VA Judge Denies Block on Law Cappin’ Delta-8 & Total THC in Hemp Goodies

Yo, what up fam? So check it, ever since the 2018 Farm Bill came through and gave the green light for hemp production, the hemp-derived cannabinoid game has been blowin’ up all across the nation. And let me tell you, Virginia is the latest state to get in on the action, but they ain’t playin’ around when it comes to THC. They just passed a new law that imposes stricter limits on hemp products with high levels of THC, and some people ain’t happy about it.

See, a couple of hemp businesses and a consumer filed a lawsuit back in September, tryna challenge these new rules that kicked in on July 1. The regulations basically say that hemp-derived products can only have 0.3% THC, a total of 2 mg of THC, and a CBD-to-THC ratio of at least 25:1. That’s some serious restrictions right there.

Now, these new rules straight-up made almost all delta-8 THC products illegal in Virginia. No cap. But don’t get it twisted, you can still cop ’em online if you know where to look. But yo, a bunch of hemp businesses got hit with hefty fines and ended up bouncin’ outta the state ’cause of this law. It’s a tough pill to swallow, my G.

One of the businesses that took this fight to court is Northern Virginia Hemp and Agriculture. They claim they lost like 90% of their sales because of this law. And then you got Franny’s Farmacy outta North Carolina. They said they can’t even legally ship their products to or through Virginia anymore. And let’s not forget about Rose Lane, just a regular person tryna alleviate her pain from arthritis. She said this law is keepin’ her from getting her hands on that delta-8 THC she needs.

Now here’s where things get interesting. The hemp businesses and the pros in the game been sayin’ that Virginia overstepped its bounds by regulating hemp in a way that don’t jive with federal law and messes with interstate commerce. But this U.S. District Judge, Leonie M. Brinkema, she ain’t tryna hear none of that. In her 27-page opinion, she was like, “Nah fam, Virginia’s actually tryna protect its people from substances like delta-8 THC. Especially the vulnerable ones, like kids, who could end up in the hospital or get poisoned.”

The lawsuit also argued that Virginia went against federal law by allowing some hemp products that are banned at the federal level. But Judge Brinkema shut that down real quick. She said just ’cause something legal at the federal level don’t mean every state gotta make it legal too. And just ’cause a product got hemp in it don’t mean every state gotta give it the green light.

The judge even dismissed claims about how this law messes with interstate commerce. She pointed out that Virginia still lets hemp businesses transport their federally compliant products through the state. And she called out Franny’s Farmacy for talkin’ about diverted transport without actually provin’ it happened.

Long story short, the judge denied the request for an injunction on this new law. Translation: the law stays in effect while the lawsuit keeps goin’. It’s a tough break for the hemp industry, but they ain’t down for the count just yet.

So there you have it, folks. Virginia’s crackin’ down on THC in hemp products and the hemp industry is fightin’ back. Only time will tell how this all plays out. Until then, keep your eyes peeled for any updates ’cause this battle ain’t over yet.

Stay lit, my friends.
Peace out,
Dan