Virginia judge clears way for new hemp THC limits

A federal judge in Virginia has denied a request for a temporary restraining order from seven hemp companies, allowing new state regulations on THC limits to take effect. The ruling by U.S. District Judge Robert S. Ballou clears the way for a law that eliminates the state’s previous 25-to-1 CBD-to-THC ratio exception.

Under the new regulations, consumable hemp products in Virginia are capped at a maximum of 2 milligrams of total THC per package. Products exceeding this threshold are now classified as marijuana under state law. Additionally, products must maintain a total THC concentration of no more than 0.3%.

The plaintiffs, which include Cypress Hemp, Redfern Hemp Co., Kultivate Wellness, and others, argued that the sudden regulatory shift would cause significant financial harm and lacked sufficient guidance for compliance. They also claimed the law violated equal protection rights because licensed cannabis dispensaries are permitted to sell products with higher THC levels.

Judge Ballou rejected these arguments, noting that the plaintiffs operate in a heavily regulated and evolving industry where legal statuses frequently change. He also ruled that the distinction between hemp and cannabis businesses is justified by the more restrictive licensing, testing, and enforcement requirements imposed on cannabis retailers.