Analysis of Industrial Hemp Extracts & Cannabinoid-containing Products in Virginia

Industrial Hemp Extract Update Task Force to Analyze Industrial Hemp Extracts and Other Substances Containing Tetrahydrocannabinol Intended for Human Consumption Overview Parker Slaybaugh, Chief Deputy Secretary of Agriculture and Forestry The Food and Drink Law Related to Industrial Hemp Extracts David McGreevy, Deputy Director, Division of Animal and Food Industry Services, Virginia Department of Agriculture and Consumer Services

Overview VDACS Food Safety Program The VDACS Food Safety Program ensures that food and dietary supplements manufactured, processed, stored, and sold in Virginia are safe, wholesome, and properly labeled. VDACS regulates and inspects food manufacturers, food distributors, and any retail establishment (excluding restaurants) where food or dietary supplements are sold. The program currently has 28 inspectors that cover approximately 13,000 food establishments across the Commonwealth. Regulatory work is performed under the umbrella of the Food and Drink Law (Title 3.2 Chapter 51) and related regulations (2VAC5-595).

Industrial Hemp Extract Intended for Human Consumption Article 5 Industrial Hemp Extract Intended for Human Consumption was added to the Food and Drink Law in 2020. It allows an industrial hemp extract to be regulated as a food product and provides for a maximum THC content of 0.3%. The law also states that the extract or food containing an industrial hemp extract (typically sold as CBD) must be approved by VDACS. Under this law, VDACS has been approving manufacturers to sell industrial hemp extracts. 2VAC5-595 (regulations adopted in 2022) includes testing and labeling requirements.

Hemp Product Changes There are now many retail establishments offering products for sale that are intended for human consumption that contain cannabinoids. These food products often contain high levels of Delta 8, Delta 10, THC-O, and other cannabinoids. These products can be intoxicating and do not meet the legal definition of an industrial hemp extract. Since they are not extracts, they cannot be approved for manufacture or sale by VDACS, are considered to be adulterated and are in violation of our law and regulations. Hemp products are also being marketed in a way that would appeal to children with packaging and labeling that mimics candy.

VDACS Actions The budget recently passed by the General Assembly and signed by the Governor included additional funding for hemp enforcement activities. On June 30th, VDACS, informed Virginia food manufacturers and retail food establishments that products intended for human consumption containing cannabinoids may be considered adulterated if such products contain an ingredient that is not approved as a food pursuant to the Virginia Food and Drink Law or are not manufactured in a facility that is under VDACS inspection or under inspection by the appropriate regulatory authority if manufactured in another state.

VDACS Actions VDACS Food Safety staff are inspecting manufacturing, distribution, and retail establishments in order to determine whether the cannabinoid products being sold are approved industrial hemp extracts. When violative products are found the firm is requested to remove them from sale and to cease any future sales of the product(s). Significant education attempts are made at any food establishment visited by VDACS to ensure that the firm owners are provided with the education and information needed that will allow them to fully understand why the products they are selling or manufacturing are in violation of current law and/or regulations and why those products should not be manufactured or sold in the future. Where necessary the regulatory enforcement process is initiated to ensure continued compliance.

New Labeling Requirements The budget bill requires these additional labeling requirements for industrial hemp extracts or food containing them: The label must state that the extract or food contains THC and may not be sold to any person under the age of 21. The label must list all ingredients included in the extract or food. The label must include the amount of the extract or food that constitutes a single serving. The label must contain the total percentage and milligrams of THC included in the extract or food and the number of milligrams of THC that are contained in each serving. Virginia manufacturers and retailers have been informed of this new requirement and VDACS is working with food establishments to implement.

Task Force to Analyze Industrial Hemp Extracts and Other Substances Containing Tetrahydrocannabinol Intended for Human Consumption Overview Presented by: Parker Slaybaugh, Chief Deputy Secretary of Agriculture and Forestry

Task Force Participating Agencies Secretary of Public Safety and Homeland Security Secretary of Health and Human Resources Secretary of Agriculture and Forestry Department of Agriculture and Consumer Services Office of the Attorney General Department of Health Department of Forensic Science Cannabis Control Authority Board of Pharmacy Department of General Services, Division of Consolidated Laboratory Services Commonwealth's Attorneys' Services Council Virginia State Police

Task Force Meetings Two meetings held thus far: July 7th, 2022 Different Types of THC and Different Legal Implications Virginia Department of Forensic Science Virginia Department of Agriculture and Consumer Services Food Safety Program Virginia Department of Agriculture and Consumer Services Comparison of Other States Regulation of Hemp-derived Cannabinoid Products Virginia Department of Agriculture and Consumer Services More than 90 minutes of public comment Collected written public comment for more than 30 days after the meeting August 9th, 2022 Recent Emergency Calls Related to Cannabinoid Consumption UVAHS Blue Ridge Poison Center Regulation of Hemp-derived Cannabinoid Products General Counsel, U.S. Hemp Roundtable Comparison of Other States Regulation of Hemp-derived Cannabinoid Products, Part Two Virginia Department of Agriculture and Consumer Services

Topics of Discussion Enforcement Who is responsible and where? Increased penalties for flagrant offenders Grey Areas in the Code Pop up events Vape Shops Availability to Minors Public Safety Threat Potential Legislation

Next Steps One further meeting this fall Report Due to General Assembly by November 15th Legislation Proposals