A. A person who is not a federally licensed hemp producer shall obtain a registration pursuant to subsection A of § 3.2-4115 prior to growing, handling, or processing any industrial hemp in the Commonwealth.

Terms Used In Virginia Code 3.2-4116

  • Cannabis sativa product: means a product made from any part of the plant Cannabis sativa with a concentration of tetrahydrocannabinol that is greater than that allowed by federal law. See Virginia Code 3.2-4112
  • Commissioner: means the Commissioner of Agriculture and Consumer Services. See Virginia Code 3.2-100
  • Department: means the Department of Agriculture and Consumer Services. See Virginia Code 3.2-100
  • Federally licensed hemp producer: means a person who holds a hemp producer license issued by the U. See Virginia Code 3.2-4112
  • Grower: means any person registered pursuant to subsection A of § 3. See Virginia Code 3.2-4112
  • Handler: means any person who is registered pursuant to subsection A of § 3. See Virginia Code 3.2-4112
  • Industrial hemp: includes an industrial hemp extract that has not completed all stages of processing needed to convert the extract into a hemp product. See Virginia Code 3.2-4112
  • Locality: means a county, city, or town as the context may require. See Virginia Code 1-221
  • Person: includes any individual, corporation, partnership, association, cooperative, limited liability company, trust, joint venture, government, political subdivision, or any other legal or commercial entity and any successor, representative, agent, agency, or instrumentality thereof. See Virginia Code 1-230
  • Process: means to convert industrial hemp into a hemp product. See Virginia Code 3.2-4112
  • Process site: means the location at which a processor processes or intends to process industrial hemp. See Virginia Code 3.2-4112
  • Processor: means a person registered pursuant to subsection A of § 3. See Virginia Code 3.2-4112
  • Production field: means the land or area on which a grower or a federally licensed hemp producer is growing or intends to grow industrial hemp. See Virginia Code 3.2-4112
  • State: when applied to a part of the United States, includes any of the 50 states, the District of Columbia, the Commonwealth of Puerto Rico, Guam, the Northern Mariana Islands, and the United States Virgin Islands. See Virginia Code 1-245
  • Tetrahydrocannabinol: means any naturally occurring or synthetic tetrahydrocannabinol, including its salts, isomers, and salts of isomers whenever the existence of such salts, isomers, and salts of isomers is possible within the specific chemical designation and any preparation, mixture, or substance containing, or mixed or infused with, any detectable amount of tetrahydrocannabinol. See Virginia Code 3.2-4112
  • Total tetrahydrocannabinol: means the sum, after the application of any necessary conversion factor, of the percentage by weight of tetrahydrocannabinol and the percentage by weight of tetrahydrocannabinolic acid. See Virginia Code 3.2-4112

B. A person issued a registration pursuant to subsection A of § 3.2-4115 shall:

1. Maintain records that reflect compliance with this article;

2. Retain all industrial hemp growing, handling, or processing records for at least three years;

3. Allow his production field, handler‘s storage site, or process site to be inspected by and at the discretion of the Commissioner or his designee, the Department of State Police, or the chief law-enforcement officer of the locality in which the production field, or handler’s storage site, or process site exists;

4. Allow the Commissioner or his designee to monitor and test the grower‘s, handler’s, or processor‘s industrial hemp for compliance with tetrahydrocannabinol levels and for other appropriate purposes established pursuant to § 3.2-4114, at the cost of the grower, handler, or processor; and

5. If required by the Commissioner, destroy, at the cost of the grower, handler, or processor and in a manner approved of and verified by the Commissioner, any Cannabis sativa that the grower grows, the handler handles, or the processor processes that has been tested and, following any re-sampling and retesting as authorized pursuant to the provisions of § 3.2-4114.2, is found to have a concentration of tetrahydrocannabinol that is greater than that allowed by federal law, or any Cannabis sativa product that the processor produces.

C. A processor shall not sell industrial hemp or a substance containing an industrial hemp extract, as defined in § 3.2-5145.1, to a person if the processor knows or has reason to know that such person will use the industrial hemp or substance containing an industrial hemp extract in a substance that (i) contains a total tetrahydrocannabinol concentration that is greater than 0.3 percent or (ii) contains more than two milligrams of total tetrahydrocannabinol per package and does not contain an amount of cannabidiol that is at least 25 times greater than the amount of total tetrahydrocannabinol per package.

2015, cc. 158, 180; 2018, cc. 689, 690; 2019, cc. 653, 654; 2021, Sp. Sess. I, c. 110; 2023, cc. 744, 794.

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