ELKTON, Va. (WHSV) – Hemp companies and businesses that sell CBD and THC products in Virginia are anxiously awaiting the outcome of a federal court hearing tomorrow. They are hoping for an injunction on a law that went into effect on July 1.
Since July 1, Virginia has banned the sale of all products containing more than 0.3% THC. Now two hemp companies and a private citizen are suing the state in an attempt to change things.
The plaintiffs in the case: NOVA Hemp, Franny’s Farmacy and private citizen Rose Lane argue that the law unfairly harms businesses and that because Virginia’s new THC limit is stricter than the federal limit, it is in direct conflict with federal law.
Pure Shenandoah in Elkton said the court’s decision will have a big impact either way.
“Since July 1 and the change in the law, we’ve seen a lot of vendors struggle, and more importantly, a lot of consumers and patients have a hard time finding products that help them in the best way,” said Tanner Johnson, who owns Pure Shenandoah with three of his brothers.
Pure Shenandoah sells a wide range of hemp products, so it hasn’t been hit as hard as some other vendors since the law came into effect, but it has had to adjust. She said the biggest downside of the law has been the loss of products with medicinal uses.
“We’ve been working hard to produce new products that the market and suppliers want, but it’s been an uphill battle and it’s been challenging. THC does a great job for a lot of different ailments and without it we have one hand tied behind our back,” said Johnson.
The plaintiffs in the lawsuit against the state of Virginia are seeking an injunction that would effectively halt the regulations, which went into effect on July 1.
“What that would practically mean is that all of the THC-dominant edibles would be back on the shelves, hopefully in a regulated way that would give consumers the products they need again, but with a source they can trust,” Johnson said.
Johnson said he believes an injunction could be the best case scenario if THC products are allowed back on the shelves but are more regulated.
“If this comes back, we would have a regulatory system in place so that these aren’t just any old willy-nilly THC products that end up on gas station shelves, but very sophisticated, well-tested, effective and safe products that end up on quality shelves,” he said.
If the Federal District Court of the Eastern District of Virginia in Alexandria grants the injunction, companies like Pure Shenandoah would have to send their THC products to the Virginia Department of Agriculture and Consumer Services (VDACS) for approval in order to get them back on the shelves.
“The injunction will go into effect and then immediately Pure Shenandoah will send a lot of different labels and packaging types to VDACS for approval. Once we’re approved, we’re hoping to be one of the first companies on the market to give people access to the products they’ve been wanting for a long time,” Johnson said.
Virginia’s THC market has emerged under the hemp laws due to the stalled rollout of the state’s legal marijuana programmes.
Pure Shenandoah said that according to the Virginia Cannabis Control Authority, companies will be able to apply for a medical marijuana licence on January 1, 2024. It said the rollout of the state’s recreational marijuana programme is further behind and that dispensaries probably won’t start popping up until 2026 or 2027.