On July 1, 2023, Virginia’s new law on hemp, known as SB 903, went into effect throughout the Commonwealth. Under SB 903, hemp products that contain a total amount of THC greater than 0.3 percent or contain more than two milligrams of total THC per package, or an amount of cannabidiol no less than 25 times greater than the amount of total THC per package, are now considered to be marijuana and are thus illegal. This is markedly stricter than the federal standard for hemp, which legalized all products that had a delta-9 THC level at or below 0.3 percent. SB 903 criminalized hundreds of products that contain delta-8, delta-10, and other forms of THC. Already, Virginia officials are starting to levy fines and other punitive measures against those who continue to possess, buy, sell, transport, or consume federally-legal hemp that is now illegal under SB 903.
Croessmann & Westberg has filed a lawsuit in federal court challenging this new “total THC” standard because it is preempted by federal law and the Constitution. Read the Complaint here. Read the brief in support of the firm’s motion for a preliminary injunction, to halt enforcement of Virginia’s law, here.
Is SB 903 hurting your business? Our lawyers can advise you as to how to comply with the new law to avoid punitive enforcement measures, or challenge actions already taken against you. We want to hear from you.