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Federal Court in Virginia Upholds Virginia Law Restricting the Sale of Hemp Products

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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Oberman Law Firm represents clients in a wide range of practice areas, including private equity, M&A, healthcare, corporate transactions, intellectual property, data privacy and security, regulatory compliance and governance, cross-border transactions, labor and employment, construction law, litigation, private clients’ services, corporate restructuring, and white-collar and governmental disputes.

As a firm, we offer the highest quality legal advice coupled with extraordinary and tailored service to deliver exceptional results to our clients. Our philosophy is to invest deeply in the brightest legal talent and build dynamic teams that operate at the pinnacle of respective practice areas. We believe in empowering our attorneys, encouraging entrepreneurialism, operating ethically and with integrity, and collaborating to bring the very best to every client engagement. These principles have guided us in building extraordinary and successful long-term partnerships with our clients.

Stuart J. Oberman is the founder and President of Oberman Law Firm. Mr. Oberman graduated from Urbana University and received his law degree from John Marshall Law School. Mr. Oberman has been practicing law for over 30 years, and before going into private practice, Mr. Oberman was in-house counsel for a Fortune 500 Company. <strong><a href="https://obermanlaw.com/people/stuart-j-oberman/"><span style="color: #0059b8;">Read More =></span></a></strong>