Connect with us

State News

Youngkin proposes carveout shielding ‘therapeutic’ CBD from new cannabis rules

Published

on

Gov. Glenn Youngkin is recommending changes to a pending state law that would exempt some non-intoxicating CBD products from strict new regulations on the sale of delta-8 and other hemp-based concoctions that get users high.

After significant pushback to a proposed rule limiting THC to 2 milligrams per package — which many hemp proponents have said would effectively destroy the industry in Virginia — the governor is proposing a carveout for products that have a 25-to-1 ratio of CBD to THC. Both chemicals are found in cannabis plants, but marijuana plants contain more psychoactive THC, and hemp plants generally have higher amounts of non-intoxicating CBD.

Youngkin proposed his changes in the form of a substitute bill, a process typically used for more substantive amendments to the legislation as opposed to minor technical fixes.

“The governor’s amendment continues his efforts to crack down on dangerous THC intoxicants, including synthetic products such as delta-8,” Youngkin spokeswoman Macaulay Porter said Tuesday.

The amended bill reiterates that any business selling edible or smokable hemp products covered under the proposed rules would have to pay a $1,000 fee to register with the state and face fines of up to $10,000 per day for selling unlawful or mislabeled products.

Some of the changes came in response to pushback from Lisa Smith, a Virginia mother who advocated for the legalization of CBD oil eight years ago as a treatment for her daughter’s severe epilepsy. Both Youngkin and House Speaker Todd Gilbert, R-Shenandoah, were receptive to Smith’s concerns that an overly broad bill could jeopardize the shipments of CBD oil she receives regularly from a company based in Colorado.

“Following feedback from parents whose children have experienced positive benefits from CBD products, the substitute also includes a narrowly tailored exemption clarifying that the legislation will not outlaw those therapeutic products,” Porter said. “Governor Youngkin’s substitute takes into account these critically necessary products while going even further to clear store shelves of illegal products responsible for sending children to the hospital.”

For months, state lawmakers have been wrestling with the question of how to clamp down on largely unregulated THC products that have become available at smoke shops and convenience stores despite having intoxicating effects similar to those produced by marijuana. Retail marijuana sales remain illegal in Virginia outside of the state-licensed medical dispensaries that could stand to gain from the state cracking down on businesses selling alternatives like delta-8.

Youngkin has also suggested scrapping a controversial rule that would have required the addition of “bittering agents” to any topical CBD products like creams and ointments. Those products aren’t meant to be ingested, but giving them a purposefully unpleasant taste was pitched as a way to ensure no one would think about eating them. The bill still requires new topical products to come with a warning label stating they are “not intended for human consumption.”

Skeptics of the proposal to allow higher THC levels in hemp-based products have warned it would undercut the bill’s purpose and leave retailers more leeway to find creative workarounds to the new rules.

“While Governor Youngkin’s amendments would prohibit the sale of synthetic marijuana-like products in the commonwealth, it would also keep products which contain THC in intoxicating amounts on store shelves,” said JM Pedini, executive director of Virginia NORML, which supports marijuana legalization.

The legislative amendments proposed by Youngkin, which the General Assembly will take up on April 12, largely reflect suggestions made by the Virginia Cannabis Association, a lobbying group representing many in the hemp industry. Former delegate Greg Habeeb, a lobbyist for the Virginia Cannabis Association, said the amendment “saves” a lot of the full-spectrum CBD products the group was hoping to save.

“They were very focused on achieving their public safety and public health goals while doing as little harm to the hemp industry as possible,” Habeeb said of the Youngkin administration. “I think they’ve struck a pretty good balance.”

The governor also recommended technical amendments to pending legislation to transfer oversight of the medical marijuana program from the Virginia Board of Pharmacy to the newly created Virginia Cannabis Control Authority on Jan. 1. The authority was envisioned as a regulator for the recreational marijuana industry but Youngkin and other Republicans have refused to go along with efforts to legalize retail weed sales outside the medical program.

 

by Graham Moomaw, Virginia Mercury


Virginia Mercury is part of States Newsroom, a network of news bureaus supported by grants and a coalition of donors as a 501c(3) public charity. Virginia Mercury maintains editorial independence. Contact Editor Sarah Vogelsong for questions: info@virginiamercury.com. Follow Virginia Mercury on Facebook and Twitter.

Front Royal, VA
93°
Partly Cloudy
6:24 am8:10 pm EDT
Feels like: 99°F
Wind: 2mph NW
Humidity: 43%
Pressure: 29.91"Hg
UV index: 8
FriSatSun
79°F / 66°F
84°F / 72°F
84°F / 72°F
Scott's Turn6 minutes ago

The Hidden Cost of Empty Storefronts

National News11 minutes ago

DOJ Targets 3 More States in Effort to Axe In-State Tuition for Immigrants

State News15 minutes ago

Program Connects Deployed Service Members with Foster Homes for Pets

Local Government23 minutes ago

Warren County Celebrates First Customer Connection Through All Points Broadband Expansion

State News30 minutes ago

Dominion Asks SCC to Recover an Additional $922 Million for Fuel Costs Over Multiple Years

Local Government36 minutes ago

Aging in Place: County Planning Commission Considers an Option for the Elderly

State News1 hour ago

Virginia’s Vaccine Recommendations, Requirements Won’t Change After Trump Order, Officials Say

National News1 hour ago

Trump Administration Urges Supreme Court to Rule Soon on Limiting Vote-by-Mail in Midterms

State News1 hour ago

Virginia Resident Seeks Answers from State Education Superintendent Over Genocide Definition

Local News4 hours ago

Foster Families Needed Across Northern Shenandoah Valley to Keep Children Close to Home

Local Government5 hours ago

Data Center Debate Draws Crowd as Residents Demand Transparency, Local Control

Community Events6 hours ago

Blue Ridge Arts Council Wraps Up 37th Gazebo Gatherings Season with Ryan Jewel Concert

EDA in Focus21 hours ago

$1.65-Million Auction Dent Put in $10-Million Debt to First Bank & Trust on ITFederal Developmental Loan to FR-WC EDA

Opinion24 hours ago

Where Motive and Opportunity Align on Zoning Code

State News1 day ago

What Candidates Have Planned for Virginia’s Coast Could Decide a Key Congressional Race

Community Events1 day ago

This Week’s Showtimes at Royal Cinemas as of August 14th

State News1 day ago

Lt. Gov. Hashmi Hits the Road to Hear from Virginians on Dominion-NextEra Merger

National News1 day ago

Trump Urges Shift in Childhood Vaccine Recommendations, Calls for Splitting Up MMR Vaccine

Obituaries1 day ago

David Andrew Burke (1985 – 2026)

Obituaries1 day ago

Suzanne H Conner (1946 – 2026)

Local Government1 day ago

Rushmark Properties Withdraws Data Center Zoning Text Amendment and Conditional Use Permit Applications

Jefferson Forum1 day ago

Socialism’s Advance and Proven Failures Should be a Warning for Virginia

Interesting Things to Know1 day ago

Secrets We Lost Forever

Health1 day ago

When Children Cannot See Clearly, They May Not Know to Say So

Local Government2 days ago

10-Year Plan for AT Connector Trail Articulated by ACES Chairman Justin Proctor at Town Council Work Session