{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/3.2-4114.2.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/3.2-4114.2.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/3.2-4114.2.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/3.2-4114.2.html"}],"law_id":73208,"edition_id":1,"section_id":73208,"structure_id":15190,"section_number":"3.2-4114.2","catch_line":"Authority of Commissioner; notice to law enforcement; report","history":"2018, cc. 689, 690; 2019, cc. 653, 654; 2021, Sp. Sess. I, c. 110; 2023, cc. 744, 794.","full_text":"A\n\nThe Commissioner may charge a nonrefundable fee not to exceed $250 for any application for registration or renewal of registration allowed under this article. The Commissioner may charge a nonrefundable fee for the tetrahydrocannabinol testing allowed under this article. All fees collected by the Commissioner shall be deposited in the state treasury.B\n\nThe Commissioner shall adopt regulations establishing a fee structure for a registration issued pursuant to § 3.2-4115. With the exception of § 2.2-4031, no provision of the Administrative Process Act (§ 2.2-4000 et seq.) or public participation guideline adopted pursuant thereto shall apply to the adoption of any regulation pursuant to this subsection. However, prior to adopting any regulation pursuant to this subsection, the Commissioner shall review the recommendation of an advisory panel that shall consider the economic impact of any proposed fee amount on the Commonwealth’s industrial hemp industry. The advisory panel shall, at a minimum, include (i) an agribusiness representative or organization, (ii) a farming representative or organization, and (iii) a hemp industry representative or organization. Prior to adopting any regulation pursuant to this subsection, the Commissioner shall publish a notice of opportunity to comment in the Virginia Register of Regulations and post the action on the Virginia Regulatory Town Hall. Such notice shall contain (a) a summary of the proposed regulation; (b) the text of the proposed regulation; and (c) the name, address, and telephone number of the agency contact person responsible for receiving public comments. Such notice shall be made at least 60 days in advance of the last date prescribed in such notice of submittals of public comment. The legislative review provisions of subsections A and B of § 2.2-4014 shall apply to the promulgation or final adoption process of regulations pursuant to this subsection. The Commissioner shall consider and keep on file all public comments received for any regulation adopted pursuant to this subsection.C\n\nThe Commissioner may establish an application period for a registration or renewal of registration allowed under this article.D\n\nThe Commissioner shall notify the Superintendent of State Police of each registration issued by the Commissioner under this article and each license submitted to the Commissioner by a federally licensed hemp producer.E\n\nThe Commissioner shall forward a copy or appropriate electronic record of each registration issued by the Commissioner under this article and each license submitted to the Commissioner by a federally licensed hemp producer to the chief law-enforcement officer of the county or city where industrial hemp will be grown, handled, or processed.F\n\nThe Commissioner may monitor the industrial hemp grown, handled, or processed by a person registered pursuant to § 3.2-4115 and provide for random sampling and testing of the industrial hemp in accordance with any criteria established by the Commissioner and at the cost of the grower, handler, or processor, for compliance with tetrahydrocannabinol limits and for other appropriate purposes established pursuant to § 3.2-4114. In addition to any routine inspection and sampling, the Commissioner may inspect and sample the industrial hemp at any production field, handler’s storage site, or process site during normal business hours without advance notice if he has reason to believe a violation of this article is occurring or has occurred.G\n\nThe Commissioner may require a grower, handler, or processor to destroy, at the cost of the grower, handler, or processor and in a manner approved of and verified by the Commissioner, any Cannabis sativa that the grower grows, the handler handles, or the processor processes that has been tested and is found to have a concentration of tetrahydrocannabinol that is greater than that allowed by federal law, or any Cannabis sativa product that the processor produces.H\n\nNotwithstanding the provisions of subsection G, if the provisions of subdivisions 1 and 2 are included in a plan that (i) is submitted by the Department pursuant to \u00a7 10113 of the federal Agriculture Improvement Act of 2018, P.L. 115-334, (ii) requires the Department to monitor and regulate the production of industrial hemp in the Commonwealth, and (iii) is