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2023 SESSION
SB 903 Industrial hemp; regulated hemp products, etc.
Introduced by: Emmett W. Hanger, Jr. | all patrons ... notes | add to my profiles
SUMMARY AS ENACTED WITH GOVERNOR'S RECOMMENDATION: (all summaries)
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.
FULL TEXT
- 01/05/23 Senate: Prefiled and ordered printed; offered 01/11/23 23102827D pdf | impact statements
- 01/27/23 Senate: Committee substitute printed 23105767D-S1 pdf
- 02/06/23 Senate: Floor substitute printed 23106389D-S2 (Hanger) pdf | impact statements
- 02/13/23 House: Committee substitute printed 23106689D-H1 pdf | impact statements
- 02/24/23 Senate: Conference substitute printed 23107497D-S3 pdf
- 03/07/23 Senate: Bill text as passed Senate and House (SB903ER) pdf | impact statement
- 03/27/23 Senate: Governor's substitute printed 23107772D-S4 pdf | impact statement
- 04/12/23 Senate: Reenrolled bill text (SB903ER2) pdf
- 04/12/23 Governor: Acts of Assembly Chapter text (CHAP0744) pdf
AMENDMENTS
- Senate subcommittee amendments and substitutes offered
- Senate committee, floor amendments and substitutes offered
- Senate amendments not adopted
- Conference amendments
- Governor's recommendation
HISTORY
- 01/05/23 Senate: Prefiled and ordered printed; offered 01/11/23 23102827D
- 01/05/23 Senate: Referred to Committee on Rehabilitation and Social Services
- 01/24/23 Senate: Assigned Rehab sub: Cannabis
- 01/27/23 Senate: Reported from Rehabilitation and Social Services with substitute (10-Y 5-N)
- 01/27/23 Senate: Committee substitute printed 23105767D-S1
- 01/27/23 Senate: Rereferred to Finance and Appropriations
- 02/02/23 Senate: Reported from Finance and Appropriations (11-Y 4-N 1-A)
- 02/03/23 Senate: Constitutional reading dispensed (38-Y 0-N)
- 02/06/23 Senate: Floor substitute printed 23106389D-S2 (Hanger)
- 02/06/23 Senate: Read second time
- 02/06/23 Senate: Committee substitute rejected 23105767D-S1
- 02/06/23 Senate: Reading of substitute waived
- 02/06/23 Senate: Substitute by Senator Hanger agreed to 23106389D-S2
- 02/06/23 Senate: Passed by for the day
- 02/07/23 Senate: Read second time
- 02/07/23 Senate: Reading of amendment waived
- 02/07/23 Senate: Chair rules amendment by Senator Surovell not germane
- 02/07/23 Senate: Ruling of Chair Sustained (20-Y 20-N)
- 02/07/23 Senate: Engrossed by Senate - floor substitute SB903S2
- 02/07/23 Senate: Constitutional reading dispensed (40-Y 0-N)
- 02/07/23 Senate: Passed Senate (25-Y 15-N)
- 02/09/23 House: Placed on Calendar
- 02/09/23 House: Read first time
- 02/09/23 House: Referred to Committee for Courts of Justice
- 02/13/23 House: Reported from Courts of Justice with substitute (16-Y 3-N)
- 02/13/23 House: Committee substitute printed 23106689D-H1
- 02/15/23 House: Read second time
- 02/16/23 House: Read third time
- 02/16/23 House: Committee substitute agreed to 23106689D-H1
- 02/16/23 House: Engrossed by House - committee substitute SB903H1
- 02/16/23 House: Passed House with substitute (81-Y 15-N)
- 02/16/23 House: VOTE: Passage (81-Y 15-N)
- 02/20/23 Senate: House substitute rejected by Senate (0-Y 40-N)
- 02/21/23 House: House insisted on substitute
- 02/21/23 House: House requested conference committee
- 02/22/23 Senate: Senate acceded to request (38-Y 2-N)
- 02/22/23 Senate: Conferees appointed by Senate
- 02/22/23 Senate: Senators: Hanger, Favola, Ebbin
- 02/23/23 House: Conferees appointed by House
- 02/23/23 House: Delegates: Kilgore, Leftwich, Herring
- 02/24/23 Conference: Amended by conference committee
- 02/24/23 Senate: Conference substitute printed 23107497D-S3
- 02/24/23 Senate: Conference report agreed to by Senate (22-Y 18-N)
- 02/24/23 House: Conference report agreed to by House (78-Y 14-N)
- 02/24/23 House: VOTE: Adoption (78-Y 14-N)
- 03/07/23 Senate: Enrolled
- 03/07/23 Senate: Bill text as passed Senate and House (SB903ER)
- 03/08/23 Senate: Signed by President
- 03/08/23 House: Signed by Speaker
- 03/13/23 Senate: Enrolled Bill Communicated to Governor on March 13, 2023
- 03/13/23 Governor: Governor's Action Deadline 11:59 p.m., March 27, 2023
- 03/27/23 Senate: Governor's recommendation received by Senate
- 03/27/23 Senate: Governor's substitute printed 23107772D-S4
- 04/12/23 Senate: Amendments specific and severable (28-Y 12-N)
- 04/12/23 Senate: Senate concurred in Governor's recommendation (33-Y 7-N)
- 04/12/23 House: House concurred in Governor's recommendation (52-Y 41-N)
- 04/12/23 House: VOTE: Adoption (52-Y 41-N)
- 04/12/23 Governor: Governor's recommendation adopted
- 04/12/23 Senate: Reenrolled
- 04/12/23 Senate: Reenrolled bill text (SB903ER2)
- 04/12/23 Senate: Signed by President as reenrolled
- 04/12/23 House: Signed by Speaker as reenrolled
- 04/12/23 House: Enacted, Chapter 744 (effective 7/1/23)
- 04/12/23 Governor: Acts of Assembly Chapter text (CHAP0744)