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US (VA): Court rules that lawmakers can limit public access to hemp-derived products

State lawmakers can adopt regulations limiting the public's access to certain hemp-derived products in more stringent ways than those enacted by the federal Farm Bill, according to a decision by the United States Court of Appeals for the Fourth Circuit.

Plaintiffs challenged a Virginia state law (SB 903) limiting the amount of THC that can be included in hemp products or industrial hemp extracts to no more than two milligrams per package. They argued that provisions in the Farm Bill do not permit state governments "to define what constitutes hemp or restrict any THC product that is not also outlawed by federal law."

Judges rejected their argument, opining that the federal law provides states with the "primary regulatory authority over the production of hemp" and that it "expressly permit[s] states to regulate the production of hemp more stringently than federal law."

They wrote: "Congress was clear. Despite the 2018 Farm Bill, the states retain a significant role in the regulation of hemp. … If anything, the 2018 Farm Bill expressly sanctions state regulation."

Judges cautioned that state governments may "not … prohibit the interstate transportation or shipment of hemp that complies with federal law." But they opined that Virginia's hemp law imposes no such prohibition. "Federally licensed producers and growers are protected from criminal liability in transporting federally compliant hemp through Virginia," they determined.

"When the actual language of the statutes is considered, SB 903 is not in direct conflict with the purpose of the Farm Bill. Nor does it pose an obstacle to its purposes," judges concluded.

"This decision is a huge win for common sense and Virginia's families," said Attorney General Jason Miyares. "Harmful counterfeit THC products marketed to children will not be tolerated in the Commonwealth. The safety and wellbeing of our kids must always come first."

In recent years, unregulated manufacturers have engaged in synthesizing hemp-derived CBD into a variety of novel intoxicating products, including delta-8-THC, HHC, and THC-O. This synthetic conversion process often involves the use of potentially dangerous household products. Lab analyses of unregulated products containing delta-8 and similar compounds have consistently found them to contain lower levels of cannabinoids than what is advertised on the products' labels. Some products also possess heavy metal contaminants and unlabeled cutting agents. Other novel compounds, like THC-O, have not been tested for safety in human trials.

Source: Norml

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