approved by the U.S. Secretary of Agriculture:1\n\nThe Commissioner may require a grower, handler, or processor to destroy, at the cost of the grower, handler, or processor and in a manner approved of and verified by the Commissioner, any Cannabis sativa that the grower grows, the handler handles, or the processor processes that has been tested and is found to have a concentration of tetrahydrocannabinol that is greater than 0.6 percent.2\n\nIf such a test of Cannabis sativa indicates a concentration of tetrahydrocannabinol that is greater than 0.6 percent but less than one percent, the Commissioner shall allow the grower, handler, or processor to request that the Cannabis sativa be sampled and tested again before he requires its destruction.I\n\nThe Commissioner shall advise the Superintendent of State Police or the chief law-enforcement officer of the appropriate county or city when, with a culpable mental state greater than negligence, a grower grows, a handler handles, or a processor processes any Cannabis sativa with a concentration of tetrahydrocannabinol that is greater than that allowed by federal law or a processor produces a Cannabis sativa product.J\n\nThe Commissioner may pursue any permits or waivers from the U.S. Drug Enforcement Administration or appropriate federal agency that he determines to be necessary for the advancement of the industrial hemp industry.K\n\nThe Commissioner may establish a corrective action plan to address a negligent violation of any provision of this article.","order_by":null,"text":{"0":{"id":263540,"text":"The Commissioner may charge a nonrefundable fee not to exceed $250 for any application for registration or renewal of registration allowed under this article. The Commissioner may charge a nonrefundable fee for the tetrahydrocannabinol testing allowed under this article. All fees collected by the Commissioner shall be deposited in the state treasury.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":263541,"text":"The Commissioner shall adopt regulations establishing a fee structure for a registration issued pursuant to § 3.2-4115. With the exception of § 2.2-4031, no provision of the Administrative Process Act (§ 2.2-4000 et seq.) or public participation guideline adopted pursuant thereto shall apply to the adoption of any regulation pursuant to this subsection. However, prior to adopting any regulation pursuant to this subsection, the Commissioner shall review the recommendation of an advisory panel that shall consider the economic impact of any proposed fee amount on the Commonwealth’s industrial hemp industry. The advisory panel shall, at a minimum, include (i) an agribusiness representative or organization, (ii) a farming representative or organization, and (iii) a hemp industry representative or organization. Prior to adopting any regulation pursuant to this subsection, the Commissioner shall publish a notice of opportunity to comment in the Virginia Register of Regulations and post the action on the Virginia Regulatory Town Hall. Such notice shall contain (a) a summary of the proposed regulation; (b) the text of the proposed regulation; and (c) the name, address, and telephone number of the agency contact person responsible for receiving public comments. Such notice shall be made at least 60 days in advance of the last date prescribed in such notice of submittals of public comment. The legislative review provisions of subsections A and B of § 2.2-4014 shall apply to the promulgation or final adoption process of regulations pursuant to this subsection. The Commissioner shall consider and keep on file all public comments received for any regulation adopted pursuant to this subsection.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":263542,"text":"The Commissioner may establish an application period for a registration or renewal of registration allowed under this article.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"3":{"id":263543,"text":"The Commissioner shall notify the Superintendent of State Police of each registration issued by the Commissioner under this article and each license submitted to the Commissioner by a federally licensed hemp producer.