{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/3.2-4113.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/3.2-4113.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/3.2-4113.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/3.2-4113.html"}],"law_id":61344,"edition_id":1,"section_id":61344,"structure_id":15190,"section_number":"3.2-4113","catch_line":"Production of industrial hemp lawful","history":"2015, cc. 158, 180; 2016, cc. 61, 170; 2018, cc. 689, 690; 2019, cc. 653, 654; 2021, Sp. Sess. I, cc. 110, 550, 551; 2023, cc. 744, 794.","full_text":"A\n\nIt is lawful for a grower, his agent, or a federally licensed hemp producer to grow, a handler or his agent to handle, or a processor or his agent to process industrial hemp in the Commonwealth for any lawful purpose. No federally licensed hemp producer or grower or his agent shall be prosecuted under Chapter 11 (§ 4.1-1100 et seq.) of Title 4.1 or § 18.2-247, 18.2-248, 18.2-248.01, 18.2-248.1, or 18.2-250 for the possession or growing of industrial hemp or any Cannabis sativa with a tetrahydrocannabinol concentration that does not exceed the total tetrahydrocannabinol concentration percentage established in federal regulations applicable to negligent violations located at 7 C.F.R. § 990.6(b)(3). No handler or his agent or processor or his agent shall be prosecuted under Chapter 11 (§ 4.1-1100 et seq.) of Title 4.1 or § 18.2-247, 18.2-248, 18.2-248.01, 18.2-248.1, or 18.2-250 or issued a summons or judgment for the possession, handling, or processing of industrial hemp. In any complaint, information, or indictment, and in any action or proceeding brought for the enforcement of any provision of Article 1 (§ 18.2-247 et seq.) of Chapter 7 of Title 18.2 or the Drug Control Act (§ 54.1-3400 et seq.), it shall not be necessary to negate any exception, excuse, proviso, or exemption contained in this article or the Drug Control Act, and the burden of proof of any such exception, excuse, proviso, or exemption shall be on the defendant.B\n\nNothing in this article shall be construed to authorize any person to violate any federal law or regulation.C\n\nNo person shall be prosecuted under Chapter 11 (§ 4.1-1100 et seq.) of Title 4.1 or § 18.2-247, 18.2-248, 18.2-248.01, 18.2-248.1, or 18.2-250 for the involuntary growth of industrial hemp through the inadvertent natural spread of seeds or pollen as a result of proximity to a production field, handler’s storage site, or process site.","order_by":null,"text":{"0":{"id":224103,"text":"It is lawful for a grower, his agent, or a federally licensed hemp producer to grow, a handler or his agent to handle, or a processor or his agent to process industrial hemp in the Commonwealth for any lawful purpose. No federally licensed hemp producer or grower or his agent shall be prosecuted under Chapter 11 (§ 4.1-1100 et seq.) of Title 4.1 or § 18.2-247, 18.2-248, 18.2-248.01, 18.2-248.1, or 18.2-250 for the possession or growing of industrial hemp or any Cannabis sativa with a tetrahydrocannabinol concentration that does not exceed the total tetrahydrocannabinol concentration percentage established in federal regulations applicable to negligent violations located at 7 C.F.R. § 990.6(b)(3). No handler or his agent or processor or his agent shall be prosecuted under Chapter 11 (§ 4.1-1100 et seq.) of Title 4.1 or § 18.2-247, 18.2-248, 18.2-248.01, 18.2-248.1, or 18.2-250 or issued a summons or judgment for the possession, handling, or processing of industrial hemp. In any complaint, information, or indictment, and in any action or proceeding brought for the enforcement of any provision of Article 1 (§ 18.2-247 et seq.) of Chapter 7 of Title 18.2 or the Drug Control Act (§ 54.1-3400 et seq.), it shall not be necessary to negate any exception, excuse, proviso, or exemption contained in this article or the Drug Control Act, and the burden of proof of any such exception, excuse, proviso, or exemption shall be on the defendant.