States looking to harsh the high for hemp-derived THC products just got handed a big win from The U.S. Court of Appeals, 4th Cir., which ruled the 2018 Farm Bill does not preempt a Virginia law limiting the THC content in consumable products. But what else would you expect from The Man?
Virginia passed a bill back in 2023 that sought to control the total THC contained in hemp-derived products. It took on a Farm Bill loophole limiting delta-9 THC content to 0.3% per dry weight, which has allowed manufacturers to develop dosages that technically meet the rules but produce equal strength effects by employing synthetics and blends with other cannabinoids.
The challenge to the law argued that Virginia’s bill discriminates against out-of-state businesses, but the court wasn’t in agreement. Instead, Judge A. Marvin Quattlebaum Jr. ruled that the Farm Bill “expressly sanctions state regulation” and that it “does not preempt or limit a state from regulating the ‘production of hemp’ in ways that are more stringent than federal law.’
Some industry groups are celebrating the decision. Law360 reported that the American Trade Association for Cannabis & Hemp (ATACH) supported Virginia’s law, noting that the products it targets are frequently “not hemp, nor are they marijuana, but rather synthetic products which attempt to evade regulation.”
To be perfectly clear, hemp-derived THC drinks and edibles can still be sold in Virginia. They just can’t exceed 0.3% THC, with a ceiling of 2 mg per package, unless balanced out by a CBD ratio of 25:1.
The ruling also generates a solid legal precedent for regulators to work off of as more states seek to rein in legal hemp THC, which has boomed in the marketplace over the past several years. Even mainstream retailers like Total Wine & More have embraced the format, making it easier than ever for consumers to bypass dispensaries and grab a 6-pack of hemp soda on a quick trip to the store.
The ruling arrives as states like California have gone even further, temporarily banning hemp- THC based consumables with any detectable amount of THC. Courts backed that policy too, blocking an industry challenge against its enforcement in October.
New Jersey and Missouri have also recently cracked down, with the threat of children getting ahold of THC products being a driving force behind calls for stricter regulation.Even with states emboldened to issue their own regulations, the patchwork approach still stands as others (ahem, Minnesota) have opened the doors wide for hemp THC snacks and drinks.