Virginia’s Unique Hemp Laws
Virginia’s hemp laws, particularly as amended in 2023 and with further changes in 2024, exhibit several unique characteristics that set them apart from those of some other states. Here’s a breakdown based on the provided information:
Imagine you’re a VA retailer trying to make sure that a new type of snack is safe and consistent. That’s kind of what Virginia is doing with edible hemp products! They’ve set some very specific rules about how much of certain ingredients can be in these snacks, almost like a recipe with strict measurements. For example, they’re saying that if a snack has a certain amount of one ingredient (THC), it needs to have a lot more of another (CBD) to balance it out. To be exact, Virginia sets a ratio of one part THC to every 25 parts CBD, which we call in the industry as “25 to 1.”
This helps keep things mild and predictable. Plus, if you’re making or selling these snacks, you need to tell the state what’s in them and might even need a special permit, just like a food truck or restaurant. Think of it as making sure everything is labeled correctly and safe to eat!
Regulated vs Non-Regulated Hemp Products
Here’s the catch. Not all hemp products are regulated the same. Products meant for human consumption fall under the purview of the Virginia Department of Agriculture and Consumer Services’ (VDACS) Hemp Enforcement Program. This includes all snacks, edibles, beverages and any/all foods that contain cannabinoids.
Moreover, Virginia law prohibits the manufacturing or retail sale of industrial hemp extracts, foods containing these extracts, or substances containing THC that are shaped like humans, animals, vehicles, or fruit. This measure aims to reduce the appeal of these products to children.
But CBD topicals, as well as, CBD pet products are exempt as long as they follow a few rules prescribed by the State.
Mandatory Regulations for Topical Hemp Products?
Virginia law defines a “topical hemp product” as any hemp product designed for external application, including creams, lotions, balms, and sprays. It’s crucial to note that these products are not intended for oral consumption or inhalation.
To further protect consumers, the Virginia Consumer Protection Act (VCPA) mandates that all topical hemp products sold in the state must carry a specific label: “not intended for human consumption.” This clear directive helps prevent accidental ingestion.
The VCPA, established in 1977 and updated over time, primarily aims to “promote fair and ethical standards of dealing between suppliers and the consuming public.” In essence, it works to guarantee honest and fair interactions between businesses and consumers in Virginia.
Relevant Regulations Hemp Pet Products?
In Virginia, producers of pet food and treats, including hemp-based products, must obtain licenses and permits through the Agricultural Commodities Program at the Virginia Department of Agriculture and Consumer Services (VDACS) Office of Plant Industry Services.
This means that while hemp pet treats and tinctures are not regulated by Virginia’s Hemp Enforcement program, they are still subject to strict state standards to ensure animal safety. Consumers are encouraged to research individual brands thoroughly.
Retail Facility Registration for VA Retailers
The essential takeaway for Virginia retailers of compliant hemp products is this: if you sell any hemp product for human consumption, you must register your retail facility. This registration incurs an annual fee of $1,000 per location.
Hemp Product Retail Facility Registration Application – Form Link
Learn How to Sell Compliant Hemp Products in Virginia – Redfern Article
Consequently, a business operating multiple retail locations under a single legal entity, for example, a wellness market with three sites in Virginia, will need to register each individual location, totaling $3,000 annually.
Register All Off-Site Events with Hemp Sales
Virginia retailers selling hemp foods, edibles, and tinctures at locations like farmers markets must be aware that registration of these off-site events is mandatory. Selling without registration exposes you to significant fines, potentially $10,000 per violation. It is crucial for your establishment or brand to prioritize compliance; every off-site sales location must be registered with the State to avoid being considered non-compliant and operating illegally.
Furthermore, the registration fee applies to each specific event your company participates in. Virginia’s hemp regulations treat any new location where hemp products are sold as a distinct retail establishment.
So What Can I sell Without a Hemp Registration?
If you’re not yet ready to fully engage with Virginia’s Hemp Enforcement Program, you can still participate in the growing hemp market. You can sell topical products and pet products not intended for human consumption without registration.
With those legal considerations addressed, Redfern Hemp Co. is pleased to offer a wide range of hemp products. Many of our best-selling items are high-quality topicals and pet products. The remainder of this article will detail the specific Redfern products you can sell without registering with VDACS’ Hemp Enforcement Program.
Redfern’s Topicals & Soaps
In Virginia, “Topical hemp products” are legally defined as those applied externally (rubbed, poured, sprinkled, or sprayed) and not intended for consumption or inhalation. Examples include lotions, soaps, creams, and body butter.
This means your Virginia business can easily offer Redfern’s Craft Soaps and Body Butters without needing to register with the state’s Hemp Enforcement Program.
Redfern’s Craft Soaps
Crafted with care by premium hand-made soap maker, Stash Soapery, each bar of Redfern’s Craft Soap is beautifully scented and made with love. Discover three colorful choices: the cosmic Space Cadet, the groovy Purple Haze, or the dependable Down To Earth.
Redfern’s Body Butter
Redfern’s Body Butter has a loyal following, with some customers considering it a must-have. Its fast-absorbing, non-greasy formula is unscented and works quickly.
Choose from two convenient sizes (2 or 4 ounces) and two effective formulations:
- Premium Body Butter: A potent blend of cannabinoids including THC, CBD, and CBG.
- CBD Only Body Butter: Enhanced with CBG, which many customers find significantly boosts the product’s benefits. For customers prioritizing zero THC exposure due to potential drug testing concerns, the THC-FREE option provides peace of mind, despite limited evidence regarding topical absorption and drug tests.
Redfern’s Pet Products
For VA retailers doing business in Virginia, no registration is required to sell pet products containing hemp extract, allowing you to easily offer Redfern’s Dog Treats and Pet Tinctures in your establishment. Whether you operate a wellness market, pet store, or outdoor outfitter, your customers will appreciate access to effective hemp-based pet products.
Redfern’s Dog Treats
The story behind Redfern’s Pet Tinctures is a personal one. Founder Graham Redfern created his initial formula, Draper’s Choice, for his beloved dog Draper, who was battling cancer and given only weeks to live. In a testament to the tincture’s potential, Draper lived comfortably for over a year. Graham firmly believes in the healing benefits of Draper’s Choice Hemp Pet Tincture, which can be used both orally and topically.
Redfern’s Pet Treats
Treat your canine customers to Redfern’s Dog Treats! Made with delicious, natural ingredients, these irresistible paw-shaped treats contain 10mg of hemp extract each. Each bag holds 20 treats (200mg total) and comes in two tail-wagging flavors: Cheese & Bacon and Peanut Butter.
SOURCES:
https://law.lis.virginia.gov/vacodepopularnames/virginia-consumer-protection-act
https://law.lis.virginia.gov/vacode/3.2-4112
https://www.vpm.org/news/2023-04-13/delta-8-10-regulations-general-assembly-thc