Let’s break down SB 903
So, SB 903 is a hemp law that came out in 2023, and it’s putting some extra rules on hemp-derived stuff, like extracts, edibles, and inhalables.
Here’s the scoop: the law sets a limit on the total THC (not just the delta-9 kind) in hemp products, keeping it at 0.3% overall. Plus, the total THC per package can’t go over 2 milligrams unless the product has a 25:1 CBD:THC ratio.
“Total THC” means we’re counting all the THC isomers and precursors (like THC and THCA) together.
Also, there are new rules for how the products are packaged, labeled, tested, and registered. Retailers must register, and there are inspections and penalties, with fines up to $10,000 a day for breaking the rules.
The law also says that processors can’t sell hemp or hemp extracts to anyone if they know or have reason to think they’ll use them in non-compliant products.
Now, some hemp businesses and people are challenging the law, saying it clashes with the 2018 Farm Bill and the U.S. Constitution, especially when it comes to commerce and federal rules.
But guess what? On January 7, 2025, the Fourth Circuit Court of Appeals said SB 903 is okay, even though some people thought it was unconstitutional or that federal law stopped states from making stricter rules.
The court made it clear that the 2018 Farm Bill doesn’t stop states from setting stricter limits on hemp-derived products within their borders. It just means states can make even more rules.
So, what does this mean for real life? Well, lots of hemp and THC-derived products that were okay under less strict rules (like THC-A flower, high-THC edibles, delta-8, and other THC isomers) are now not compliant with Virginia’s new rules.
And get this: enforcement has been pretty strong despite limited resources! Between July 2023 and June 2024, over 300 Virginia businesses got fined almost $10.8 million for breaking the rules.
Inspections showed that a lot of retailers weren’t following the rules: in one report, 82% of the hemp product retailers inspected were found to be in violation of SB 903.
Some folks are saying this could push people to buy THC products on the black market, make it harder for small businesses to thrive, and cause trouble for those who use hemp for relief.
However, supporters believe it’s necessary to close those pesky loopholes in hemp rules (especially since delta-8 and similar stuff popped up without much checking).
Our Take
We’ve been saying for ages that this industry needed some rules (since it was like the Wild West and totally free-for-all before). But still, we’re a bit bummed about how hemp regulation is going in Virginia.
Some of the rules were pretty straightforward and super important:
Making stores selling hemp products register.
Child-proof packaging.
Prohibiting products that appeal to kids.
The 25:1 ratio feels a bit random and not really based on science. We’re happy it’s there because the original SB 903 would have made even full-spectrum CBD illegal, but it’s a bit silly. I don’t necessarily have a better idea, though. They needed to draw the line somewhere.
Delta-8 wasn’t too bad; I think it has some uses in the therapeutic world. People who didn’t want the whole THC experience and weren’t looking for a super strong high really liked it. It needed to be regulated to be made safely—common sense would have been better than total prohibition. How will we ever study it properly if different parts of the plant are restricted for reasons that don’t have scientific backing? 🤷♀️
Of course, losing our THC-A loophole is a bummer, but that was too good to be true, so we’re not surprised, and we can expect other states to do something similar. Still, it’s pretty funny that the federal law was written in such a way that it completely ignored that most weed contains mainly THC-A, though.
And aren’t edibles kinda scarier than flower anyway? … IYKYK. I get that inhaling questionable things can be deadly, but it’s way easier to overdo edibles than it is to overdo smoking. Again, the safety of smokable products could have been resolved with common-sense regulation, too, but oh well.
As always, Bear Dance will be complying, adapting, and offering the best Virginia has to offer for as long as we can!
