Will Virginia restrict CBD sales to ages 21 and up?

Will Virginia restrict CBD sales to ages 21 and up?



As an increasing number of states opt to regulate CBD products, some are treating nonintoxicating cannabinoids as if they were alcohol, tobacco or THC. The U.S. Hemp Roundtable is pushing back.


In Virginia, the state’s newly-established hemp task force met this week to hear testimony. The task force is researching hemp extracts including CBD, and hemp-derived forms of THC like delta-8 and delta-10, which are intoxicating.


The state put regulations on hemp products earlier this year, and is working toward setting up a legal delta-9 cannabis market, reports the Richmond Times-Dispatch.


Jonathan Miller, general counsel for the U.S. Hemp Roundtable, testified at the August 9 meeting. He encouraged lawmakers to regulate hemp-derived THC as adult-use cannabis, but objected to the same restrictions for nonintoxicating cannabinoids.


“We do not oppose the sale of adult-use cannabis,” Miller said. “We don’t believe in prohibition. But we wanted to draw a real distinction here between non-intoxicating and intoxicating products. Most products fall between very trace to about 2 milligrams of THC per serving. Those products do not get you high and find your way into poison control centers.”

“We do not oppose the sale of adult-use cannabis. We don’t believe in prohibition. But we wanted to draw a real distinction here between non-intoxicating and intoxicating products. Most products fall between very trace to about 2 milligrams of THC per serving. Those products do not get you high and find your way into poison control centers.”

— Jonathan Miller, General Counsel, U.S. Hemp Roundtable

Miller noted that the Roundtable is pursuing similar regulatory goals at the federal level. The organization is working with U.S. Congressman Morgan Griffith of Virginia on federal policies that would regulate CBD through the Food and Drug Administration.


“Once Congressman Griffith’s legislation ultimately is successful, a number of the issues that are at discussion today will hopefully be remedied with sound oversight and regulation from the FDA,” Miller said.


In an update to supporters the U.S. Hemp Roundtable called regulations on CBD such as 21-and-up age restrictions “burdensome.”


Virginia isn’t the only state to have suggested such regulations. Minnesota imposed adult-use age restrictions on CBD effective July 1. And the Roundtable has said that the U.S. Senate’s recent effort to make delta-9-rich cannabis legal at the federal level would likely have a similar effect in practice.


This was the second meeting of the Virginia hemp task force. At the first meeting in July, stakeholders in the state’s hemp industry including processors, retailers and customers pushed to keep hemp-derived THC legal. Many had thought new regulations in the state's latest budget would legalize hemp-derived THC. Instead, just before the budget went into effect state agencies announced a crack down hemp-derived THC.


The task force is expected to meet again in September or October, with an initial report on findings ready for review. The group is expected to have recommendations for lawmakers by mid November, ahead of the session beginning January 2023, according to the Times-Dispatch.