State officials to inspect Virginia retailers’ inhalable hemp products

RICHMOND, Va. (WRIC) -- Effective immediately, Virginia officials will begin inspecting and evaluating inhalable hemp products sold across the state.

On Wednesday, Sept. 24, the Virginia Department of Agriculture and Consumer Services (VDACS) announced that its Office of Hemp Enforcement is working with retailers to inspect and evaluate any inhalable hemp products they sell, per a press release.

The office has the legal authority to do this under Virginia Code, which states that VDACS shall have access to any retail facility that sells hemp products meant for oral consumption or inhalation. VDACS shall also be able to take samples of any such products.

Hemp is a variety of the cannabis plant that has a variety of uses, from food to clothing to paper. It is considered distinct from marijuana because, while it does contain marijuana's active ingredient of tetrahydrocannabinol (THC), these THC levels are much lower.

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Therefore, hemp is not a controlled substance -- however, it is regulated throughout the United States.

A regulated hemp product is only legally allowed to be sold in Virginia if it meets the following criteria:

• If the product contains THC, it must be sold in child-resistant packaging.
• The product's packaging must not depict or be shaped like a human, animal, vehicle or fruit.
• The product, its label and/or its packaging cannot bear any kind of mark associated with a company that produces food or drink products unless explicitly authorized.
• The product can only contain 0.3% THC.
• The product cannot contain more than 2 milligrams of THC, unless it also contains an amount of cannabidiol (CBD) that is at least 25 times the amount of contained THC.
• The product must be labeled and that label must contain the following details:
  • A complete list of ingredients
  • A serving size
  • The total percentage and milligrams of THC in the product
  • The total percentage and milligrams of THC in one serving
  • If the product contains more than 2 milligrams of THC, the total milligrams of CBD in the product
  • If the product contains THC, a notice that it can only be sold to someone 21 years old or older
• The product must be accompanied by a certificate of analysis from an independent laboratory stating it is accredited.
  • The product's certificate must also list the total THC concentration.
  • The product's certificate must also be available for review at its respective retailer.

This new wave of enforcement on inhalable hemp products comes as VDACS continues its efforts to inspect edible hemp products.

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Notably, for a retailer to be able to sell regulated hemp products, it must obtain a Hemp Product Retail Facility Registration from VDACS. This registration must also be regularly renewed for a retailer to remain compliant.

If you are a retailer who is seeking such a registration, or if you'd like to learn more about VDACS' Office of Hemp Enforcement, click here.