VA HB2078 | 2021 | Regular Session
Note: Carry Foward to future HB2078
Status
Spectrum: Slight Partisan Bill (Republican 2-1)
Status: Engrossed on February 4 2021 - 50% progression, died in chamber
Action: 2021-02-05 - Continued to 2021 Sp. Sess. 1 in Agriculture, Conservation and Natural Resources (14-Y 0-N)
Text: Latest bill text (Comm Sub) [HTML]
Status: Engrossed on February 4 2021 - 50% progression, died in chamber
Action: 2021-02-05 - Continued to 2021 Sp. Sess. 1 in Agriculture, Conservation and Natural Resources (14-Y 0-N)
Text: Latest bill text (Comm Sub) [HTML]
Summary
Industrial hemp; federal hemp producer license; emergency. Updates Virginia's industrial hemp laws to address the new hemp producer license issued by the U.S. Department of Agriculture. The bill changes drug laws to exclude the industrial hemp possessed by a federally licensed hemp producer from the definition of "marijuana" and to exclude certain amounts of tetrahydrocannabinol (THC) in such industrial hemp from the prohibition on THC. The bill exempts federally licensed hemp producers from state industrial hemp registration requirements and adds such producers to the list of those eligible to receive funds from the Tobacco Indemnification and Community Revitalization Fund. Industrial hemp; federal hemp producer license; emergency. Updates Virginia's industrial hemp laws to address the new hemp producer license issued by the U.S. Department of Agriculture. The bill changes drug laws to exclude the industrial hemp possessed by a federally licensed hemp producer from the definition of "marijuana" and to exclude certain amounts of tetrahydrocannabinol (THC) in such industrial hemp from the prohibition on THC. The bill exempts federally licensed hemp producers from state industrial hemp registration requirements and adds such producers to the list of those eligible to receive funds from the Tobacco Indemnification and Community Revitalization Fund. The bill provides that no grower, agent of such grower, or federally licensed producer shall be prosecuted for possession of industrial hemp or Cannabis sativa with a THC concentration that does not exceed the concentration established in certain federal regulations and prohibits the Commissioner of Agriculture and Consumer Services from deeming a grower negligent if the grower makes reasonable efforts to grow industrial hemp but grows Cannabis sativa with a THC concentration that does not exceed the concentration established in federal regulations. The bill makes other changes to industrial hemp laws, including (i) limiting the application fee for registration of growers, dealers, and producers to $250; (ii) excluding from the definition of "dealer" any retail establishment that sells a completed product containing industrial hemp; (iii) making optional the monitoring and random testing of industrial hemp by the Commissioner and authorizing the random sampling of such hemp; (iv) removing the requirement that the Attorney General of the United States be notified when a Virginia grower, dealer, or processor exceeds the federal THC limit; and (v) directing the Commissioner to adopt regulations establishing a fee structure for registration. Finally, the bill exempts employees of the Virginia Department of Agriculture and Consumer Services from prosecution for possession or distribution of industrial hemp when possession is necessary in the performance of their duties. The bill contains an emergency clause.
Title
Industrial hemp; updates laws to address the new hemp producer license.
