{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/3.2-5145.2_1.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/3.2-5145.2_1.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/3.2-5145.2_1.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/3.2-5145.2_1.html"}],"law_id":57892,"edition_id":1,"section_id":57892,"structure_id":15208,"section_number":"3.2-5145.2:1","catch_line":"Sellers or manufacturers of industrial hemp extract; penalties","history":"2022, Sp. Sess. I, c. 2; 2023, cc. 744, 794.","full_text":"A\n\nAny person who manufactures, sells, or offers for sale an industrial hemp extract or food containing an industrial hemp extract shall be subject to the requirements of this chapter and regulations adopted pursuant to this chapter.B\n\nAny person who (i) manufactures, sells, or offers for sale an industrial hemp extract or food containing an industrial hemp extract without first obtaining a permit to do so from the Commissioner pursuant to § 3.2-5100, unless exempt from a permit pursuant to subdivision C 6 of § 3.2-5130; (ii) continues to manufacture, sell, or offer for sale an industrial hemp extract or food containing an industrial hemp extract after revocation or suspension of such permit; (iii) fails to disclose on a form prescribed by the Commissioner that he intends to manufacture, sell, or offer for sale a substance intended to be consumed orally that contains an industrial hemp-derived cannabinoid; (iv) sells or offers for sale at retail a food that (a) contains a total tetrahydrocannabinol concentration that is greater than 0.3 percent or (b) contains more than two milligrams of total tetrahydrocannabinol per package and does not contain an amount of cannabidiol that is at least 25 times greater than the amount of total tetrahydrocannabinol per package; (v) manufactures, offers for sale, or sells in violation of this chapter or a regulation adopted pursuant to this chapter a substance intended to be consumed orally that is advertised or labeled as containing an industrial hemp-derived cannabinoid; or (vi) otherwise violates any provision of this chapter or a regulation adopted pursuant to this chapter, in addition to any other penalties provided, is subject to a civil penalty not to exceed $10,000 for each day a violation occurs. Such penalty shall be collected by the Commissioner and the proceeds shall be payable to the State Treasurer for remittance to the Department.C\n\nAny person who (i) manufactures, sells, or offers for sale an industrial hemp extract or food containing an industrial hemp extract without first obtaining a permit to do so from the Commissioner pursuant to § 3.2-5100, unless exempt from a permit pursuant to subdivision C 6 of § 3.2-5130; (ii) continues to manufacture, sell, or offer for sale an industrial hemp extract or food containing an industrial hemp extract after revocation or suspension of such permit; (iii) fails to disclose on a form prescribed by the Commissioner that he intends to manufacture, sell, or offer for sale a substance intended to be consumed orally that contains an industrial hemp-derived cannabinoid; (iv) manufactures, offers for sale, or sells in violation of this chapter or a regulation adopted pursuant to this chapter a substance intended to be consumed orally that is advertised or labeled as containing an industrial hemp-derived cannabinoid; or (v) otherwise violates any provision of this chapter or a regulation adopted pursuant to this chapter, in addition to any other penalties provided, is guilty of a Class 1 misdemeanor. Each day in which a violation occurs shall constitute a separate offense.D\n\nThe Commissioner may, in accordance with the Administrative Process Act (§ 2.2-4000 et seq.), deny, suspend, or revoke a permit issued pursuant to § 3.2-5100 if the permitted entity is found to have violated subdivision A 69, 70, 71, 72, 73, or 74 of § 59.1-200 by a court of competent jurisdiction.E\n\nThis section shall not apply to products that are (i) approved for marketing by the U.S. Food and Drug Administration and scheduled in the Drug Control Act (§ 54.1-3400 et seq.) or (ii) dispensed pursuant to Article 4.2 (§ 54.1-3442.5 et seq.) of Chapter 34 of Title 54.1.","order_by":null,"text":{"0":{"id":212081,"text":"Any person who manufactures, sells, or offers for sale an industrial hemp extract or food containing an industrial hemp extract shall be subject to the requirements of this chapter and regulations adopted pursuant to this chapter.