The enthusiasm and popularity of CBD continues to grow, and understandably so. But, whilst it is garnering support in some states, it remains illegal in some others.
The grey areas and inconsistencies in what are permitted across the United States is leading to confusion and uncertainty.
Read on for everything you need to know about CBD and the hemp laws in Virginia.
CBD: What you need to know
To understand the laws surrounding CBD you need to understand what it is and how it’s produced.
CBD (also known as Cannabidiol) references a naturally occurring chemical derived from the hemp or marijuana plant. CBD is extracted from cannabis plants before being diluted with a specific oil, usually coconut or hemp seed.
Although CBD is found in both the marijuana and hemp plants, the hemp strain contains less than 0.3% THC, while marijuana plants tend to have much higher levels of THC, and lower levels of CBD. Consequently, CBD is predominantly manufactured from hemp.
The levels of THC (tetrahydrocannabinol) in a product play a monumental role in the legality of CBD. THC is a compound found within cannabis that is both psychoactive and gives users that feeling of being high. Unlike THC, CBD is not intoxicating and does not result in a high.
The buzz around CBD continues to grow, and so it’s becoming more useful for people across the US to understand more about the laws surrounding this substance.
The Hemp Farming Act 2018
The cannabis plant has a long and checkered history in the United States.
The Farm Bill, initiated in 2014, permitted authorized universities and state agriculture departments to grow and study hemp under strictly controlled conditions. The New Farm Bill was passed in 2018 (also known as the Agriculture Improvement Act of 2018) which saw hemp being removed from the controlled substances list. This resulted in many of the former constraints being abolished. The reformation legalized the cultivation and use of industrial hemp in Virginia. However, the stipulation is that the product must only contain at most 0.3% THC on a dry weight basis. Anything over that amount is classified as marijuana and therefore renders it illegal.
The CBD Laws in Virginia
In America, when the federal government establishes a change to certain laws, individual states have the freedom to abide by the new ruling or create their own legislature to challenge it. This is exactly what happened when the Farm Bill (2018) came into force. Some states opted to respect the Bill, enabling residents to purchase and use CBD products freely. Contrariwise, other states enforced their own statutes making possession either Illegal or restricted.
Virginia has a long and interesting history when it comes to hemp. In 1997 Virginia launched a six-member committee through The House Joint Resolution 656 Act (HJ 656). The purpose of which was to study the economic advantages and drawbacks of cultivating industrial hemp in the state.
In 1999, The House Joint Resolution 94 Act (HJ 94) was passed, permitting the experimental cultivation of industrial hemp.
After the successes of resolutions HJ 656 and HJ 94, federal law brought about The House Joint Resolution 605 Act (HJ 605) in 2001. The act determined that the growth and production of industrial hemp promoted rural affluence.
In 2015 Governor Terry McAuliffe passed Senate Bill 955 (SB 955), legalizing licensed persons to cultivate and grow hemp for lawful purposes. The lawful principles include the manufacture of industrial hemp for scientific, agricultural, and research purposes.
A review of the Senate Bill brought about new changes again in 2018 with the House Bill 532 reducing restrictions on cultivation programs. However, this legislation was in contravention of The Hemp Farming Act of 2018.
So, what is the current status of CBD laws in Virginia? The plan for Virginia to regulate hemp production remains under review by the USDA. However, the presiding stipulation is that“hemp-derived CBD oil products not exceeding 0.3% THC are legal under Virginia law without restriction.”
But the term “without restriction” remains open to interpretation.
What you need to know:
- You can buy CBD in Virginia
- Only CBD derived from the hemp plant, containing less than 0.3% THC is legal in Virginia
- The possession of marijuana products, including marijuana-derived CBD products is illegal in the state of Virginia
It is worth noting that the state currently has a medical cannabis program allowing patients with certain conditions to purchase cannabis oil. However, these individuals must have a written certificate from a licensed doctor and be registered with the Board of Pharmacy.
Buying CBD Legally in Virginia
As per the regulations set out by the Virginia Department of Agriculture and Consumer Services (VDACS), hemp-derived CBD products (including oils, tinctures, and gummies) manufactured for human use are legal in the state.
CBD vape products are only legal if the manufacturers and sellers adhere to the guidelines set out in sections 18.2-371.2 of the Va. Code.
Selling hemp-derived products to persons under 21 years of age, or products produced for animal consumption is not permitted.
The best advice is to only purchase high-quality CBD products from a reputable source. With FAB CBD you can guarantee that all our products are sourced from organically farmed Colorado hemp, containing nothing but the best quality ingredients including carrier and essential oils.
In Virginia, CBD oil products can be purchased at a variety of outlets including local retailers, wellness centers, and dedicated dispensaries. The VDAC’s official website also has a list of the state’s licensed hemp dealers for reference.
Familiarizing yourself with the laws in your state is essential. Not only can it prevent you from accidentally flouting federal law, but not knowing what you’re entitled to means you could be missing out on something useful in your daily regimen.
If you want to know more about CBD and available products, then why not contact us today?