Sponsors
Roll Calls
2021-02-05 - Senate - Senate: Continued to 2021 Sp. Sess. 1 in Agriculture, Conservation and Natural Resources (14-Y 0-N) (Y: 14 N: 0 NV: 0 Abs: 0) [PASS]
2021-02-05 - House - House: VOTE: Passage Emergency #2 (87-Y 10-N 2-A) (Y: 87 N: 10 NV: 2 Abs: 0) [PASS]
2021-02-05 - House - House: VOTE: Passage Emergency (77-Y 22-N 1-A) (Y: 77 N: 22 NV: 1 Abs: 0) [PASS]
2021-02-03 - House - House: Reported from Agriculture, Chesapeake and Natural Resources with substitute (22-Y 0-N) (Y: 22 N: 0 NV: 0 Abs: 0) [PASS]
2021-01-20 - House - House: Reported from Agriculture, Chesapeake and Natural Resources with amendment(s) (22-Y 0-N) (Y: 22 N: 0 NV: 0 Abs: 0) [PASS]
2021-02-05 - House - House: VOTE: Passage Emergency #2 (87-Y 10-N 2-A) (Y: 87 N: 10 NV: 2 Abs: 0) [PASS]
2021-02-05 - House - House: VOTE: Passage Emergency (77-Y 22-N 1-A) (Y: 77 N: 22 NV: 1 Abs: 0) [PASS]
2021-02-03 - House - House: Reported from Agriculture, Chesapeake and Natural Resources with substitute (22-Y 0-N) (Y: 22 N: 0 NV: 0 Abs: 0) [PASS]
2021-01-20 - House - House: Reported from Agriculture, Chesapeake and Natural Resources with amendment(s) (22-Y 0-N) (Y: 22 N: 0 NV: 0 Abs: 0) [PASS]
History
Date | Chamber | Action |
---|---|---|
2021-02-05 | Senate | Continued to 2021 Sp. Sess. 1 in Agriculture, Conservation and Natural Resources (14-Y 0-N) |
2021-02-05 | House | VOTE: Passage Emergency #2 (87-Y 10-N 2-A) |
2021-02-05 | House | Passed House (87-Y 10-N 2-A) |
2021-02-05 | House | Passed by temporarily |
2021-02-05 | Senate | Referred to Committee on Agriculture, Conservation and Natural Resources |
2021-02-05 | House | Reconsideration of defeated action agreed to by House |
2021-02-05 | Senate | Constitutional reading dispensed |
2021-02-05 | House | VOTE: Passage Emergency (77-Y 22-N 1-A) |
2021-02-05 | House | Read third time and defeated by House (77-Y 22-N 1-A) |
2021-02-04 | House | Engrossed by House - committee substitute HB2078H1 |
2021-02-04 | House | Committee on Agriculture, Chesapeake and Natural Resources substitute agreed to 21103954D-H1 |
2021-02-04 | House | Committee on Agriculture, Chesapeake and Natural Resources amendments rejected |
2021-02-04 | House | Read second time |
2021-02-03 | House | Read first time |
2021-02-03 | House | Committee substitute printed 21103954D-H1 |
2021-02-03 | House | Reported from Agriculture, Chesapeake and Natural Resources with substitute (22-Y 0-N) |
2021-01-25 | House | Rereferred to Agriculture, Chesapeake and Natural Resources |
2021-01-25 | House | Motion to rerefer to committee agreed to |
2021-01-22 | House | Passed by for the day |
2021-01-22 | House | Passed by for the day |
2021-01-21 | House | Read first time |
2021-01-20 | House | Reported from Agriculture, Chesapeake and Natural Resources with amendment(s) (22-Y 0-N) |
2021-01-12 | House | Referred to Committee on Agriculture, Chesapeake and Natural Resources |
2021-01-12 | House | Prefiled and ordered printed with emergency clause; offered 01/13/21 21102692D |
Same As/Similar To
HB2078 (Carry Over) 2021-02-05 - Continued to 2021 Sp. Sess. 1 in Agriculture, Conservation and Natural Resources (14-Y 0-N)
Code Citations
Chapter | Article | Section | Citation Type | Statute Text |
---|---|---|---|---|
18 | 2 | 247 | (n/a) | See Bill Text |
18 | 2 | 251.1:3 | (n/a) | See Bill Text |
3 | 2 | 4112 | (n/a) | See Bill Text |
3 | 2 | 4113 | (n/a) | See Bill Text |
3 | 2 | 4114.2 | (n/a) | See Bill Text |
3 | 2 | 4115 | (n/a) | See Bill Text |
3 | 2 | 4116 | (n/a) | See Bill Text |
3 | 2 | 4119 | (n/a) | See Bill Text |
54 | 1 | 3401 | (n/a) | See Bill Text |
54 | 1 | 3446 | (n/a) | See Bill Text |