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":212082,"text":"Any person who (i) manufactures, sells, or offers for sale an industrial hemp extract or food containing an industrial hemp extract without first obtaining a permit to do so from the Commissioner pursuant to § 3.2-5100, unless exempt from a permit pursuant to subdivision C 6 of § 3.2-5130; (ii) continues to manufacture, sell, or offer for sale an industrial hemp extract or food containing an industrial hemp extract after revocation or suspension of such permit; (iii) fails to disclose on a form prescribed by the Commissioner that he intends to manufacture, sell, or offer for sale a substance intended to be consumed orally that contains an industrial hemp-derived cannabinoid; (iv) sells or offers for sale at retail a food that (a) contains a total tetrahydrocannabinol concentration that is greater than 0.3 percent or (b) contains more than two milligrams of total tetrahydrocannabinol per package and does not contain an amount of cannabidiol that is at least 25 times greater than the amount of total tetrahydrocannabinol per package; (v) manufactures, offers for sale, or sells in violation of this chapter or a regulation adopted pursuant to this chapter a substance intended to be consumed orally that is advertised or labeled as containing an industrial hemp-derived cannabinoid; or (vi) otherwise violates any provision of this chapter or a regulation adopted pursuant to this chapter, in addition to any other penalties provided, is subject to a civil penalty not to exceed $10,000 for each day a violation occurs. Such penalty shall be collected by the Commissioner and the proceeds shall be payable to the State Treasurer for remittance to the Department.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":212083,"text":"Any person who (i) manufactures, sells, or offers for sale an industrial hemp extract or food containing an industrial hemp extract without first obtaining a permit to do so from the Commissioner pursuant to § 3.2-5100, unless exempt from a permit pursuant to subdivision C 6 of § 3.2-5130; (ii) continues to manufacture, sell, or offer for sale an industrial hemp extract or food containing an industrial hemp extract after revocation or suspension of such permit; (iii) fails to disclose on a form prescribed by the Commissioner that he intends to manufacture, sell, or offer for sale a substance intended to be consumed orally that contains an industrial hemp-derived cannabinoid; (iv) manufactures, offers for sale, or sells in violation of this chapter or a regulation adopted pursuant to this chapter a substance intended to be consumed orally that is advertised or labeled as containing an industrial hemp-derived cannabinoid; or (v) otherwise violates any provision of this chapter or a regulation adopted pursuant to this chapter, in addition to any other penalties provided, is guilty of a Class 1 misdemeanor. Each day in which a violation occurs shall constitute a separate offense.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"3":{"id":212084,"text":"The Commissioner may, in accordance with the Administrative Process Act (§ 2.2-4000 et seq.), deny, suspend, or revoke a permit issued pursuant to § 3.2-5100 if the permitted entity is found to have violated subdivision A 69, 70, 71, 72, 73, or 74 of § 59.1-200 by a court of competent jurisdiction.