Is CBD Oil legal in Virginia?
The key to understanding the legal situation of CBD is to know the difference of where it is sourced from. CBD can be derived from marijuana or hemp. Both are cannabis plant varieties. The thing that makes a difference is the levels of THC.
THC is the compound of the plant known for its psychoactive properties – it gives users the “high” effect. While CBD derived from marijuana is rich in THC, CBD Hemp Oil has only a trace amount of that chemical component, usually below 0.3%.
Marijuana-based CBD is legal for patients with specific medical conditions. Another limitation is that CBD must contain no more than 5% THC and at least 15% of CBD.
Yet, CBD derived from hemp is protected by the 2018 Farm Bill, which made hemp products legal on the federal level. Right now Virginia doesn’t have any laws specific to CBD other than the ones for the medical cannabis program.
Why is CBD sometimes illegal?
The 1970 Federal Controlled Substances Act (CSA) created a schedule of various drugs that are considered illegal, and their respective potential for abuse and addiction, as well as any medicinal benefits. Under the CSA, all forms of the plant cannabis sativa, including hemp, were classified as a Schedule I controlled substance, which defined cannabis as a substance with a high potential for abuse, no medicinal benefits, and a likelihood for addiction.
The Hemp Farming Act of 2018 legalized the cultivation and production of hemp, altering the definition of hemp to create a separate, legal pathway for hemp to be removed from the Schedule I category. Hemp is now defined as cannabis containing no more than .3%THC by weight, while marijuana is defined as cannabis containing more than .3% THC. Hemp-derived CBD was declassified from the Controlled Substances Act through the passage of the Hemp Farming Act of 2018, but CBD derived from the marijuana plant is still considered a Schedule I controlled substance and is still illegal at a federal level.
The Hemp Farming Act of 2018 also preserved the rights of the US Food and Drug Administration to maintain authority over the CBD labeling, therapeutic claims, and the use of CBD as a food additive. The FDA has taken a firm stance against allowing hemp CBD to be added to food or beverage products, while also maintaining that CBD should not be advertised as a dietary supplement. They are in the process of re-evaluating the regulations on hemp-derived CBD products. However, they have yet to lay out specific regulations prohibiting such measures, leading to a great deal of confusion in the market. In July of 2019, the FDA issued a warning letter to hemp CBD company, Curaleaf, outlining the various ways the company was violating regulations.
Thus, even hemp-derived CBD remains heavily regulated by the federal government. Another stipulation of the Hemp Farming Act of 2018 is that each state is allowed to make their own specific rules and regulations regarding the sales and distribution of hemp-derived CBD products, and state jurisdictions retain the right to restrict or prohibit the cultivation and commerce of hemp products. In addition, states may attempt to regulate food, beverages, dietary supplements, and cosmetic products containing hemp CBD, regardless of the final rules laid out by the FDA.
Virginia CBD laws
Although Virginia has always had very strict laws regarding marijuana, there has long been interest in hemp in Virginia. In 1997, Virginia passed House Joint Resolution 565, which allowed for a six member joint subcommittee to study the economic benefits of, and barriers to, the production of industrial hemp in Virginia.
After the success of HJ 656, in 1999, HJ 94 was passed to memorialize the Secretary of Agriculture, the Director of the Drug Enforcement Administration, and the Director of the Office of National Drug Control Policy to permit the controlled experimental cultivation of industrial hemp in Virginia. This was effectively a legal loophole, as federal law restricted the cultivation of hemp at the time, but by placing federal agencies in control of the program, cultivation was permitted with restrictions.
As it slowly became clear that hemp could be an economic boon for the rural communities in Virginia, the state made more moves to further the cultivation and production of hemp. In 2001, HJ 605 requested that the Commission on Rural Prosperity consider the cultivation of hemp as a means to promote rural prosperity.
In 2015, Governor Terry McAuliffe signed Senate Bill 955 into law. SB 955 created a university-run research program and sought to redefine hemp as the plant cannabis sativa with a concentration of THC no more than .3% as allowed under federal law. The bill also directed the Commissioner of the Department of Agriculture and Consumer Services to draft the relevant rules and regulations for the program and to give higher institutions the authority to establish industrial hemp cultivation programs.
Over the next few years, more legislation was introduced to further define the newly established industrial hemp cultivation program. In 2016, House Bill 699 clarified several aspects of the program: that no person with a license may be prosecuted for the cultivation, manufacturing, processing, sales, or distribution of industrial hemp products, and authorized the Board of Agriculture and Consumer Services to adopt regulations for a licensing program.
In 2018, House Bill 532 was passed to further lift restrictions on the industrial hemp cultivation program, but lacked the necessary compliance with the Hemp Farming Act of 2018, so it was swiftly followed up by Senate Bill 247, which replaced the current licensing system, ensuring that Virginia was in compliance with the Hemp Farming Act.
Virginia’s Plan to Regulate Hemp Production was submitted on January 15, 2020, and is currently under review by the USDA,
Virginia Licensing Requirements
To legally possess hemp plants, hemp seeds, hemp microgreens, hemp leaves or hemp flowers in the state of Virginia, you must be a registered Industrial Hemp Grower, Dealer, or Processor, or an agent affiliated with the registrant for the purposes of growing, dealing, or processing hemp.
The registrations expire within one year of being issued, and must be renewed annually.
The Industrial Hemp Grower Application both to start and for each renewal costs $50. A registered Industrial Hemp Grower is required to submit a planting report within 14 days of planting seeds, clones, or cuttings. If you plant multiple times throughout the growing season, you will need to submit multiple planting reports.
If you are planning to add or change field locations, you will also need to submit an Industrial Hemp Registration Change Form.
To become an Industrial Hemp Dealer, you must submit an Industrial Hemp Dealer Registration Application. This is necessary for anyone who plans to buy and sell industrial hemp to a person who processes industrial hemp.
To become an Industrial Hemp Processor, you must submit an Industrial Hemp Processor Application. With this license, you may purchase industrial hemp from a licensed Hemp Dealer, and process it into hemp products.
Registered Growers, Dealers, and Processors may submit an “Agent Documentation” form for each agent working closely with industrial hemp, but this is not a requirement for the program. This is for documentation purposes and to avoid any legal difficulty.
For any other questions related to registration, the Virginia Department of Agriculture and Consumer Services offers an Industrial Hemp Registration Guide.
HOW TO GET CBD IN VIRGINIA
Citizens of Virginia can buy CBD from local head shops, smoke shops and food stores. Some retailers also have CBD products in their offer. The other option is purchasing those products online and having them delivered home.
IS IT LEGAL TO …
BUY CBD IN VIRGINIA ONLINE YES
Any U.S. citizen can make an online purchase of CBD Hemp Oil anywhere in the country.
BUY CBD IN VIRGINIA OFFLINE YES
You can buy CBD products in many places, like food stores, head shops and dispensaries.
GROW CBD IN VIRGINIA YES
BUY PRODUCTS CONTAINING ABOVE 0.3% OF THC FOR MEDICAL USE YES
BUY PRODUCTS CONTAINING ABOVE 0.3% OF THC FOR RECREATIONAL USE NO