SB 1115

Abstract

Industrial hemp; federal hemp producer license; emergency. Updates Virginia's industrial hemp laws to address the new hemp producer license issued by the U.S. Department of Agriculture. The bill changes drug laws to exclude the industrial hemp possessed by a federally licensed hemp producer from the definition of "marijuana" and to exclude certain amounts of tetrahydrocannabinol (THC) in such industrial hemp from the prohibition on THC. The bill exempts federally licensed hemp producers from state industrial hemp registration requirements and adds such producers to the list of those eligible to receive funds from the Tobacco Indemnification and Community Revitalization Fund.The bill makes other changes to industrial hemp laws, including (i) excluding from the definition of "dealer" any retail establishment that sells a completed product containing industrial hemp; (ii) making optional the monitoring and random testing of industrial hemp by the Commissioner of Agriculture and Consumer Services and authorizing the random sampling of such hemp; (iii) removing the requirement that the Attorney General of the United States be notified when a Virginia grower, dealer, or processor exceeds the federal THC limit; and (iv) directing the Commissioner to adopt regulations establishing a fee structure for registration.Finally, the bill exempts employees of the Virginia Department of Agriculture and Consumer Services from prosecution for possession or distribution of industrial hemp when possession is necessary in the performance of their duties. The bill contains an emergency clause.

Industrial hemp; increase maximum THC concentration. Increases the maximum tetrahydrocannabinol (THC) concentration inindustrial hemp from the maximum allowed by federal law to the maximum allowed by federal law or one percent, whichever is greater. Thebill expands the definition of "hemp product" to include raw materialsof any part of the plant Cannabis sativa and omits from such definitionthe requirement that the product be otherwise lawful.