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":224104,"text":"Nothing in this article shall be construed to authorize any person to violate any federal law or regulation.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":224105,"text":"No person shall be prosecuted under Chapter 11 (§ 4.1-1100 et seq.) of Title 4.1 or § 18.2-247, 18.2-248, 18.2-248.01, 18.2-248.1, or 18.2-250 for the involuntary growth of industrial hemp through the inadvertent natural spread of seeds or pollen as a result of proximity to a production field, handler’s storage site, or process site.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B"}},"ancestry":[{"id":15190,"edition_id":1,"name":"Industrial Hemp Crop Production, Handling, and Processing","identifier":"2","label":"article","depth":4,"order_by":1,"parent_id":15131,"metadata":{},"date_created":"2026-06-26 03:52:51","date_modified":"2026-06-26 03:52:51","permalink":{"id":196197,"object_type":"structure","relational_id":15190,"identifier":"2","token":"3.2\/III\/41.1\/2","url":"\/3.2\/III\/41.1\/2\/","edition_id":1,"permalink":0,"preferred":1}},{"id":15131,"edition_id":1,"name":"Industrial Hemp","identifier":"41.1","label":"chapter","depth":3,"order_by":1,"parent_id":13102,"metadata":{},"date_created":"2026-06-26 03:52:22","date_modified":"2026-06-26 03:52:22","permalink":{"id":196177,"object_type":"structure","relational_id":15131,"identifier":"41.1","token":"3.2\/III\/41.1","url":"\/3.2\/III\/41.1\/","edition_id":1,"permalink":0,"preferred":1}},{"id":13102,"edition_id":1,"name":"Production and Sale of Agricultural Products","identifier":"III","label":"subtitle","depth":2,"order_by":1,"parent_id":12793,"metadata":{},"date_created":"2026-06-26 03:44:17","date_modified":"2026-06-26 03:44:17","permalink":{"id":195443,"object_type":"structure","relational_id":13102,"identifier":"III","token":"3.2\/III","url":"\/3.2\/III\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12793,"edition_id":1,"name":"Agriculture, Animal Care, and Food","identifier":"3.2","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:53","date_modified":"2026-06-26 03:43:53","permalink":{"id":193939,"object_type":"structure","relational_id":12793,"identifier":"3.2","token":"3.2","url":"\/3.2\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":61344,"structure_id":15190,"section_number":"3.2-4113","catch_line":"Production of industrial hemp lawful","url":"\/3.2-4113\/","token":"3.2\/III\/41.1\/2\/3.2-4113","metadata":false},{"id":57850,"structure_id":15190,"section_number":"3.2-4114","catch_line":"Regulations","url":"\/3.2-4114\/","token":"3.2\/III\/41.1\/2\/3.2-4114","metadata":false},{"id":73208,"structure_id":15190,"section_number":"3.2-4114.2","catch_line":"Authority of Commissioner; notice to law enforcement; report","url":"\/3.2-4114.2\/","token":"3.2\/III\/41.1\/2\/3.2-4114.2","metadata":false},{"id":87044,"structure_id":15190,"section_number":"3.2-4115","catch_line":"Issuance of registrations; exemption","url":"\/3.2-4115\/","token":"3.2\/III\/41.1\/2\/3.2-4115","metadata":false},{"id":66127,"structure_id":15190,"section_number":"3.2-4116","catch_line":"Registration conditions","url":"\/3.2-4116\/","token":"3.2\/III\/41.1\/2\/3.2-4116","metadata":false},{"id":61850,"structure_id":15190,"section_number":"3.2-4118","catch_line":"Forfeiture of industrial hemp grower, handler, or processor registration; violations","url":"\/3.2-4118\/","token":"3.2\/III\/41.1\/2\/3.2-4118","metadata":false},{"id":71816,"structure_id":15190,"section_number":"3.2-4119","catch_line":"Eligibility to receive tobacco settlement funds","url":"\/3.2-4119\/","token":"3.2\/III\/41.1\/2\/3.2-4119","metadata":false}],"next_section":{"id":57850,"structure_id":15190,"section_number":"3.2-4114","catch_line":"Regulations","url":"\/3.2-4114\/","token":"3.2\/III\/41.1\/2\/3.2-4114","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/3.2-4113\/","history_text":"

