September 24, 2025

VDACS to Begin Retail Inspections of Inhalable Hemp Products
~ Agency's Office of Hemp Enforcement to begin conducting inspections immediately ~

Richmond, Va. - The Virginia Department of Agriculture and Consumer Services (VDACS) Office of Hemp Enforcement has issued a communication to hemp product retailers and producers to notify these entities that inspections and evaluations of inhalable hemp products will begin immediately, in addition to continuing inspections of edible hemp products.

Pursuant to § 3.2-4123, no person shall offer for sale or sell at retail a regulated hemp product unless the following requirements are met:

1. Product is contained in child-resistant packaging, as defined in § 4.1-600, if the product contains tetrahydrocannabinol (THC);
2. Product may not exceed 0.3% THC and may not have more than 2 mg THC unless also containing cannabidiol (CBD) in an amount that is at least 25 times the number of mg of THC.
3. Product is equipped with a label that states:
   1. all ingredients contained in the substance;
   2. the amount of such substance that constitutes a single serving;
   3. the total percentage and milligrams of all THC included in the substance and the total number of milligrams of all THC contained in each serving;
   4. if the substance contains THC, that the product may not be sold to persons under 21 years of age; and
   5. if the product contains THC in an amount greater than two milligrams per package, the label shall also declare the number of milligrams of CBD, which must be at least 25 times the number of milligrams of THC;
4. Accompanied by a certificate of analysis, produced by an independent laboratory that is accredited pursuant to standard ISO/IEC 17025 of the International Organization for Standardization by a third-party accrediting body, that states the total THC concentration of the substance or the total THC concentration of the batch from which the substance originates. The certificate of accreditation to standard ISO/IEC 17025 issued by the third-party accrediting body to the independent laboratory shall be available for review at the location at which the regulated hemp product is offered for sale or sold
5. No person shall offer for sale or sell a regulated hemp product that depicts or is in the shape of a human, animal, vehicle, or fruit.
6. No person shall offer for sale or sell a regulated hemp product that, without authorization, bears, is packaged in a container or wrapper that bears, or is otherwise labeled to bear the trademark, trade name, famous mark as defined in 15 U.S.C. § 1125, or other identifying mark, imprint, or device, or any likeness thereof, of a manufacturer, processor, packer, or distributor of a product intended for human consumption other than the manufacturer, processor, packer, or distributor that did in fact so manufacture, process, pack, or distribute such substance.

Pursuant to § 3.2-4125, VDACS shall have access to a retail facility that offers for sale a hemp product intended for oral consumption or inhalation; and VDACS shall have access to secure samples of any regulated hemp product or substance intended for human consumption or inhalation.

Additionally, any person or business which offers a regulated hemp product for sale must obtain a Hemp Product Retail Facility Registration. Please visit the VDACS Office of Hemp Enforcement webpage at www.vdacs.virginia.gov/food-hemp-product-enforcement.shtml. Any business that has a registration should ensure that its facility remains in compliance and submit a renewal application before the expiration date indicated on the registration. Applications can be submitted to hempregistration@vdacs.virginia.gov with an online payment receipt or by mail with a check or money order.

Businesses should direct edible and inhalable hemp enforcement questions to the Office of Hemp Enforcement at 804.786.1382 or by email to HempEnforcement@vdacs.virginia.gov.