This Week in Virginia Cannabis Industry News, October 2, 2022

Delta-8 THC crackdown limits Virginia’s hemp industry

We are currently in the process of gathering information to help those trying to work within the constrictions of the Delta-8 regulations. We intend to answer questions such as …

1) Can I make D8 as a processor?
2) Can I sell D8 as a processor?
3) If I am a retailer, can I sell D8?
4) If I am a retailer, do I have to be inspected by VDACS?
5) What’s happening with adult use legislation in ‘23?

Uncertainty Ensues Around Sale of Delta-8 THC in Virginia

Additional coverage of the recent “crackdowns” of Delta-8 in Virginia.

Virginia looks unlikely to hit 2024 target for retail marijuana sales

The longer we continue to be stagnant in this process, the more likely this speculation becomes reality.

Virginia regulators issued guidance on background checks of owners of medical cannabis businesses

Excerpt …

“The Board provides the following guidance for a material owner of an applicant for a pharmaceutical processor or cannabis dispensing facility permit who is also a material owner of another permitted pharmaceutical processor or cannabis dispensing facility and was previously subject to a criminal background check. Upon submission of an application for change of ownership of an existing pharmaceutical processor or cannabis dispensing facility or new application, the material owner(s) shall complete a background check if it has been more than 90 days since the previous background check was conducted. Board staff will provide the material owner(s) with the necessary documentation to complete the background check.”

This Week in Virginia Cannabis Industry News, September 25, 2022

US Court of Appeals says descheduling cannabis is up to Congress

Article excerpt …

In the case ‘United States of America v. Green’, the defendants argued that cannabis’s scheduling in the US Controlled Substances Act “has no rational basis because cannabis does not meet the statutory criteria for inclusion on Schedule I”, reports Benzinga.

The judges however ruled that the argument is insufficient to compel the Court to determine that cannabis’ Schedule I status is unconstitutional.

Gray-market cannabis shops open door for vape crisis 2.0

This opinion piece looks at the concerns of the “gray market” and the fact that people are producing and selling products that do not have to adhere to any kind of safety or regulatory standards.

Local Marijuana Business Bans Are Helping Illicit Markets Thrive In Legal States, Report Finds

The continued narrative of stories like this one and the previous are the illicit markets are thriving while legitimate businesses are forced to wait while politicians sort our regulations.

How To Develop An Effective Cannabis Compliance Program

But as we stay the course and continue to build a legitimate cannabis industry in Virginia, it is important to develop and effective compliance program for your business. This article helps lay out how that can be achieved.

This Week in Virginia Cannabis Industry News, September 20, 2022

Virginia Beach considers creating cannabis task force before retail sales are legalized statewide

Councilman Guy Tower is quoted as saying there are “lots of visitors with lots of different ideas about consumption of cannabis products, I’m sure, coming from different backgrounds” and cites a task force as being able to provide guidance to City Council.

Virginia’s First Annual Cannabis Freedom Festival held in Charlottesville

The first ever Virginia Cannabis Freedom Festival was held last Sunday in Charlottesville with Virginia Hemp Coalition President Jason Amatucci saying, “We really need to make sure that there’s fairness in our laws and everybody gets a seat at the table here, especially our farmers and our small businesses. We also need to make sure that every prisoner that is in jail for cannabis is out.”

Bipartisan Lawmakers Slam ‘Completely Insufficient’ FDA Response To Hemp Bill Request And Lack Of CBD Regulations

Virginia Republican Morgan Griffith was part of this bipartisan letter. Article excerpt …

Bipartisan congressional lawmakers recently sent a pointed letter to the head of the Food and Drug Administration (FDA), complaining about the “completely insufficient response” the agency provided in response to their bill calling for hemp-derived CBD to be permitted and regulated as a food additive.

FDA’s response “does not address provisions of our bill drafted specifically to address product safety, and is a completely insufficient response at this moment when cannabidiol (CBD) products are proliferating around the country,” Reps. Kathleen Rice (D-NY), Morgan Griffith (R-VA), Angie Craig (D-MN) and Dan Crenshaw (R-TX) wrote.

Small Marijuana Growers Could Sell Directly To Consumers Across State Lines Under New Congressional Bill

Excerpt …

As Congress continues to work toward ending cannabis prohibition, there have been concerns that smaller businesses will struggle to compete against the handful of multi-state operators that have the resources and infrastructure to quickly expand, threatening to further consolidate the market when the federal floodgates finally open.

