Virginia House Bill 2294 (Prior Session Legislation)

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Completed Legislative Action
Spectrum: Slight Partisan Bill (Republican 2-1)
Status: Passed on April 12 2023 - 100% progression
Action: 2023-04-12 - Governor: Acts of Assembly Chapter text (CHAP0794)
Text: Latest bill text (Chaptered) [HTML]

Tetrahydrocannabinol; hemp products; packaging, labeling, and testing; penalties. Limits the amount of tetrahydrocannabinol (THC) that can be included in a hemp product or industrial hemp extract to 0.3 percent and two milligrams per package. The bill limits the application of such THC limits to retail sales and allows a hemp product or industrial hemp extract to contain more than two milligrams of THC if the product or extract contains an amount of cannabidiol (CBD) that is at least 25 times greater than the amount of THC; however, the bill prohibits hemp processors from selling industrial hemp or a substance containing an industrial hemp extract to a person if the processor knows or has reason to know that such person will use the industrial hemp or substance in a substance that violates the aforementioned THC limits. Tetrahydrocannabinol; hemp products; packaging, labeling, and testing; penalties. Limits the amount of tetrahydrocannabinol (THC) that can be included in a hemp product or industrial hemp extract to 0.3 percent and two milligrams per package. The bill limits the application of such THC limits to retail sales and allows a hemp product or industrial hemp extract to contain more than two milligrams of THC if the product or extract contains an amount of cannabidiol (CBD) that is at least 25 times greater than the amount of THC; however, the bill prohibits hemp processors from selling industrial hemp or a substance containing an industrial hemp extract to a person if the processor knows or has reason to know that such person will use the industrial hemp or substance in a substance that violates the aforementioned THC limits. The bill creates a regulated hemp product retail facility registration, which carries an annual fee of $1,000, and requires persons to obtain such registration from the Commissioner (the Commissioner) of the Department of Agriculture and Consumer Services (the Department) prior to offering for sale or selling regulated hemp products, as defined in the bill, or any substance intended for consumption that is advertised or labeled as containing an industrial hemp-derived cannabinoid. The bill creates certain packaging, labeling, and testing requirements for regulated hemp products and requires that topical hemp products bear a label stating that the product is not intended for human consumption. The bill provides the Commissioner with the authority to access registered regulated hemp product retail facilities and any business that offers for sale or sells at retail a substance intended for human consumption that is advertised or labeled as containing a cannabinoid for the purpose of inspections and securing samples. The bill also imposes a civil penalty of up to $10,000 per day for the following violations: (i) offering for sale or selling at retail without a regulated hemp product retail facility registration a regulated hemp product or a substance intended for human consumption, orally or by inhalation, that is advertised or labeled as containing an industrial hemp-derived cannabinoid, (ii) continuing to offer for sale or selling at retail a regulated hemp product after revocation or suspension of such registration, (iii) offering for sale or selling at retail a substance intended for human consumption, orally or by inhalation, that contains THC in excess of the applicable limits, or (iv) offering for sale or selling at retail a regulated hemp product that does not meet the applicable packaging, labeling, and testing requirements. The bill (i) clarifies that persons who manufacture, store, sell, or offer for sale an industrial hemp extract or food containing an industrial hemp extract are subject to the existing food and drink permit requirement and (ii) requires such persons to indicate their intent to manufacture, store, sell, or offer for sale an industrial hemp extract or food containing an industrial hemp extract on such permit application. The bill also creates labeling, packaging, and testing requirements for industrial hemp extracts and foods containing an industrial hemp extract. The bill creates a civil penalty of $10,000 for the following: (a) manufacturing, selling, or offering for sale an industrial hemp extract or food containing an industrial hemp extract without a permit; (b) continuing to manufacture, sell, or offer for sale an industrial hemp extract or food containing an industrial hemp extract after revocation or suspension of such permit; (c) failing to disclose on a form prescribed by the Commissioner of the Virginia Department of Agriculture and Consumer Services that he intends to manufacture, sell, or offer for sale a substance intended to be consumed orally that contains an industrial hemp-derived cannabinoid; (d) manufacturing, selling, or offering for sale a food that contains more than 0.3 percent of THC or more than two milligrams of THC per package; (e) manufacturing, offering for sale, or selling in violation of food and drink laws or regulations a substance intended to be consumed orally that is advertised or labeled as containing an industrial hemp-derived cannabinoid; or (f) otherwise violating any provision of the Commonwealth's food and drink laws or regulations. The bill also makes it a Class 1 misdemeanor to engage in such actions, except for those set forth in clause (d). The bill makes it unlawful under the Consumer Protection Act to (1) sell or offer for sale any substance intended for human consumption that contains a synthetic derivative of THC or (2) sell or offer for sale a topical hemp product that does not include a label stating that the product is not intended for human consumption. The bill also increases existing civil penalties for certain hemp-related violations. The bill provides that certain regulated hemp product provisions related to retail facility registrations, packaging, labeling, and testing and associated civil penalty provisions shall become effective when the Commissioner provides notice to the Virginia Code Commission that the Department has established the registration process. The bill removes tetrahydrocannabinol from the list of Schedule I controlled substances and contains other technical amendments.

