• 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.

Resources

• Food Manufacturers, Distributors, Retail Food Establishments, and Industrial Hemp Registrants Memo (pdf)
• Questions regarding an industrial hemp extract or a food containing an industrial hemp extract?
  VDACS’s Food Safety Program
  hempenforcement@vdacs.virginia.gov
• Questions regarding the industrial hemp grower, processor, or handler registrations?
  VDACS’s Industrial Hemp Program
  hemp@vdacs.virginia.gov
• Questions regarding the Virginia Consumer Protection Act (VCPA) or the sale of a synthetic derivative of THC? The VCPA is enforced by the Office of the Attorney General. If you have questions regarding the VCPA, you should consult your own legal counsel.

Additional Amendments

Amendments to the Industrial Hemp Law that become effective at a future date*:

• A Regulated Hemp Product Retail Facility Registration will be required in order to sell a hemp product intended for smoking or an edible hemp product.
• 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.

*These requirements will become effective when the Commissioner of the Department of Agriculture and Consumer Services (VDACS) provides notice to the Virginia Code Commission that VDACS has established the registration process necessary to implement these requirements. The establishment of this program is dependent upon multiple factors, including the agency’s ability to hire new staff and develop the systems needed for the efficient operation of this program. At this time, VDACS is not able to estimate when this program will be established.

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