{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/3.2-4118.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/3.2-4118.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/3.2-4118.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/3.2-4118.html"}],"law_id":61850,"edition_id":1,"section_id":61850,"structure_id":15190,"section_number":"3.2-4118","catch_line":"Forfeiture of industrial hemp grower, handler, or processor registration; violations","history":"2015, cc. 158, 180; 2018, cc. 689, 690; 2019, cc. 653, 654; 2021, Sp. Sess. I, c. 110; 2023, cc. 744, 794.","full_text":"A\n\nThe Commissioner shall deny the application, or suspend or revoke the registration, of any person who, with a culpable mental state greater than negligence, violates any provision of this article. The Commissioner shall provide reasonable notice of an informal fact-finding conference pursuant to § 2.2-4019 to any person in connection with the denial, suspension, or revocation of a registration.B\n\nIf a registration is revoked as the result of an informal hearing, the decision may be appealed, and upon appeal an administrative hearing shall be conducted in accordance with the Administrative Process Act (§ 2.2-4000 et seq.). The grower, handler, or processor may appeal a final order to the circuit court in accordance with the Administrative Process Act.C\n\nA person issued a registration pursuant to § 3.2-4115 who negligently (i) fails to provide a description and geographic data sufficient for locating his production field, handler’s storage site, or process site; (ii) grows, handles, or processes Cannabis sativa with a tetrahydrocannabinol concentration greater than that allowed by federal law; or (iii) produces a Cannabis sativa product shall comply with any corrective action plan established by the Commissioner in accordance with the provisions of subsection E. The Commissioner shall not deem a grower negligent if such grower makes reasonable efforts to grow industrial hemp and grows 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).D\n\nA person who grows, handles, or processes industrial hemp and who negligently fails to register pursuant to § 3.2-4115 shall comply with any corrective action plan established by the Commissioner in accordance with the provisions of subsection E.E\n\nA corrective action plan established by the Commissioner in response to a negligent violation of a provision of this article shall identify a reasonable date by which the person who is the subject of the plan shall correct the negligent violation and shall require such person to report periodically for not less than two calendar years to the Commissioner on the person’s compliance with the provisions of this article.F\n\nNo person who negligently violates the provisions of this article three times in a five-year period shall be eligible to grow, handle, or process industrial hemp for a period of five years beginning on the date of the third violation.","order_by":null,"text":{"0":{"id":225856,"text":"The Commissioner shall deny the application, or suspend or revoke the registration, of any person who, with a culpable mental state greater than negligence, violates any provision of this article. The Commissioner shall provide reasonable notice of an informal fact-finding conference pursuant to § 2.2-4019 to any person in connection with the denial, suspension, or revocation of a registration.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":225857,"text":"If a registration is revoked as the result of an informal hearing, the decision may be appealed, and upon appeal an administrative hearing shall be conducted in accordance with the Administrative Process Act (§ 2.2-4000 et seq.). The grower, handler, or processor may appeal a final order to the circuit court in accordance with the Administrative Process Act.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":225858,"text":"A person issued a registration pursuant to § 3.2-4115 who negligently (i) fails to provide a description and geographic data sufficient for locating his production field, handler’s storage site, or process site; (ii) grows, handles, or processes Cannabis sativa with a tetrahydrocannabinol concentration greater than that allowed by federal law; or (iii) produces a Cannabis sativa product shall comply with any corrective action plan established by the Commissioner in accordance with the provisions of subsection E. The Commissioner shall not deem a grower negligent if such grower makes reasonable efforts to grow industrial hemp and grows 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).","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"3":{"id":225859,"text":"A person who grows, handles, or processes industrial hemp and who negligently fails to register pursuant to § 3.2-4115 shall comply with any corrective action plan established by the Commissioner in accordance with the provisions of subsection E.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C","next_prefix":"E"},"4":{"id":225860,"text":"A corrective action plan established by the Commissioner in response to a negligent violation of a provision of this article shall identify a reasonable date by which the person who is the subject of the plan shall correct the negligent violation and shall require such person to report periodically for not less than two calendar years to the Commissioner on the person’s compliance with the provisions of this article.","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D","next_prefix":"F"},"5":{"id":225861,"text":"No person who negligently violates the provisions of this article three times in a five-year period shall be eligible to grow, handle, or process industrial hemp for a period of five years beginning on the date of the third violation.","type":"section","prefixes":["F"],"prefix":"F","entire_prefix":"F","prefix_anchor":"F","level":1,"prior_prefix":"E"}},"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":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},"next_section":{"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},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/3.2-4118\/","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 3 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 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":86911,"section_number":"2.2-4000","catch_line":"Short title; purpose","order_by":null,"url":"\/2.2-4000\/"},{"id":85983,"section_number":"2.2-4019","catch_line":"Informal fact finding