Industrial hemp; regulated hemp products, etc.

Del. Terry Kilgore [R]

Del. James Leftwich [R]

Del. Sam Rasoul [D]

2023-04-12 - House - House: VOTE: Adoption (52-Y 42-N) (Y: 52 N: 42 NV: 0 Abs: 3) [PASS]
2023-04-12 - Senate - Senate: Senate concurred in Governor's recommendation (31-Y 9-N) (Y: 31 N: 9 NV: 0 Abs: 0) [PASS]
2023-02-24 - House - House: VOTE: Adoption (85-Y 9-N) (Y: 85 N: 9 NV: 0 Abs: 6) [PASS]
2023-02-24 - Senate - Senate: Conference report agreed to by Senate (23-Y 17-N) (Y: 23 N: 17 NV: 0 Abs: 0) [PASS]
2023-02-20 - Senate - Senate: Senate insisted on substitute (40-Y 0-N) (Y: 40 N: 0 NV: 0 Abs: 0) [PASS]
2023-02-17 - House - House: VOTE: REJECTED (31-Y 66-N 1-A) (Y: 31 N: 66 NV: 1 Abs: 2) [FAIL]
2023-02-15 - Senate - Senate: Passed Senate with substitute (23-Y 17-N) (Y: 23 N: 17 NV: 0 Abs: 0) [PASS]
2023-02-15 - Senate - Senate: Reconsideration of defeated action agreed to by Senate (39-Y 0-N) (Y: 39 N: 0 NV: 0 Abs: 1) [PASS]
2023-02-15 - Senate - Senate: Defeated by Senate (18-Y 21-N) (Y: 18 N: 21 NV: 0 Abs: 1) [FAIL]
2023-02-14 - Senate - Senate: Constitutional reading dispensed (40-Y 0-N) (Y: 40 N: 0 NV: 0 Abs: 0) [PASS]
2023-02-14 - Senate - Senate: Reported from Finance and Appropriations with substitute (11-Y 4-N 1-A) (Y: 11 N: 4 NV: 1 Abs: 0) [PASS]
2023-02-10 - Senate - Senate: Reported from Rehabilitation and Social Services with substitute (13-Y 2-N) (Y: 13 N: 2 NV: 0 Abs: 0) [PASS]
2023-02-07 - House - House: VOTE: Passage (91-Y 7-N) (Y: 91 N: 7 NV: 0 Abs: 2) [PASS]
2023-02-03 - House - House: Reported from Courts of Justice with substitute (17-Y 3-N) (Y: 17 N: 3 NV: 0 Abs: 0) [PASS]
2023-02-03 - House - House: Subcommittee recommends reporting with substitute (8-Y 0-N) (Y: 8 N: 0 NV: 0 Abs: 0) [PASS]
2023-02-01 - House - House: Failed to report (defeated) in Courts of Justice (9-Y 11-N) (Y: 9 N: 11 NV: 0 Abs: 0) [FAIL]
2023-01-30 - House - House: Subcommittee recommends reporting (4-Y 3-N) (Y: 4 N: 3 NV: 0 Abs: 1) [PASS]