The SHIP Act is designed to minimize that risk and maximize opportunities for those smaller farmers and producers.

This Week in Virginia Cannabis Industry News, September 13, 2022

Cannabis Oversight Commission Meeting

The most recent meeting for Virginia’s Cannabis Oversight Commission took place on 9/1. Full stream is available now for those who interested.

CannaBizVA’s Dylan Bishop Joins Eckert Seamans

Congratulations to CBV’s own Dylan Bishop, who recently joined the team at Eckert Seamans. This allows him access to many more resources while lobbying on behalf of CannaBizVA and the cannabis industry as a whole. Learn more.

D.C. Court Reverses Firing Of Government Worker Who Tested Positive For Marijuana

This is definitely a win for those who support reform to the laws surrounding employee use of cannabis, especially for those that rely on it for medical conditions.

“Because Employee was allowed to perform her duties and did in fact adequately do so after being observed by her supervisors, I find that [the supervisors] did not reasonably believe that Employee’s ability to perform her job was impaired. As such, I further conclude that a reasonable suspicion referral was unwarranted,” the judge wrote in the ruling, which was published in the District Register late last month.

Pennsylvania Gov. Announces ‘Large-Scale’ Pardoning for Non-Violent Cannabis Convictions

Another legal victory for cannabis rights as Gov. Tom Wolf announces plans to pardon a significant amount of non-violent cannabis convictions in Pennsylvania.

Poll: 65% of U.S. Voters Support Giving Cannabis Companies Banking Access

Banking access remains a huge hurdle to the legitimate cannabis industries in America. Given the majority support from the public, one would hope that our lawmakers would have the vision to make the necessary changes.

This Week in Virginia Cannabis Industry News, September 6, 2022

Dangers of THC edibles and children in Virginia addressed by Miyares in school safety webinar

While we are fully in support of the legal Delta 8 market in Virginia, we also strongly support regulations that require clear and consistent packaging. Attorney General Jason Miyares addressed some of the concerns in a recent webinar.

FBI Says CBD Use Is An ‘Automatic Disqualifier’ For Employment Despite Federal Hemp Legalization

Despite being fully legal on the federal level (and pretty much purchasable at your local grocery store), the FBI considers CBD an automatic disqualifier for employment.

The Impact Of The IRS Code 280e On Cannabis Companies And Their Marketing Strategies

This article highlights the hurdles of the cannabis industry when it comes to taxes, deductions, and marketing. Article excerpt …

“There are a number of specific ways that 280E impedes cannabis companies from marketing their products. For one, it prohibits them from deducting advertising expenses, which can be a significant cost for businesses. Additionally, it limits their ability to sponsor events and engage in other forms of marketing that would be beneficial for their business. As a result of these restrictions, cannabis companies often have to get creative in the ways they market their products.”

Global Cannabis News Updates – The Swiss Go THC, Germany Flip-Flops on Rec, Costa Rica Says Yes, and Malaysia Up Next

Some updates of cannabis regulation across the globe.

This Week in Virginia Cannabis Industry News, August 29, 2022

Inside the ‘wild, wild west’ of Virginia’s marijuana market

This Washington Post article goes into great detail on some of the “grey area” businesses that have been appearing throughout the state as we wait for further legislative action. As person interviewed in the article bluntly put it, “Scared money don’t make no money.”

Inside California’s Cannabis Crisis

It is important to note that even when production and sales are finally allowed in Virginia, problems still remain. Unreasonable regulations, high taxes and a thriving illicit market in California are crushing the legitimate marijuana industry in the state.

Virginia cannabis firms expand medical facilities amid uncertainty over adult-use sales

Speaking of thriving, the medical marijuana industry continues to grow in Virginia while uncertainty remains for the rest.

Groups offer $1M in cannabis scholarships to Virginia students

This week’s “Continuing Education” highlights a new program in Virginia that allows students access to both $1,000 scholarships for cannabis education as well as $50,000 to start businesses upon graduation.

This Week in Virginia Cannabis Industry News, August 22, 2022

D.C. Medical Marijuana Registrations Surged In July After ‘Self-Certification’ Law Took Effect

Not surprisingly, there was a significant increase in medical marijuana patients now that DC laws allow “self certification” without any communication with a doctor.