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C","next_prefix":"E"},"4":{"id":263544,"text":"The Commissioner shall forward a copy or appropriate electronic record of each registration issued by the Commissioner under this article and each license submitted to the Commissioner by a federally licensed hemp producer to the chief law-enforcement officer of the county or city where industrial hemp will be grown, handled, or processed.","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D","next_prefix":"F"},"5":{"id":263545,"text":"The Commissioner may monitor the industrial hemp grown, handled, or processed by a person registered pursuant to § 3.2-4115 and provide for random sampling and testing of the industrial hemp in accordance with any criteria established by the Commissioner and at the cost of the grower, handler, or processor, for compliance with tetrahydrocannabinol limits and for other appropriate purposes established pursuant to § 3.2-4114. In addition to any routine inspection and sampling, the Commissioner may inspect and sample the industrial hemp at any production field, handler’s storage site, or process site during normal business hours without advance notice if he has reason to believe a violation of this article is occurring or has occurred.","type":"section","prefixes":["F"],"prefix":"F","entire_prefix":"F","prefix_anchor":"F","level":1,"prior_prefix":"E","next_prefix":"G"},"6":{"id":263546,"text":"The Commissioner may require a grower, handler, or processor to destroy, at the cost of the grower, handler, or processor and in a manner approved of and verified by the Commissioner, any Cannabis sativa that the grower grows, the handler handles, or the processor processes that has been tested and is found to have a concentration of tetrahydrocannabinol that is greater than that allowed by federal law, or any Cannabis sativa product that the processor produces.","type":"section","prefixes":["G"],"prefix":"G","entire_prefix":"G","prefix_anchor":"G","level":1,"prior_prefix":"F","next_prefix":"H"},"7":{"id":263547,"text":"Notwithstanding the provisions of subsection G, if the provisions of subdivisions 1 and 2 are included in a plan that (i) is submitted by the Department pursuant to \u00a7 10113 of the federal Agriculture Improvement Act of 2018, P.L. 115-334, (ii) requires the Department to monitor and regulate the production of industrial hemp in the Commonwealth, and (iii) is approved by the U.S. Secretary of Agriculture:","type":"section","prefixes":["H"],"prefix":"H","entire_prefix":"H","prefix_anchor":"H","level":1,"prior_prefix":"G","next_prefix":"H1"},"8":{"id":263548,"text":"The Commissioner may require a grower, handler, or processor to destroy, at the cost of the grower, handler, or processor and in a manner approved of and verified by the Commissioner, any Cannabis sativa that the grower grows, the handler handles, or the processor processes that has been tested and is found to have a concentration of tetrahydrocannabinol that is greater than 0.6 percent.","type":"section","prefixes":["H","1"],"prefix":"1","entire_prefix":"H1","prefix_anchor":"H1","level":2,"prior_prefix":"H","next_prefix":"H2"},"9":{"id":263549,"text":"If such a test of Cannabis sativa indicates a concentration of tetrahydrocannabinol that is greater than 0.6 percent but less than one percent, the Commissioner shall allow the grower, handler, or processor to request that the Cannabis sativa be sampled and tested again before he requires its destruction.","type":"section","prefixes":["H","2"],"prefix":"2","entire_prefix":"H2","prefix_anchor":"H2","level":2,"prior_prefix":"H1","next_prefix":"I"},"10":{"id":263550,"text":"The Commissioner shall advise the Superintendent of State Police or the chief law-enforcement officer of the appropriate county or city when, with a culpable mental state greater than negligence, a grower grows, a handler handles, or a processor processes any Cannabis sativa with a concentration of tetrahydrocannabinol that is greater than that allowed by federal law or a processor produces a Cannabis sativa product.","type":"section","prefixes":["I"],"prefix":"I","entire_prefix":"I","prefix_anchor":"I","level":1,"prior_prefix":"H2","next_prefix":"J"},"11":{"id":263551,"text":"The Commissioner may pursue any permits or waivers from the U.S. Drug Enforcement Administration or appropriate federal agency that he determines to be necessary for the advancement of the industrial hemp industry.","type":"section","prefixes":["J"],"prefix":"J","entire_prefix":"J","prefix_anchor":"J","level":1,"prior_prefix":"I","next_prefix":"K"},"12":{"id":263552,"text":"The Commissioner may establish a corrective action plan to address a negligent violation of any provision of this article.","type":"section","prefixes":["K"],"prefix":"K","entire_prefix":"K","prefix_anchor":"K","level":1,"prior_prefix":"J"}},"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}],"previous_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},"next_section":{"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},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/3.2-4114.2\/","history_text":"

