Virginia Hemp Businesses Push Lawmakers for Hearing on New THC Limits
The Cannabis Small Business Association wants the Joint Commission to review restrictions it says threaten hundreds of retailers.
Facade of the West Virginia State Capitol building with a statue of Abraham Lincoln in the foreground under clear blue skies.
Hemp Lobby Requests Emergency Hearing
The Cannabis Small Business Association filed a formal request with Virginia's Joint Commission on August 26, 2026, asking for an emergency hearing on recently enacted THC product limits. The trade group represents hemp retailers operating under the 2018 Farm Bill framework who say the new restrictions threaten their viability.
The request follows Virginia's passage of emergency regulations in July 2026 that capped delta-8 THC and other hemp-derived cannabinoid products at significantly lower levels than previously allowed. The CSBA argues those limits were enacted without adequate industry input.
What the New Limits Do
Virginia's emergency rules cap total THC in hemp products at 2 milligrams per serving and 25 milligrams per package. The restrictions apply to delta-8 THC, delta-10 THC, THCA, and other psychoactive cannabinoids derived from hemp.
Key provisions include:
- 2mg THC per serving maximum
- 25mg THC per package maximum
- Mandatory lab testing and batch tracking
- Prohibition on sales to anyone under 21
- Retail licensing requirements for hemp-derived intoxicating products
The limits took effect August 1, 2026. Retailers got 30 days to comply or remove non-compliant inventory.
Economic Stakes for Hemp Retailers
The CSBA estimates 400-500 Virginia hemp retailers carry products that exceed the new THC limits. Forced removal of inventory represents millions in lost revenue, the group says, and could shutter dozens of small businesses.
Most affected retailers are smoke shops, CBD stores, and convenience stores that added hemp-derived THC products after the 2018 Farm Bill legalized hemp. These businesses filled a legal market gap while Virginia's adult-use cannabis rollout stalled, the CSBA argues.
The Joint Commission's Authority
Virginia's Joint Commission to Oversee the Transition of the Commonwealth into a Regulated Cannabis Market has statutory authority to review cannabis and hemp regulations. The 16-member body includes eight senators and eight delegates appointed by legislative leadership.
Lawmakers created the commission in 2021 to monitor Virginia's shift from prohibition to regulated adult-use cannabis. It can hold hearings, subpoena witnesses, and recommend legislative changes. But it can't overturn agency rules directly.
For full background on this story, see the CannIntel topic hub on Virginia hemp THC limits.
What Happens Next
The Joint Commission hasn't scheduled a hearing on the CSBA request yet. The group's next regular meeting is slated for September 15, 2026, when the commission could vote to add the hemp issue to its agenda.
If the commission declines to act, hemp businesses would need to pursue relief through the courts or wait for the 2027 legislative session. Virginia's General Assembly reconvenes in January 2027.
The cleanest read on the CSBA's odds? Slim without broader political pressure. The commission's Democratic majority has shown little appetite to roll back THC restrictions ahead of the state's licensed cannabis market launch in 2027.
For complete background, history, and our ongoing coverage of this story:
Open the CannIntel topic hub →Frequently asked questions
What are Virginia's new hemp THC limits?
Virginia's emergency regulations cap hemp-derived THC products at 2 milligrams per serving and 25 milligrams per package. The limits apply to delta-8 THC, delta-10 THC, THCA, and other psychoactive cannabinoids. The rules took effect August 1, 2026.
Who is the Cannabis Small Business Association?
The Cannabis Small Business Association is a Virginia trade group representing hemp retailers operating under the 2018 Farm Bill. The group filed a formal request on August 26, 2026, asking the state's Joint Commission on cannabis to hold a hearing on new THC product restrictions.
Can Virginia's Joint Commission overturn the hemp THC limits?
No. The Joint Commission to Oversee the Transition of the Commonwealth into a Regulated Cannabis Market can hold hearings and recommend legislative changes, but it cannot directly overturn agency regulations. Any reversal would require action by the Virginia General Assembly.
How many Virginia hemp businesses are affected by the new limits?
The Cannabis Small Business Association estimates 400-500 Virginia retailers carry hemp-derived THC products that exceed the new 2mg-per-serving limit. Most are smoke shops, CBD stores, and convenience stores that added delta-8 THC products after the 2018 Farm Bill.
When does the Joint Commission meet next?
The Joint Commission's next regular meeting is scheduled for September 15, 2026. The commission could vote at that meeting to add the hemp industry's hearing request to its agenda, but no hearing has been scheduled yet.
Sources
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