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C","next_prefix":"E"},"4":{"id":212085,"text":"This section shall not apply to products that are (i) approved for marketing by the U.S. Food and Drug Administration and scheduled in the Drug Control Act (§ 54.1-3400 et seq.) or (ii) dispensed pursuant to Article 4.2 (§ 54.1-3442.5 et seq.) of Chapter 34 of Title 54.1.","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D"}},"ancestry":[{"id":15208,"edition_id":1,"name":"Industrial Hemp Extract Intended for Human Consumption","identifier":"5","label":"article","depth":4,"order_by":1,"parent_id":14561,"metadata":{},"date_created":"2026-06-26 03:52:58","date_modified":"2026-06-26 03:52:58","permalink":{"id":197325,"object_type":"structure","relational_id":15208,"identifier":"5","token":"3.2\/IV\/51\/5","url":"\/3.2\/IV\/51\/5\/","edition_id":1,"permalink":0,"preferred":1}},{"id":14561,"edition_id":1,"name":"Food and Drink","identifier":"51","label":"chapter","depth":3,"order_by":1,"parent_id":12965,"metadata":{},"date_created":"2026-06-26 03:48:40","date_modified":"2026-06-26 03:48:40","permalink":{"id":197127,"object_type":"structure","relational_id":14561,"identifier":"51","token":"3.2\/IV\/51","url":"\/3.2\/IV\/51\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12965,"edition_id":1,"name":"Food and Drink; Weights and Measures","identifier":"IV","label":"subtitle","depth":2,"order_by":1,"parent_id":12793,"metadata":{},"date_created":"2026-06-26 03:44:05","date_modified":"2026-06-26 03:44:05","permalink":{"id":197125,"object_type":"structure","relational_id":12965,"identifier":"IV","token":"3.2\/IV","url":"\/3.2\/IV\/","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":81195,"structure_id":15208,"section_number":"3.2-5145.1","catch_line":"Definitions","url":"\/3.2-5145.1\/","token":"3.2\/IV\/51\/5\/3.2-5145.1","metadata":false},{"id":75869,"structure_id":15208,"section_number":"3.2-5145.2","catch_line":"Industrial hemp extract; approved food","url":"\/3.2-5145.2\/","token":"3.2\/IV\/51\/5\/3.2-5145.2","metadata":false},{"id":57892,"structure_id":15208,"section_number":"3.2-5145.2:1","catch_line":"Sellers or manufacturers of industrial hemp extract; penalties","url":"\/3.2-5145.2_1\/","token":"3.2\/IV\/51\/5\/3.2-5145.2_1","metadata":false},{"id":82907,"structure_id":15208,"section_number":"3.2-5145.3","catch_line":"Manufacturer of industrial hemp extract or food containing an industrial hemp extract","url":"\/3.2-5145.3\/","token":"3.2\/IV\/51\/5\/3.2-5145.3","metadata":false},{"id":60212,"structure_id":15208,"section_number":"3.2-5145.4","catch_line":"Industrial hemp extract requirements","url":"\/3.2-5145.4\/","token":"3.2\/IV\/51\/5\/3.2-5145.4","metadata":false},{"id":68087,"structure_id":15208,"section_number":"3.2-5145.4:1","catch_line":"Labeling and packaging requirements","url":"\/3.2-5145.4_1\/","token":"3.2\/IV\/51\/5\/3.2-5145.4_1","metadata":false},{"id":77295,"structure_id":15208,"section_number":"3.2-5145.5","catch_line":"Regulations","url":"\/3.2-5145.5\/","token":"3.2\/IV\/51\/5\/3.2-5145.5","metadata":false}],"previous_section":{"id":75869,"structure_id":15208,"section_number":"3.2-5145.2","catch_line":"Industrial hemp extract; approved food","url":"\/3.2-5145.2\/","token":"3.2\/IV\/51\/5\/3.2-5145.2","metadata":false},"next_section":{"id":82907,"structure_id":15208,"section_number":"3.2-5145.3","catch_line":"Manufacturer of industrial hemp extract or food containing an industrial hemp extract","url":"\/3.2-5145.3\/","token":"3.2\/IV\/51\/5\/3.2-5145.3","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/3.2-5145.2:1\/","history_text":"

The record of this law\u2019s original creation isn\u2019t available online. It has been modified 1 time. 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. That modification is as follows: 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":87058,"section_number":"3.2-5100","catch_line":"Duties of Commissioner","order_by":null,"url":"\/3.2-5100\/"},{"id":59766,"section_number":"3.2-5130","catch_line":"Inspections required to operate food establishment","order_by":null,"url":"\/3.2-5130\/"},{"id":77846,"section_number":"54.1-3400","catch_line":"Citation","order_by":null,"url":"\/54.1-3400\/"},{"id":68201,"section_number":"54.1-3442.5","catch_line":"Repealed","order_by":null,"url":"\/54.1-3442.5\/"},{"id":82977,"section_number":"59.1-200","catch_line":"Prohibited practices","order_by":null,"url":"\/59.1-200\/"}],"permalink":{"id":197335,"object_type":"law","relational_id":57892,"identifier":"3.2-5145.2:1","token":"3.2\/IV\/51\/5\/3.2-5145.2_1","url":"\/3.2-5145.2_1\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/3.2-5145.2_1\/","token":"3.2\/IV\/51\/5\/3.2-5145.2_1","dublin_core":{"Title":"Sellers or manufacturers of industrial hemp extract; penalties","Type":"Text","Format":"text\/html","Identifier":"\u00a7 3.2-5145.2:1","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> Any person who manufactures, sells, or offers for sale an industrial hemp extract<\/span> or food<\/span> containing an industrial hemp extract<\/span> shall be subject to the requirements of this chapter and regulations adopted pursuant to this chapter. