The law, which went into effect on July 1, 2023, requires that all hemp products for sale in Virginia contain less than 0.3% total THC and prohibits the sale of intoxicating products, such as those containing delta-8. The law was challenged in court by two business owners and a Virginia resident who sought an injunction to block the state law from going into effect. They argue that the law is illegal because it is more restrictive than the 2018 federal law. The federal law, while restricting the sale of delta-9 THC to 0.3%, does not address other forms of THC, including delta-8. In denying the challengers request for an injunction, the judge reasoned that the language of the federal law states, “Nothing in this subsection preempts or limits any law of a state or Indian tribe that regulates the production of hemp; and is more stringent than this subchapter.” The judge went further, stating that Virginia had “demonstrated that delta-8 THC is a credible threat to the Virginia population, and there is a strong public interest in protecting the citizens of the Commonwealth from substances like delta-8…” The plaintiffs have appealed the judge’s ruling.
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