proceedings","order_by":null,"url":"\/2.2-4019\/"},{"id":87044,"section_number":"3.2-4115","catch_line":"Issuance of registrations; exemption","order_by":null,"url":"\/3.2-4115\/"}],"permalink":{"id":196219,"object_type":"law","relational_id":61850,"identifier":"3.2-4118","token":"3.2\/III\/41.1\/2\/3.2-4118","url":"\/3.2-4118\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/3.2-4118\/","token":"3.2\/III\/41.1\/2\/3.2-4118","dublin_core":{"Title":"Forfeiture of industrial hemp grower, handler, or processor registration; violations","Type":"Text","Format":"text\/html","Identifier":"\u00a7 3.2-4118","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> The Commissioner<\/span> shall deny the application, or suspend or revoke the registration, of any person who, with a culpable mental state greater than negligence<\/span>, violates any provision of this article. The Commissioner<\/span> shall provide reasonable notice of an informal fact<\/span>-finding<\/span> conference pursuant to § 2.2-4019<\/a> to any person in connection with the denial, suspension, or revocation<\/span> of a registration. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> If a registration is revoked as the result of an informal hearing<\/span>, the decision may be appealed, and upon appeal<\/span> an administrative hearing<\/span> shall be conducted in accordance with the Administrative Process<\/span> Act (§ 2.2-4000<\/a> et seq.). The grower<\/span>, handler<\/span>, or processor<\/span> may appeal<\/span> a final order<\/span> to the circuit<\/span> court<\/span> in accordance with the Administrative Process<\/span> Act. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> A person issued a registration pursuant to § 3.2-4115<\/a> who negligently (i) fails to provide a description and geographic data sufficient for locating his production field<\/span>, handler<\/span>’s storage site, or process site<\/span>; (ii) grows<\/span>, handles<\/span>, or processes Cannabis sativa with a tetrahydrocannabinol concentration greater than that allowed by federal law<\/span>; or (iii) produces a Cannabis sativa product<\/span> shall comply with any corrective action plan established by the Commissioner<\/span> in accordance with the provisions of subsection E. The Commissioner<\/span> shall not deem a grower<\/span> negligent if such grower<\/span> makes reasonable efforts to grow<\/span> industrial hemp<\/span> and grows<\/span> 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). <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> A person who grows<\/span>, handles<\/span>, or processes industrial hemp<\/span> and who negligently fails to register pursuant to § 3.2-4115<\/a> shall comply with any corrective action plan established by the Commissioner<\/span> in accordance with the provisions of subsection E. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

E.<\/span> A corrective action plan established by the Commissioner<\/span> in response to a negligent violation of a provision of this article shall identify a reasonable date by which the person who is the subject of the plan shall correct the negligent violation and shall require such person to report periodically for not less than two calendar years to the Commissioner<\/span> on the person’s compliance with the provisions of this article. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

F.<\/span> No person who negligently violates the provisions of this article three times in a five-year period shall be eligible to grow<\/span>, handle<\/span>, or process industrial hemp<\/span> for a period of five years beginning on the date of the third violation. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nFORFEITURE OF INDUSTRIAL HEMP GROWER, HANDLER, OR PROCESSOR REGISTRATION;\nVIOLATIONS (\u00a7 3.2-4118)\n\nA. The Commissioner shall deny the application, or suspend or revoke the\nregistration, of any person who, with a culpable mental state greater than\nnegligence, violates any provision of this article. The Commissioner shall\nprovide reasonable notice of an informal fact-finding conference pursuant to\n§ 2.2-4019 to any person in connection with the denial, suspension, or\nrevocation of a registration.\n\nB. If a registration is revoked as the result of an informal hearing, the\ndecision may be appealed, and upon appeal an administrative hearing shall be\nconducted in accordance with the Administrative Process Act (§ 2.2-4000 et\nseq.). The grower, handler, or processor may appeal a final order to the circuit\ncourt in accordance with the Administrative Process Act.\n\nC. A person issued a registration pursuant to § 3.2-4115 who negligently\n(i) fails to provide a description and geographic data sufficient for locating\nhis production field, handler’s storage site, or process site; (ii) grows,\nhandles, or processes Cannabis sativa with a tetrahydrocannabinol concentration\ngreater than that allowed by federal law; or (iii) produces a Cannabis sativa\nproduct shall comply with any corrective action plan established by the\nCommissioner in accordance with the provisions of subsection E. The Commissioner\nshall not deem a grower negligent if such grower makes reasonable efforts to\ngrow industrial hemp and grows Cannabis sativa with a tetrahydrocannabinol\nconcentration that does not exceed the total tetrahydrocannabinol concentration\npercentage established in federal regulations applicable to negligent violations\nlocated at 7 C.F.R. § 990.6(b)(3).\n\nD. A person who grows, handles, or processes industrial hemp and who negligently\nfails to register pursuant to § 3.2-4115 shall comply with any corrective\naction plan established by the Commissioner in accordance with the provisions of\nsubsection E.\n\nE. A corrective action plan established by the Commissioner in response to a\nnegligent violation of a provision of this article shall identify a reasonable\ndate by which the person who is the subject of the plan shall correct the\nnegligent violation and shall require such person to report periodically for not\nless than two calendar years to the Commissioner on the person’s\ncompliance with the provisions of this article.\n\nF. No person who negligently violates the provisions of this article three times\nin a five-year period shall be eligible to grow, handle, or process industrial\nhemp for a period of five years beginning on the date of the third violation.\n\nHISTORY: 2015, cc. 158, 180; 2018, cc. 689, 690; 2019, cc. 653, 654; 2021, Sp.\nSess. I, c. 110; 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}}