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2023 SESSION
HB 2294 Industrial hemp; regulated hemp products, etc.
Introduced by: Terry G. Kilgore | 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
- 01/11/23 House: Prefiled and ordered printed; offered 01/11/23 23101465D pdf | impact statements
- 02/03/23 House: Committee substitute printed 23106339D-H1 pdf | impact statements
- 02/10/23 Senate: Committee substitute printed 23106591D-S1 pdf
- 02/14/23 Senate: Committee substitute printed 23106859D-S2 pdf | impact statement
- 02/24/23 House: Conference substitute printed 23107328D-H2 pdf | impact statement
- 03/07/23 House: Bill text as passed House and Senate (HB2294ER) pdf | impact statement
- 03/27/23 House: Governor's substitute printed 23107774D-H3 pdf | impact statement
- 04/12/23 House: Reenrolled bill text (HB2294ER2) pdf
- 04/12/23 Governor: Acts of Assembly Chapter text (CHAP0794) pdf
AMENDMENTS
- House subcommittee amendments and substitutes offered
- House subcommittee amendments and substitutes adopted
- Conference amendments
- Governor's recommendation
HISTORY
- 01/11/23 House: Prefiled and ordered printed; offered 01/11/23 23101465D
- 01/11/23 House: Referred to Committee for Courts of Justice
- 01/28/23 House: Assigned Courts sub: Subcommittee #2
- 01/30/23 House: Subcommittee recommends reporting (4-Y 3-N)
- 01/30/23 House: Subcommittee recommends referring to Committee on Appropriations
- 02/01/23 House: Failed to report refer to Appropriations (defeated) in Courts of Justice (9-Y 11-N)
- 02/03/23 House: Reconsidered by Courts of Justice
- 02/03/23 House: Assigned Courts sub: Subcommittee #1
- 02/03/23 House: Subcommittee recommends reporting with substitute (8-Y 0-N)
- 02/03/23 House: Reported from Courts of Justice with substitute (17-Y 3-N)
- 02/03/23 House: Committee substitute printed 23106339D-H1
- 02/05/23 House: Read first time
- 02/06/23 House: Read second time
- 02/06/23 House: Committee substitute agreed to 23106339D-H1
- 02/06/23 House: Engrossed by House - committee substitute HB2294H1
- 02/07/23 House: Read third time and passed House (91-Y 7-N)
- 02/07/23 House: VOTE: Passage (91-Y 7-N)
- 02/08/23 Senate: Constitutional reading dispensed
- 02/08/23 Senate: Referred to Committee on Rehabilitation and Social Services
- 02/10/23 Senate: Reported from Rehabilitation and Social Services with substitute (13-Y 2-N)
- 02/10/23 Senate: Committee substitute printed 23106591D-S1
- 02/10/23 Senate: Rereferred to Finance and Appropriations
- 02/14/23 Senate: Reported from Finance and Appropriations with substitute (11-Y 4-N 1-A)
- 02/14/23 Senate: Committee substitute printed 23106859D-S2
- 02/14/23 Senate: Constitutional reading dispensed (40-Y 0-N)
- 02/15/23 Senate: Read third time
- 02/15/23 Senate: Reading of substitute waived
- 02/15/23 Senate: Committee substitute agreed to 23106591D-S1
- 02/15/23 Senate: Substitute from Finance and Appropriations is ruled out of order 23106859D-S2
- 02/15/23 Senate: Defeated by Senate (18-Y 21-N)
- 02/15/23 Senate: Reconsideration of defeated action agreed to by Senate (39-Y 0-N)
- 02/15/23 Senate: Passed by temporarily
- 02/15/23 Senate: Engrossed by Senate - committee substitute HB2294S1
- 02/15/23 Senate: Passed Senate with substitute (23-Y 17-N)
- 02/17/23 House: Senate substitute rejected by House 23106591D-S1 (31-Y 66-N 1-A)
- 02/17/23 House: VOTE: REJECTED (31-Y 66-N 1-A)
- 02/20/23 Senate: Senate insisted on substitute (40-Y 0-N)
- 02/20/23 Senate: Senate requested conference committee
- 02/21/23 House: House acceded to request
- 02/21/23 House: Conferees appointed by House
- 02/21/23 House: Delegates: Kilgore, Leftwich, Herring
- 02/22/23 Senate: Conferees appointed by Senate
- 02/22/23 Senate: Senators: Hanger, Favola, Ebbin
- 02/24/23 Conference: Amended by conference committee
- 02/24/23 House: Conference substitute printed 23107328D-H2
- 02/24/23 House: Conference report agreed to by House (85-Y 9-N)
- 02/24/23 House: VOTE: Adoption (85-Y 9-N)
- 02/24/23 Senate: Conference report agreed to by Senate (23-Y 17-N)
- 03/07/23 House: Enrolled
- 03/07/23 House: Bill text as passed House and Senate (HB2294ER)
- 03/08/23 House: Signed by Speaker
- 03/08/23 Senate: Signed by President
- 03/13/23 House: 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 House: Governor's recommendation received by House
- 03/27/23 House: Governor's substitute printed 23107774D-H3
- 04/12/23 House: Placed on Calendar
- 04/12/23 House: Pending question ordered
- 04/12/23 House: House concurred in Governor's recommendation (52-Y 42-N)
- 04/12/23 House: VOTE: Adoption (52-Y 42-N)
- 04/12/23 Senate: Senate concurred in Governor's recommendation (31-Y 9-N)
- 04/12/23 Governor: Governor's recommendation adopted
- 04/12/23 House: Reenrolled
- 04/12/23 House: Reenrolled bill text (HB2294ER2)
- 04/12/23 House: Signed by Speaker as reenrolled
- 04/12/23 Senate: Signed by President as reenrolled
- 04/12/23 House: Enacted, Chapter 794 (effective - see bill)
- 04/12/23 Governor: Acts of Assembly Chapter text (CHAP0794)