This law was first created in 2018. The record of its establishment is cataloged in chapters 689<\/a> and 690<\/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 2 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 2019, chapters 653<\/a> and 654<\/a>; in 2023, chapters 744<\/a> and 794<\/a>.<\/p>","references":[{"id":66127,"section_number":"3.2-4116","catch_line":"Registration conditions","order_by":null,"url":"\/3.2-4116\/"}],"refers_to":[{"id":86911,"section_number":"2.2-4000","catch_line":"Short title; purpose","order_by":null,"url":"\/2.2-4000\/"},{"id":73052,"section_number":"2.2-4014","catch_line":"Legislative review of proposed and final regulations","order_by":null,"url":"\/2.2-4014\/"},{"id":53967,"section_number":"2.2-4031","catch_line":"Publication of Virginia Register of Regulations; exceptions; notice of public hearings of proposed regulations","order_by":null,"url":"\/2.2-4031\/"},{"id":57850,"section_number":"3.2-4114","catch_line":"Regulations","order_by":null,"url":"\/3.2-4114\/"},{"id":87044,"section_number":"3.2-4115","catch_line":"Issuance of registrations; exemption","order_by":null,"url":"\/3.2-4115\/"}],"permalink":{"id":196207,"object_type":"law","relational_id":73208,"identifier":"3.2-4114.2","token":"3.2\/III\/41.1\/2\/3.2-4114.2","url":"\/3.2-4114.2\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/3.2-4114.2\/","token":"3.2\/III\/41.1\/2\/3.2-4114.2","dublin_core":{"Title":"Authority of Commissioner; notice to law enforcement; report","Type":"Text","Format":"text\/html","Identifier":"\u00a7 3.2-4114.2","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> The Commissioner<\/span> may charge a nonrefundable fee not to exceed $250 for any application for registration or renewal of registration allowed under this article. The Commissioner<\/span> may charge a nonrefundable fee for the tetrahydrocannabinol<\/span> testing allowed under this article. All fees collected by the Commissioner<\/span> shall be deposited in the state treasury. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> The Commissioner<\/span> shall adopt regulations establishing a fee structure for a registration issued pursuant to § 3.2-4115<\/a>. With the exception of § 2.2-4031<\/a>, no provision of the Administrative Process<\/span> Act (§ 2.2-4000<\/a> et seq.) or public participation guideline adopted pursuant thereto shall apply to the adoption of any regulation pursuant to this subsection. However, prior to adopting any regulation pursuant to this subsection, the Commissioner<\/span> shall review the recommendation of an advisory panel<\/span> that shall consider the economic impact of any proposed fee amount on the Commonwealth’s industrial hemp<\/span> industry. The advisory panel<\/span> shall, at a minimum, include (i) an agribusiness representative or organization, (ii) a farming representative or organization, and (iii) a hemp industry representative or organization. Prior to adopting any regulation pursuant to this subsection, the Commissioner<\/span> shall publish a notice of opportunity to comment in the Virginia Register of Regulations and post the action on the Virginia Regulatory Town Hall. Such notice shall contain (a) a summary of the proposed regulation; (b) the text of the proposed regulation; and (c) the name, address, and telephone number of the agency contact person responsible for receiving public comments. Such notice shall be made at least 60 days in advance of the last date prescribed in such notice of submittals of public comment. The legislative review provisions of subsections A and B of § 2.2-4014<\/a> shall apply to the promulgation or final adoption process<\/span> of regulations pursuant to this subsection. The Commissioner<\/span> shall consider and keep on file all public comments received for any regulation adopted pursuant to this subsection. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> The Commissioner<\/span> may establish an application period for a registration or renewal of registration allowed under this article. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> The Commissioner<\/span> shall notify the Superintendent of State Police of each registration issued by the Commissioner<\/span> under this article and each license submitted to the Commissioner<\/span> by a federally licensed hemp producer<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

E.<\/span> The Commissioner<\/span> shall forward a copy or appropriate electronic record of each registration issued by the Commissioner<\/span> under this article and each license submitted to the Commissioner<\/span> by a federally licensed hemp producer<\/span> to the chief law<\/span>-enforcement officer of the county or city where industrial hemp<\/span> will be grown, handled, or processed. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

F.<\/span> The Commissioner<\/span> may monitor the industrial hemp<\/span> grown, handled, or processed by a person registered pursuant to § 3.2-4115<\/a> and provide for random sampling and testing of the industrial hemp<\/span> in accordance with any criteria established by the Commissioner<\/span> and at the cost of the grower<\/span>, handler<\/span>, or processor<\/span>, for compliance with tetrahydrocannabinol<\/span> limits and for other appropriate purposes established pursuant to § 3.2-4114<\/a>. In addition to any routine inspection and sampling, the Commissioner<\/span> may inspect and sample the industrial hemp<\/span> at any production field<\/span>, handler<\/span>’s storage site, or process site<\/span> during normal business hours without advance notice if he has reason to believe a violation of this article is occurring or has occurred. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

