Virginia hemp businesses seek to block new THC rules

(The Center Square) – Seven Virginia hemp businesses are asking a federal judge to block new restrictions set to take effect Saturday, arguing the change will leave them with products they can no longer legally sell in the Commonwealth.

A hearing is scheduled Wednesday in Roanoke on their request for a temporary restraining order and preliminary injunction.

The lawsuit challenges a provision in Virginia’s new state budget that eliminates what is known as the 25-to-1 exception for hemp products.

Under current law, some hemp products can contain more than 2 milligrams of total THC per package as long as they contain at least 25 times as much CBD as THC.

That exception goes away Aug. 15. Hemp products manufactured or sold in Virginia will then be limited to 2 milligrams of total THC per package.

The restrictions were included in the state budget passed in June as lawmakers worked to avoid a government shutdown. The final budget package was approved without public committee hearings on the hemp changes, industry testimony or an opportunity for floor amendments.

The businesses argue the change gave them little time to adjust and will leave them with products that were legal when they were made or purchased but can no longer be sold in Virginia.

The lawsuit was filed July 31 in U.S. District Court for the Western District of Virginia by Northern Virginia Hemp & Agriculture and six other hemp businesses.

They argue the change violates their constitutional rights.

The businesses are asking U.S. District Judge Robert S. Ballou to stop enforcement while the case moves forward.

Ballou ordered expedited proceedings because the businesses are seeking emergency relief before the restrictions take effect.

The court has scheduled a hearing for 11 a.m. Wednesday.

Several businesses say they stand to lose significant amounts of inventory.

Northern Virginia Hemp & Agriculture says it has more than $735,000 in inventory that could become commercially worthless under the new restrictions, according to a sworn declaration filed by its owner.

Cypress Hemp II says about $1.43 million of its inventory is affected, while Pure Elkton Manufacturing says about $250,000 of its inventory is affected.

The figures were provided by the businesses in court filings.

The lawsuit names Gov. Abigail Spanberger, Attorney General Jay Jones, state agriculture officials, the Virginia Cannabis Control Authority and several Commonwealth’s Attorneys as defendants.

The other plaintiffs are Redfern Hemp Co., District Hemp Botanicals, Wellness Warriors and Simply Hemp.

This post was originally published on The Center Square.

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