Loopholes in the Law
Video by Ned Newton
Some hemp products ‘blast you off and knock you out’
The Republican-sponsored hemp law focuses on eliminating intoxicating edible hemp products, like the delta-8 THC gummies that resulted in the death of a 4-year-old boy in Spotsylvania in May 2022.
“Unregulated, THC products marketed towards children are dangerous and illegal,” Jason Miyares, the state attorney general, said in a press release in August 2023. “Virginia is serious about ensuring these edibles do not make it into the hands of underage users."
A 2-milligram measurement is considered low, according to GoodRx, a health care company. The National Institute on Drug Abuse says a standard measurement of THC is 5 milligrams.
Virginia’s law imposes a 25-to-1 ratio of cannabidiol (CBD) to THC on producers who want to sell products with more than 2 milligrams of THC. But some retailers say the law created a loophole that is being exploited through products that are sold at smoke shops and gas stations, for example. CBD is a non-psychoactive, hemp-derived chemical that relieves pain and anxiety. But it can also cause drowsiness, according to Healthline, a health website.
Hit Shop, a smoke shop in Buena Vista, now sells edibles with 325 milligrams of CBD and 13 milligrams of THC per package. “If I’m doing anything illegal, I won’t be open right now,” said John Ahmad, Hit Shop’s owner.
Hit Shop in Buena Vista sells products loaded with THC and CBD, but they’re legal under the 2023 Virginia hemp law. Photo by Shauna Muckle
But other retailers said loading products with CBD could lead to negative side effects.
“[Those products] will blast you off and knock you out,” Tacy said. “That’s not medicinal. That’s not recreational.”
Derek Wall, owner of Buffalo Hemp Company, said he’s also wary of a substance called THCA. When burned, THCA activates psychoactive delta-9 THC, well beyond the 0.3% that federal law allows. But many shops—including some in the Rockbridge area—are still selling smokable joints rich with THCA.
Hit Shop also sells joints filled with derivatives of THC, like THCA. Photo by Shauna Muckle
Johnson said he won’t sell THCA because he believes it’s illegal under the state’s 2-milligram “total THC” limit.
Some owners said they’re willing to sell THCA joints because VDACS is focusing on edible hemp products.
“It’s all on how much risk you’re willing to take,” said Travis Lane, operations manager of NOVA Hemp, in Warrenton.
IVY Smoker’s Boutique in Roanoke County has a shelf of smokable THCA products. Photo by Ned Newton
Jared Moon, the commonwealth’s attorney for Rockbridge County and Lexington, said his office has brought “very few criminal charges” against stores for violating the 2023 law.
“I think this is an issue for the General Assembly and governor” to solve, he said.