G.<\/span> The Commissioner<\/span> may require a grower<\/span>, handler<\/span>, or processor<\/span> to destroy, at the cost of the grower<\/span>, handler<\/span>, or processor<\/span> and in a manner approved of and verified by the Commissioner<\/span>, any Cannabis sativa that the grower<\/span> grows<\/span>, the handler<\/span> handles<\/span>, or the processor<\/span> processes that has been tested and is found to have a concentration of tetrahydrocannabinol<\/span> that is greater than that allowed by federal law<\/span>, or any Cannabis sativa product<\/span> that the processor<\/span> produces. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

H.<\/span> Notwithstanding the provisions of subsection G, if the provisions of subdivisions 1 and 2 are included in a plan that (i) is submitted by the Department<\/span> pursuant to \u00a7 10113 of the federal Agriculture Improvement Act of 2018, P.L. 115-334, (ii) requires the Department<\/span> to monitor and regulate the production of industrial hemp<\/span> in the Commonwealth, and (iii) is approved by the U.S. Secretary of Agriculture: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> The Commissioner<\/span> may require a grower<\/span>, handler<\/span>, or processor<\/span> to destroy, at the cost of the grower<\/span>, handler<\/span>, or processor<\/span> and in a manner approved of and verified by the Commissioner<\/span>, any Cannabis sativa that the grower<\/span> grows<\/span>, the handler<\/span> handles<\/span>, or the processor<\/span> processes that has been tested and is found to have a concentration of tetrahydrocannabinol<\/span> that is greater than 0.6 percent. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> If such a test of Cannabis sativa indicates a concentration of tetrahydrocannabinol<\/span> that is greater than 0.6 percent but less than one percent, the Commissioner<\/span> shall allow the grower<\/span>, handler<\/span>, or processor<\/span> to request that the Cannabis sativa be sampled and tested again before he requires its destruction. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

I.<\/span> The Commissioner<\/span> shall advise the Superintendent of State Police or the chief law<\/span>-enforcement officer of the appropriate county or city when, with a culpable mental state greater than negligence<\/span>, a grower<\/span> grows<\/span>, a handler<\/span> handles<\/span>, or a processor<\/span> processes any Cannabis sativa with a concentration of tetrahydrocannabinol<\/span> that is greater than that allowed by federal law<\/span> or a processor<\/span> produces a Cannabis sativa product<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

J.<\/span> The Commissioner<\/span> may pursue any permits or waivers<\/span> from the U.S. Drug Enforcement Administration or appropriate federal agency that he determines to be necessary for the advancement of the industrial hemp<\/span> industry. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

K.<\/span> The Commissioner<\/span> may establish a corrective action plan to address a negligent violation of any provision of this article. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nAUTHORITY OF COMMISSIONER; NOTICE TO LAW ENFORCEMENT; REPORT (\u00a7 3.2-4114.2)\n\nA. The Commissioner may charge a nonrefundable fee not to exceed $250 for any\napplication for registration or renewal of registration allowed under this\narticle. The Commissioner may charge a nonrefundable fee for the\ntetrahydrocannabinol testing allowed under this article. All fees collected by\nthe Commissioner shall be deposited in the state treasury.\n\nB. The Commissioner shall adopt regulations establishing a fee structure for a\nregistration issued pursuant to § 3.2-4115. With the exception of §\n2.2-4031, no provision of the Administrative Process Act (§ 2.2-4000 et\nseq.) or public participation guideline adopted pursuant thereto shall apply to\nthe adoption of any regulation pursuant to this subsection. However, prior to\nadopting any regulation pursuant to this subsection, the Commissioner shall\nreview the recommendation of an advisory panel that shall consider the economic\nimpact of any proposed fee amount on the Commonwealth’s industrial hemp\nindustry. The advisory panel shall, at a minimum, include (i) an agribusiness\nrepresentative or organization, (ii) a farming representative or organization,\nand (iii) a hemp industry representative or organization. Prior to adopting