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> Any person who (i) manufactures, sells, or offers for sale an industrial hemp extract<\/span> or food<\/span> containing an industrial hemp extract<\/span> without first obtaining a permit to do so from the Commissioner<\/span> pursuant to § 3.2-5100<\/a>, unless exempt from a permit pursuant to subdivision C 6 of § 3.2-5130<\/a>; (ii) continues to manufacture, sell, or offer for sale an industrial hemp extract<\/span> or food<\/span> containing an industrial hemp extract<\/span> after revocation<\/span> or suspension of such permit; (iii) fails to disclose on a form prescribed by the Commissioner<\/span> that he intends to manufacture, sell, or offer for sale a substance intended to be consumed orally that contains an industrial hemp-derived cannabinoid; (iv) sells or offers for sale at retail a food<\/span> that (a) contains a total tetrahydrocannabinol<\/span> concentration that is greater than 0.3 percent or (b) contains more than two milligrams of total tetrahydrocannabinol<\/span> per package and does not contain an amount of cannabidiol that is at least 25 times greater than the amount of total tetrahydrocannabinol<\/span> per package; (v) manufactures, offers for sale, or sells in violation of this chapter or a regulation adopted pursuant to this chapter a substance intended to be consumed orally that is advertised or labeled as containing an industrial hemp-derived cannabinoid; or (vi) otherwise violates any provision of this chapter or a regulation adopted pursuant to this chapter, in addition to any other penalties provided, is subject to a civil penalty<\/span> not to exceed $10,000 for each day a violation occurs. Such penalty<\/span> shall be collected by the Commissioner<\/span> and the proceeds shall be payable to the State Treasurer for remittance to the Department<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> Any person who (i) manufactures, sells, or offers for sale an industrial hemp extract<\/span> or food<\/span> containing an industrial hemp extract<\/span> without first obtaining a permit to do so from the Commissioner<\/span> pursuant to § 3.2-5100<\/a>, unless exempt from a permit pursuant to subdivision C 6 of § 3.2-5130<\/a>; (ii) continues to manufacture, sell, or offer for sale an industrial hemp extract<\/span> or food<\/span> containing an industrial hemp extract<\/span> after revocation<\/span> or suspension of such permit; (iii) fails to disclose on a form prescribed by the Commissioner<\/span> that he intends to manufacture, sell, or offer for sale a substance intended to be consumed orally that contains an industrial hemp-derived cannabinoid; (iv) manufactures, offers for sale, or sells in violation of this chapter or a regulation adopted pursuant to this chapter a substance intended to be consumed orally that is advertised or labeled as containing an industrial hemp-derived cannabinoid; or (v) otherwise violates any provision of this chapter or a regulation adopted pursuant to this chapter, in addition to any other penalties provided, is guilty of a Class 1 misdemeanor<\/span>. Each day in which a violation occurs shall constitute a separate offense<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> The Commissioner<\/span> may, in accordance with the Administrative Process Act (§ 2.2-4000<\/a> et seq.), deny, suspend, or revoke a permit issued pursuant to § 3.2-5100<\/a> if the permitted entity is found to have violated subdivision A 69, 70, 71, 72, 73, or 74 of § 59.1-200<\/a> by a court<\/span> of competent jurisdiction<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