This law was first created in 2015. The record of its establishment is cataloged in chapters 158<\/a> and 180<\/a> of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year. It has been modified 4 times. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. Those modifications are as follows: in 2016, chapters 61<\/a> and 170<\/a>; in 2018, chapters 689<\/a> and 690<\/a>; in 2019, chapters 653<\/a> and 654<\/a>; in 2023, chapters 744<\/a> and 794<\/a>.<\/p>","references":false,"refers_to":[{"id":84070,"section_number":"18.2-247","catch_line":"Use of terms \"controlled substances,\" \"marijuana,\" \"Schedules I, II, III, IV, V, and VI,\" \"imitation controlled substance,\" and \"counterfeit controlled substance\" in Title 18.2","order_by":null,"url":"\/18.2-247\/"},{"id":68693,"section_number":"18.2-248","catch_line":"Manufacturing, selling, giving, distributing, or possessing with intent to manufacture, sell, give, or distribute a controlled substance or an imitation controlled substance prohibited; penalties","order_by":null,"url":"\/18.2-248\/"},{"id":76843,"section_number":"18.2-248.01","catch_line":"Transporting controlled substances into the Commonwealth; penalty","order_by":null,"url":"\/18.2-248.01\/"},{"id":60632,"section_number":"18.2-248.1","catch_line":"Penalties for sale, gift, distribution or possession with intent to sell, give or distribute marijuana","order_by":null,"url":"\/18.2-248.1\/"},{"id":58255,"section_number":"18.2-250","catch_line":"Possession of controlled substances unlawful","order_by":null,"url":"\/18.2-250\/"},{"id":61546,"section_number":"4.1-1100","catch_line":"Possession, etc., of marijuana and marijuana products by persons 21 years of age or older lawful; penalties","order_by":null,"url":"\/4.1-1100\/"},{"id":77846,"section_number":"54.1-3400","catch_line":"Citation","order_by":null,"url":"\/54.1-3400\/"}],"permalink":{"id":196199,"object_type":"law","relational_id":61344,"identifier":"3.2-4113","token":"3.2\/III\/41.1\/2\/3.2-4113","url":"\/3.2-4113\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/3.2-4113\/","token":"3.2\/III\/41.1\/2\/3.2-4113","dublin_core":{"Title":"Production of industrial hemp lawful","Type":"Text","Format":"text\/html","Identifier":"\u00a7 3.2-4113","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> It is lawful for a grower<\/span>, his agent, or a federally licensed hemp producer<\/span> to grow<\/span>, a handler<\/span> or his agent to handle<\/span>, or a processor<\/span> or his agent to process<\/span> industrial hemp<\/span> in the Commonwealth for any lawful purpose. No federally licensed hemp producer<\/span> or grower<\/span> or his agent shall be prosecuted under Chapter 11 (§ 4.1-1100<\/a> et seq.) of Title 4.1 or § 18.2-247<\/a>, 18.2-248<\/a>, 18.2-248.01<\/a>, 18.2-248.1<\/a>, or 18.2-250<\/a> for the possession<\/span> or growing of industrial hemp<\/span> or any Cannabis sativa with a tetrahydrocannabinol concentration that does not exceed the total tetrahydrocannabinol<\/span> concentration percentage established in federal regulations applicable to negligent violations located at 7 C.F.R. § 990.6(b)(3). No handler<\/span> or his