11 Considerations When Vying for a Cannabis License

As we prepare (hopefully) for the start of the Virginia licensing application process, this article offers some helpful tips, observations, and strategies to consider.

$20,000 To Allow Recreational Marijuana in Your Town? Maine Tries Paying Cities $20k to Let Recreational Marijuana In

What this shows above all else is how important it will continue to be for us for work with politicians and officials on the LOCAL level so communities will embrace cannabis industry businesses within their city and county limits. This is something we encourage ALL CannaBizVA members to continue to assist us with since it will take a statewide effort to reach as many areas as possible.

4 Cannabis Recession Predictions

As our national economy enters recession territory, how will the cannabis industry be impacted? This article offers some insight and opinions on what may take place.

This Week in Virginia Cannabis Industry News, August 15, 2022

Public Comments to the Virginia Hemp Task Force

The Hemp Task Force recently accepted public comments via an online portal. CannaBizVA members submitted comments as well as others. Read more

Delta-8 THC Declared Legal in Kentucky

We referenced this ruling in our recent communications with the Virginia Task Force in protection and support of Delta-8 retailers in the Commonwealth.

“On Aug. 3, hemp license holders in the state got long-awaited clarity on the issue when “Boone Circuit Judge Rick Brueggemann declared delta-8 to be a legal derivative of hemp and issued a permanent injunction against law enforcement which prevents them from charging retailers and producers with criminal activity for selling delta-8,” the release states.”

New Florida Marijuana Legalization Initiative Filed For 2024 Ballot, With Backing Of State’s Largest Medical Cannabis Company

It is certainly of no surprise that Big Pharma would be in support of this opportunity.

A Brief Introduction To Terpenes: Monoterpenes, Sesquiterpenes, And Terpenoids

As part of our continuing education series, we offer information and explanations behind the different terpenes and their uses and benefits.

Online public comment portal for hemp task force now open

Virginia’s Hemp Task Force met this past Tuesday, but did not accept public comment as the meeting. As a follow up they are now offering an online portal for public comment and we HIGHLY encourage that every CannaBizVA member (and industry supporter as a whole) take a moment to have their opinion be heard.

We encourage you to offer as in-depth an opinion as you’d like, but we also have some talking points we’d like you to consider …

1.   Ask that VDACS rescind the recent change in policy until it can be enacted properly.

2. Ask VDACS to publicly provide guidance as to the acceptable amounts of Delta8 THC that occur naturally and how it relates to compliance.

3. Request a proposed amendment to  Virginia code 3.2-5145.5 to conform with federal law.

You can provide your comment directly to VDACS here.

Thank you for you continued support of CannaBizVA and thank you for taking the time to have your voice heard! Additionally, please see our comments delivered to Secretary of Agriculture and Forestry Matthew J. Lohr.

This Week in Virginia Cannabis Industry News, August 8, 2022

Federal ban on marijuana use causes more harm than good

The court of public opinion continues to sway in the direction of supporting the cannabis industry in America. The “heavy lifting” is educating our legislators on the proper ways to move forward.

Hydroponic chain planting flag in Chesterfield with first Virginia store

Colorado-based hydroponic chain GrowGeneration will open their first Virginia retail space in Richmond in late September. Company spokesman Alex Salaman adds, “We are constantly evaluating our strategy and if this store does what we believe it will do, we will look to expand within Virginia.”

Federal cannabis legalization could be help boost Southern State economies

A look at the potential economic boost of the legal cannabis industry in the Carolinas, Alabama, Georgia, and Florida. The article states, “Southern states have all it takes to be a cannabis economic powerhouse. The region possesses the skills, fertile lands, brilliant minds, and immense potential to overthrow the current highest producers of cannabis in the country.”

7 Cannabis Schools for Continuing and Professional Education

Part of growing our industry statewide comes with those of us within the industry (and those interested in being a part of it), continuing our education on the benefits, uses, and potential of cannabis and related products and industries. Here we offer some opportunities.

The Hijacking Of Legal Cannabis Frameworks By Those Who Can – A Minnesota Tale of 10,00 Mistakes

A legal look at the mistakes made in Minnesota as they went through the legalization process. We continue to hope that many of the same mistakes aren’t made here.