                                 CODE OF VIRGINIA

PRODUCTION OF INDUSTRIAL HEMP LAWFUL (§ 3.2-4113)

A. 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 (&#xA7; 4.1-1100 et seq.) of Title 4.1 or &#xA7; 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.
&#xA7;  990.6(b)(3). No handler or his agent or processor or his agent shall be
prosecuted under Chapter 11 (&#xA7; 4.1-1100 et seq.) of Title 4.1 or &#xA7;
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 (&#xA7; 18.2-247 et seq.) of
Chapter 7 of Title 18.2 or the Drug Control Act (&#xA7; 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. Nothing in this article shall be construed to authorize any person to violate
any federal law or regulation.

C. No person shall be prosecuted under Chapter 11 (&#xA7; 4.1-1100 et seq.) of
Title 4.1 or &#xA7; 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&#8217;s storage site, or process site.

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.