Lawmakers approve Youngkin’s amendments to hemp bills

By Madison Hirneisen

(The Center Square) – Virginia lawmakers approved amendments proposed by Gov. Glenn Youngkin to a pair of bills establishing regulations on hemp-derived products in the commonwealth, which includes a provision allowing some products containing both THC and CBD that are used therapeutically to remain on store shelves.

The politically-divided General Assembly flocked to Richmond Wednesday to reconvene for a one-day session to consider the governor’s proposed amendments to 78 bills and three vetoes. Some of the governor’s amendments proposed technical changes to measures, while others proposed entire substitute bills.

While several amendments were approved with little debate, lawmakers in both the House of Delegates and the state Senate had lengthy debate over Youngkin’s proposed amendments to HB 2294 and SB 903 – a pair of bills that sought to impose limits on how much THC – a chemical found in the marijuana plant that can be intoxicating to consumers – could be included in an industrial hemp product.

Lawmakers have been wrestling with how to regulate hemp-derived products that contain THC following reports of children consuming hemp-derived products, like Delta-8 edibles, that made them ill.

The original version of the bills that passed the General Assembly limited the amount of THC included in a hemp product to a concentration of 0.3% and two milligrams per package. The bills also established labeling, testing and packaging requirements for hemp-derived products.

The governor’s proposed amendments, which were adopted by the General Assembly Wednesday, maintained labeling and testing requirements and the two milligrams of THC per package limit, but added an exemption to the rules for hemp products that are used for therapeutic purposes containing both THC and CBD.

Under the new law, certain products containing both THC and CBD – a non-intoxicating chemical found in the marijuana plant – could be sold on store shelves. Specifically, the governor’s proposed substitute bill exempts certain products from the THC limits of two milligrams per package if the product contains a 25-to-1 ratio of CBD to THC, as previously reported by The Center Square.

The governor and lawmakers heard from families whose children use products containing both THC and CBD as a treatment for epilepsy. Some had raised concern that the bills as passed by the General Assembly would prevent access to the products.

Lawmakers raised mixed views on the governor’s amendments Wednesday. Some argued the amendments are needed to ensure access to CBD products for families that use them, while others raised concerns the governor’s amendments would allow access to products with large amounts of THC to remain on store shelves, so long as they meet the 25-to-1 ratio.

Del. Candi Mundon King, D-Prince William, raised concern about product safety, saying she is a mother who is “deeply concerned about the access to product.”

“What I’m reading [in the amendments] is that our governor, who campaigned on family values, is pushing recommendations that will actually endanger our children and give them access to more potent materials,” King said. “These amendments are not just bad politics – it’s bad for people, it’s bad for mothers.”

Del. Dawn Adams, D-Chesterfield, argued Wednesday that the state’s medical cannabis program could make the same CBD product some families to use as a therapeutic for less money than what they are paying for the product from an out-of-state vendor now. Adams said the state is “creating a state-sanctioned illicit THC market” by approving the amendments.

Others argued the governor’s amendments strike a balance by setting restrictions on hemp products that contain THC, while allowing exceptions for products containing CBD that are used therapeutically.

“To do nothing or to ensure this bill goes back to committee actually does harm,” Sen. Barbara Favola, D-Arlington, said in support of the governor’s amendments. “It will extend at least for another year – probably longer – the ability of this body to take action.”

Sen. Emmett Hanger, the author of SB 903, compared the 25-1 ratio to a rum cake recipe, saying “it wasn’t going to get you intoxicated because there was a whole lot more sugar, flour and eggs and other stuff in there besides the rum.”

After debate, lawmakers in the House and Senate ultimately agreed to the governor’s amendments on the pair of bills.

In other action Wednesday, lawmakers accepted the governor’s proposed amendments to a bill that bans “foreign adversaries” from purchasing farmland and approved the governor’s technical amendments to the “skinny” budget passed in February, which will ensure funding to support the state’s Medicaid renewal process.

The General Assembly also rejected several of the governor’s amendments by “going by” several of the bills to effectively kill them without a vote. Lawmakers rejected amendments Youngkin proposed to one bill to make it a Class 1 misdemeanor for anyone who “pickets or parades” near a judge’s residence.

The Senate also presented a resolution to commend Abigail Zwerner, the first grade teacher at Richneck Elementary School that was shot by one of her students in January. The Senate commended Zwerner for her “heroic efforts” during the school shooting.

Sen. Tommy Norment, R-James City County, presented the resolution and called Zwerner “one of Virginia’s great heroes.” Norment, who is retiring and not seeking re-election, said he hopes lawmakers returning to the General Assembly next year will have a “laser-like focus on school safety.”