E.<\/span> This section shall not apply to products that are (i) approved for marketing by the U.S. Food<\/span> and Drug Administration and scheduled in the Drug Control Act (§ 54.1-3400<\/a> et seq.) or (ii) dispensed pursuant to Article 4.2 (§ 54.1-3442.5<\/a> et seq.) of Chapter 34 of Title 54.1. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nSELLERS OR MANUFACTURERS OF INDUSTRIAL HEMP EXTRACT; PENALTIES (\u00a7 3.2-5145.2:1)\n\nA. Any person who manufactures, sells, or offers for sale an industrial hemp\nextract or food containing an industrial hemp extract shall be subject to the\nrequirements of this chapter and regulations adopted pursuant to this chapter.\n\nB. Any person who (i) manufactures, sells, or offers for sale an industrial hemp\nextract or food containing an industrial hemp extract without first obtaining a\npermit to do so from the Commissioner pursuant to § 3.2-5100, unless exempt\nfrom a permit pursuant to subdivision C 6 of § 3.2-5130; (ii) continues to\nmanufacture, sell, or offer for sale an industrial hemp extract or food\ncontaining an industrial hemp extract after revocation or suspension of such\npermit; (iii) fails to disclose on a form prescribed by the Commissioner that he\nintends to manufacture, sell, or offer for sale a substance intended to be\nconsumed orally that contains an industrial hemp-derived cannabinoid; (iv) sells\nor offers for sale at retail a food that (a) contains a total\ntetrahydrocannabinol concentration that is greater than 0.3 percent or (b)\ncontains more than two milligrams of total tetrahydrocannabinol per package and\ndoes not contain an amount of cannabidiol that is at least 25 times greater than\nthe amount of total tetrahydrocannabinol per package; (v) manufactures, offers\nfor sale, or sells in violation of this chapter or a regulation adopted pursuant\nto this chapter a substance intended to be consumed orally that is advertised or\nlabeled as containing an industrial hemp-derived cannabinoid; or (vi) otherwise\nviolates any provision of this chapter or a regulation adopted pursuant to this\nchapter, in addition to any other penalties provided, is subject to a civil\npenalty not to exceed $10,000 for each day a violation occurs. Such penalty\nshall be collected by the Commissioner and the proceeds shall be payable to the\nState Treasurer for remittance to the Department.\n\nC. Any person who (i) manufactures, sells, or offers for sale an industrial hemp\nextract or food containing an industrial hemp extract without first obtaining a\npermit to do so from the Commissioner pursuant to § 3.2-5100, unless exempt\nfrom a permit pursuant to subdivision C 6 of § 3.2-5130; (ii) continues to\nmanufacture, sell, or offer for sale an industrial hemp extract or food\ncontaining an industrial hemp extract after revocation or suspension of such\npermit; (iii) fails to disclose on a form prescribed by the Commissioner that he\nintends to manufacture, sell, or offer for sale a substance intended to be\nconsumed orally that contains an industrial hemp-derived cannabinoid; (iv)\nmanufactures, offers for sale, or sells in violation of this chapter or a\nregulation adopted pursuant to this chapter a substance intended to be consumed\norally that is advertised or labeled as containing an industrial hemp-derived\ncannabinoid; or (v) otherwise violates any provision of this chapter or a\nregulation adopted pursuant to this chapter, in addition to any other penalties\nprovided, is guilty of a Class 1 misdemeanor. Each day in which a violation\noccurs shall constitute a separate offense.\n\nD. The Commissioner may, in accordance with the Administrative Process Act\n(§ 2.2-4000 et seq.), deny, suspend, or revoke a permit issued pursuant to\n§ 3.2-5100 if the permitted entity is found to have violated subdivision A\n69, 70, 71, 72, 73, or 74 of § 59.1-200 by a court of competent\njurisdiction.\n\nE. This section shall not apply to products that are (i) approved for marketing\nby the U.S. Food and Drug Administration and scheduled in the Drug Control Act\n(§ 54.1-3400 et seq.) or (ii) dispensed pursuant to Article 4.2 (§\n54.1-3442.5 et seq.) of Chapter 34 of Title 54.1.\n\nHISTORY: 2022, Sp. Sess. I, c. 2; 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}}