any\nregulation pursuant to this subsection, the Commissioner shall publish a notice\nof opportunity to comment in the Virginia Register of Regulations and post the\naction on the Virginia Regulatory Town Hall. Such notice shall contain (a) a\nsummary of the proposed regulation; (b) the text of the proposed regulation; and\n(c) the name, address, and telephone number of the agency contact person\nresponsible for receiving public comments. Such notice shall be made at least 60\ndays in advance of the last date prescribed in such notice of submittals of\npublic comment. The legislative review provisions of subsections A and B of\n§ 2.2-4014 shall apply to the promulgation or final adoption process of\nregulations pursuant to this subsection. The Commissioner shall consider and\nkeep on file all public comments received for any regulation adopted pursuant to\nthis subsection.\n\nC. The Commissioner may establish an application period for a registration or\nrenewal of registration allowed under this article.\n\nD. The Commissioner shall notify the Superintendent of State Police of each\nregistration issued by the Commissioner under this article and each license\nsubmitted to the Commissioner by a federally licensed hemp producer.\n\nE. The Commissioner shall forward a copy or appropriate electronic record of\neach registration issued by the Commissioner under this article and each license\nsubmitted to the Commissioner by a federally licensed hemp producer to the chief\nlaw-enforcement officer of the county or city where industrial hemp will be\ngrown, handled, or processed.\n\nF. The Commissioner may monitor the industrial hemp grown, handled, or processed\nby a person registered pursuant to § 3.2-4115 and provide for random\nsampling and testing of the industrial hemp in accordance with any criteria\nestablished by the Commissioner and at the cost of the grower, handler, or\nprocessor, for compliance with tetrahydrocannabinol limits and for other\nappropriate purposes established pursuant to § 3.2-4114. In addition to any\nroutine inspection and sampling, the Commissioner may inspect and sample the\nindustrial hemp at any production field, handler’s storage site, or\nprocess site during normal business hours without advance notice if he has\nreason to believe a violation of this article is occurring or has occurred.\n\nG. The Commissioner may require a grower, handler, or processor to destroy, at\nthe cost of the grower, handler, or processor and in a manner approved of and\nverified by the Commissioner, any Cannabis sativa that the grower grows, the\nhandler handles, or the processor processes that has been tested and is found to\nhave a concentration of tetrahydrocannabinol that is greater than that allowed\nby federal law, or any Cannabis sativa product that the processor produces.\n\nH. Notwithstanding the provisions of subsection G, if the provisions of\nsubdivisions 1 and 2 are included in a plan that (i) is submitted by the\nDepartment pursuant to \u00a7 10113 of the federal Agriculture Improvement Act of\n2018, P.L. 115-334, (ii) requires the Department to monitor and regulate the\nproduction of industrial hemp in the Commonwealth, and (iii) is approved by the\nU.S. Secretary of Agriculture:\n\n 1. The Commissioner may require a grower, handler, or processor to destroy, at\n the cost of the grower, handler, or processor and in a manner approved of and\n verified by the Commissioner, any Cannabis sativa that the grower grows, the\n handler handles, or the processor processes that has been tested and is found\n to have a concentration of tetrahydrocannabinol that is greater than 0.6\n percent.\n\n 2. If such a test of Cannabis sativa indicates a concentration of\n tetrahydrocannabinol that is greater than 0.6 percent but less than one\n percent, the Commissioner shall allow the grower, handler, or processor to\n request that the Cannabis sativa be sampled and tested again before he\n requires its destruction.\n\nI. The Commissioner shall advise the Superintendent of State Police or the chief\nlaw-enforcement officer of the appropriate county or city when, with a culpable\nmental state greater than negligence, a grower grows, a handler handles, or a\nprocessor processes any Cannabis sativa with a concentration of\ntetrahydrocannabinol that is greater than that allowed by federal law or a\nprocessor produces a Cannabis sativa product.\n\nJ. The Commissioner may pursue any permits or waivers from the U.S. Drug\nEnforcement Administration or appropriate federal agency that he determines to\nbe necessary for the advancement of the industrial hemp industry.\n\nK. The Commissioner may establish a corrective action plan to address a\nnegligent violation of any provision of this article.\n\nHISTORY: 2018, cc. 689, 690; 2019, cc. 653, 654; 2021, Sp. Sess. I, c. 110;\n2023, 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}}