Weed Users In Limbo As Virginia Lawmakers Delay Retail Marijuana Sales, Impose Stricter Hemp Rules

Marked by twists and turns, the Virginia cannabis market and its regulative framework remain an enigma for many as the state approaches the second anniversary of legalizing recreational marijuana without a framework for legal sales as yet established. 

A recent decision by House members to strike down a push to legalize and set a framework in 2024 also delayed initial plans.

Stricter Rules For Hemp-Derived Products

Lawmakers are now seeking to strengthen regulations on some hemp-derived products as well.

On Friday, both chambers in the General Assembly advanced a measure to strengthen regulations around hemp-derived products that contain THC, reported Virginia Mercury.

Those supporting the bill stressed that the legislation would impose stricter labeling rules, especially on products such as delta-8 edibles.

“I think this will go a long way in making sure that our communities are safe and that folks are buying what they purport to buy,” majority leader Terry Kilgore (R) told members of his chamber.

Why are concerns around the the safety of delta-8 products on the rise?

As a chemical component of the cannabis plant, delta-8 THC can produce mild psychoactive effects in some people, similar to delta-9 THC (the compound that gets you high), even though it occurs naturally in small concentrations.

However, the main issue is that delta-8 THC can be converted from CBD derived from hemp, resulting in products developed as a result of the 2018 federal Farm Bill that legalized hemp and is therefore not subject to the same testing requirements as cannabis.

As such, inappropriate or imprecise techniques a chemist utilizes to convert CBD molecules into THC molecules can potentially result in dangerous impurities in the final product.

Senate Lawmakers Aware Of Confusion

While House members overwhelmingly approved the measure concerning delta-8 edibles and other hemp-derived products containing THC, the move got mixed supprt in the Senate.

The bill is apparently aiming to divide regulatory authority over cannabis between the Virginia Department of Agriculture and Consumer Services (VDACS) and the new Virginia Cannabis Control Authority – a move that could cause additional confusion, Senate Democrats warned.

“This is a first step toward a complete mess,” Sen. Scott Surovell, (D) said. “And the reason we’re doing this is that somebody upstairs doesn’t want to talk about it.”

Cannabis advocates seem to be on the same page. They contend that the confusion is caused by ignorance in law enforcement about cannabis.

“Cannabis is a life-saving medication for many Virginians, and producing an understandable and accessible framework for legalization will reduce the stigma for those who need it as medication,” Sarah Williams of the Richmond Cannabis Community told 8News.

Meanwhile, a local business owner in Virginia was recently taken into custody and charged with conspiracy for the possession with intent to manufacture a schedule I or II substance after Richmond police raided his warehouse.

Happy Trees warehouse event was characterized by Richmond police as a “pop-up” event that “allow for multiple “vendors” to come to one location and sell marijuana,” according to the press release the police issued after the company’s co-founder Josiah Ickes was arrested.

“These events pose a danger and a significant threat to the quality of life in our community and those who organize and/or participate will be investigated when information is received that they are occurring,” the press release said.

Williams said Virginians are baffled by what’s happening with their state's program.

“It’s very concerning because people are trying their best at this point to figure out a way to make things work in the existing structure that we have, and I just don’t know if the state is putting its focus in the right place,” Williams said. “People don’t even know what they can do, what they can’t do, and so people are kind of running afoul of the law, sometimes, not even intentionally.”

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