agent or processor<\/span> or his agent shall be prosecuted under Chapter 11 (§ 4.1-1100<\/a> et seq.) of Title 4.1 or § 18.2-247<\/a>, 18.2-248<\/a>, 18.2-248.01<\/a>, 18.2-248.1<\/a>, or 18.2-250<\/a> or issued a summons<\/span> or judgment<\/span> for the possession<\/span>, handling, or processing of industrial hemp<\/span>. In any complaint, information, or indictment<\/span>, and in any action or proceeding brought for the enforcement of any provision of Article 1 (§ 18.2-247<\/a> et seq.) of Chapter 7 of Title 18.2 or the Drug Control Act (§ 54.1-3400<\/a> et seq.), it shall not be necessary to negate any exception, excuse, proviso, or exemption contained in this article or the Drug Control Act, and the burden of proof<\/span> of any such exception, excuse, proviso, or exemption shall be on the defendant<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> Nothing in this article shall be construed to authorize any person to violate any federal law<\/span> or regulation. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> No person shall be prosecuted under Chapter 11 (§ 4.1-1100<\/a> et seq.) of Title 4.1 or § 18.2-247<\/a>, 18.2-248<\/a>, 18.2-248.01<\/a>, 18.2-248.1<\/a>, or 18.2-250<\/a> for the involuntary growth of industrial hemp<\/span> through the inadvertent natural spread of seeds or pollen as a result of proximity to a production field<\/span>, handler<\/span>’s storage site, or process site<\/span>. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nPRODUCTION OF INDUSTRIAL HEMP LAWFUL (\u00a7 3.2-4113)\n\nA. It is lawful for a grower, his agent, or a federally licensed hemp producer\nto grow, a handler or his agent to handle, or a processor or his agent to\nprocess industrial hemp in the Commonwealth for any lawful purpose. No federally\nlicensed hemp producer or grower or his agent shall be prosecuted under Chapter\n11 (§ 4.1-1100 et seq.) of Title 4.1 or § 18.2-247, 18.2-248,\n18.2-248.01, 18.2-248.1, or 18.2-250 for the possession or growing of industrial\nhemp or any Cannabis sativa with a tetrahydrocannabinol concentration that does\nnot exceed the total tetrahydrocannabinol concentration percentage established\nin federal regulations applicable to negligent violations located at 7 C.F.R.\n§ 990.6(b)(3). No handler or his agent or processor or his agent shall be\nprosecuted under Chapter 11 (§ 4.1-1100 et seq.) of Title 4.1 or §\n18.2-247, 18.2-248, 18.2-248.01, 18.2-248.1, or 18.2-250 or issued a summons or\njudgment for the possession, handling, or processing of industrial hemp. In any\ncomplaint, information, or indictment, and in any action or proceeding brought\nfor the enforcement of any provision of Article 1 (§ 18.2-247 et seq.) of\nChapter 7 of Title 18.2 or the Drug Control Act (§ 54.1-3400 et seq.), it\nshall not be necessary to negate any exception, excuse, proviso, or exemption\ncontained in this article or the Drug Control Act, and the burden of proof of\nany such exception, excuse, proviso, or exemption shall be on the defendant.\n\nB. Nothing in this article shall be construed to authorize any person to violate\nany federal law or regulation.\n\nC. No person shall be prosecuted under Chapter 11 (§ 4.1-1100 et seq.) of\nTitle 4.1 or § 18.2-247, 18.2-248, 18.2-248.01, 18.2-248.1, or 18.2-250 for\nthe involuntary growth of industrial hemp through the inadvertent natural spread\nof seeds or pollen as a result of proximity to a production field,\nhandler’s storage site, or process site.\n\nHISTORY: 2015, cc. 158, 180; 2016, cc. 61, 170; 2018, cc. 689, 690; 2019, cc.\n653, 654; 2021, Sp. Sess. I, cc. 110, 550, 551; 2023, cc. 744, 794.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}