it unlawful under the Consumer Protection Act to (1) sell or offer for sale any substance intended for human consumption that contains a synthetic derivative of THC or (2) sell or offer for sale a topical hemp product that does not contain a bittering agent, does not include a label stating that the product is not intended for human consumption, or contains more than 0.3 percent THC. The bill also increases existing civil penalties for certain hemp-related violations. The bill removes tetrahydrocannabinol from the list of Schedule I controlled substances and contains other technical amendments.

SUMMARY AS PASSED HOUSE:

Tetrahydrocannabinol; industrial hemp; regulated hemp products. Establishes product packaging, labeling, and testing requirements for such products, and creates a civil penalty of up to $1,000 for certain violations relating to such products. The bill requires that laboratories that test hemp products that are consumed orally or by inhalation have a registration with the U.S. Drug Enforcement Administration. The bill requires any person who manufactures an industrial hemp extract, as defined in the bill, or food containing an industrial hemp extract to obtain a permit from the Commissioner of Agriculture and Consumer Services and creates a Class 1 misdemeanor and a civil penalty of up to $10,000 for certain violations.

The bill caps the total tetrahydrocannabinol in an industrial hemp extract product when offered for retail sale at a total tetrahydrocannabinol concentration that is no more than 0.3 percent and contains no more than two milligrams of total tetrahydrocannabinol per package. The bill also clarifies that the definition of marijuana does not include any substance containing tetrahydrocannabinol that has been placed by the Board of Pharmacy into one of the schedules set forth in the Drug Control Act. The bill increases the civil penalty for certain actions relating to sales of cigarettes and hemp products from $50 to $500. The bill also removes tetrahydrocannabinol from the Schedule I list of controlled substances and permits the Board of Pharmacy to schedule, deschedule, or reschedule a tetrahydrocannabinol isomer, ester, ether, salt, except delta-9-tetrahydrocannabinol, or salts of such isomer, ester, or ether in accordance with the provisions of the bill.

SUMMARY AS INTRODUCED:

Marijuana; tetrahydrocannabinol; hemp products; civil penalty. Modifies the definition of "marijuana" in drug laws, the Cannabis Control Act, and the Drug Control Act to (i) include any substance containing (a) a total tetrahydrocannabinol concentration that exceeds 0.3 percent or (b) more than one milligram of tetrahydrocannabinol per 100 grams of total product weight and (ii) exclude certain hemp products. The bill defines "tetrahydrocannabinol" to include any naturally occurring or synthetic tetrahydrocannabinol, including its salts, isomers, or salts of isomers, and removes references in the Code to delta-9 tetrahydrocannabinol. The bill directs the Board of Agriculture and Consumer Services to adopt regulations that require hemp products not intended for human consumption, orally or by inhalation, to include a bittering agent that renders the products unpalatable. The bill creates a $5,000 civil penalty for persons that willfully commit a second or subsequent violation of certain provisions of the Virginia Consumer Protection Act related to products containing tetrahydrocannabinol.