Dear Friends and Virginians:
The last few days have been more frantic than usual ….
In mid-July, my law firm was retained by the hemp farmers and processors of Virginia to challenge the recently enacted ban passed in the State Budget.
On July 31, we filed a civil action for our clients to strike down the hemp ban as unconstitutional. On August 12, the U.S. District Court in Roanoke heard 5 hours of testimony on our request for an emergency injunction. On August 14, the District Court denied our motion, at least pending any actual criminal prosecution. On August 15, the new hemp ban took effect.
OK, let’s recap …
Hemp is a long-standing agricultural product in Virginia. (Yes, the Father of our Country planted it). Thanks to the 2018 Farm Bill, the human consumption of hemp has been legal under Federal law, which Virginia initially modeled with its own legislation. In 2023, the hemp market was tightened by SB 903, which stated that all hemp products were held to a “25-1” balance of THC to cannabis, thus capping the intoxication level. My clients worked within that framework to plant fields, harvest the crops and sell therapeutic products. Each one of them established a successful, state-licensed business.
In late June 2026, without any companion bill having been filed (much less debated), the General Assembly’s Budget Report, without warning, revoked the “25-1” test and thus banned the majority of viable hemp products. That ban took effect on August 15.
Here’s the problem: agricultural products are not normal consumer products. First of all, they’re perishable. Secondly, they are planted and harvested once a year, which means that producers cannot suddenly “pivot” to a new product. They’re stuck with what they have. In our case, my clients had harvested and processed a 2025 crop, now existing inventory, while the 2026 crop is already in the ground. Who’s going to compensate them for this loss?
Our suit pled both a “regulatory taking” and a violation of “due process.” (My clients are potentially criminally liable for possessing a legally harvested product). The judge listened patiently to our arguments — but in the end wouldn’t take the extraordinary measure of suspending a state law. It’s too bad, because this one really sucks. And a General Assembly committee could have avoided this catastrophe by simply deferring the hemp ban until January, as I told the press afterwards.
This is not a legalization issue — it’s about fairness to farmers and small business.
And the Assembly totally failed in that respect.
Peace,
Chap