                                 CODE OF VIRGINIA

SELLERS OR MANUFACTURERS OF INDUSTRIAL HEMP EXTRACT; PENALTIES (§ 3.2-5145.2:1)

A. 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.

B. 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 &#xA7; 3.2-5100, unless exempt
from a permit pursuant to subdivision C 6 of &#xA7; 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. 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 &#xA7; 3.2-5100, unless exempt
from a permit pursuant to subdivision C 6 of &#xA7; 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. The Commissioner may, in accordance with the Administrative Process Act
(&#xA7; 2.2-4000 et seq.), deny, suspend, or revoke a permit issued pursuant to
&#xA7; 3.2-5100 if the permitted entity is found to have violated subdivision A
69, 70, 71, 72, 73, or 74 of &#xA7; 59.1-200 by a court of competent
jurisdiction.

E. 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
(&#xA7; 54.1-3400 et seq.) or (ii) dispensed pursuant to Article 4.2 (&#xA7;
54.1-3442.5 et seq.) of Chapter 34 of Title 54.1.

HISTORY: 2022, Sp. Sess. I, c. 2; 2023, cc. 744, 794.