Date	Chamber	Action
2023-04-12		Governor: Acts of Assembly Chapter text (CHAP0794)
2023-04-12	House	Enacted, Chapter 794 (effective - see bill)
2023-04-12	Senate	Signed by President as reenrolled
2023-04-12	House	Signed by Speaker as reenrolled
2023-04-12	House	Reenrolled bill text (HB2294ER2)
2023-04-12	House	Reenrolled
2023-04-12		Governor: Governor's recommendation adopted
2023-04-12	Senate	Senate concurred in Governor's recommendation (31-Y 9-N)
2023-04-12	House	VOTE: Adoption (52-Y 42-N)
2023-04-12	House	House concurred in Governor's recommendation (52-Y 42-N)
2023-04-12	House	Pending question ordered
2023-04-12	House	Placed on Calendar
2023-03-27	House	Governor's substitute printed 23107774D-H3
2023-03-27	House	Governor's recommendation received by House
2023-03-13		Governor: Governor's Action Deadline 11:59 p.m., March 27, 2023
2023-03-13	House	Enrolled Bill communicated to Governor on March 13, 2023
2023-03-08	Senate	Signed by President
2023-03-08	House	Signed by Speaker
2023-03-07	House	Bill text as passed House and Senate (HB2294ER)
2023-03-07	House	Enrolled
2023-02-24	Senate	Conference report agreed to by Senate (23-Y 17-N)
2023-02-24	House	VOTE: Adoption (85-Y 9-N)
2023-02-24	House	Conference report agreed to by House (85-Y 9-N)
2023-02-24	House	Conference substitute printed 23107328D-H2
2023-02-24		Conference: Amended by conference committee
2023-02-22	Senate	Senators: Hanger, Favola, Ebbin
2023-02-22	Senate	Conferees appointed by Senate
2023-02-21	House	Delegates: Kilgore, Leftwich, Herring
2023-02-21	House	Conferees appointed by House
2023-02-21	House	House acceded to request
2023-02-20	Senate	Senate requested conference committee
2023-02-20	Senate	Senate insisted on substitute (40-Y 0-N)
2023-02-17	House	VOTE: REJECTED (31-Y 66-N 1-A)
2023-02-17	House	Senate substitute rejected by House 23106591D-S1 (31-Y 66-N 1-A)
2023-02-15	Senate	Passed Senate with substitute (23-Y 17-N)
2023-02-15	Senate	Engrossed by Senate - committee substitute HB2294S1
2023-02-15	Senate	Passed by temporarily
2023-02-15	Senate	Reconsideration of defeated action agreed to by Senate (39-Y 0-N)
2023-02-15	Senate	Defeated by Senate (18-Y 21-N)
2023-02-15	Senate	Substitute from Finance and Appropriations is ruled out of order 23106859D-S2
2023-02-15	Senate	Committee substitute agreed to 23106591D-S1
2023-02-15	Senate	Reading of substitute waived
2023-02-15	Senate	Read third time
2023-02-14	Senate	Constitutional reading dispensed (40-Y 0-N)
2023-02-14	Senate	Committee substitute printed 23106859D-S2
2023-02-14	Senate	Reported from Finance and Appropriations with substitute (11-Y 4-N 1-A)
2023-02-10	Senate	Rereferred to Finance and Appropriations
2023-02-10	Senate	Committee substitute printed 23106591D-S1
2023-02-10	Senate	Reported from Rehabilitation and Social Services with substitute (13-Y 2-N)
2023-02-08	Senate	Referred to Committee on Rehabilitation and Social Services
2023-02-08	Senate	Constitutional reading dispensed
2023-02-07	House	VOTE: Passage (91-Y 7-N)
2023-02-07	House	Read third time and passed House (91-Y 7-N)
2023-02-06	House	Engrossed by House - committee substitute HB2294H1
2023-02-06	House	Committee substitute agreed to 23106339D-H1
2023-02-06	House	Read second time
2023-02-05	House	Read first time
2023-02-03	House	Committee substitute printed 23106339D-H1
2023-02-03	House	Reported from Courts of Justice with substitute (17-Y 3-N)
2023-02-03	House	Subcommittee recommends reporting with substitute (8-Y 0-N)
2023-02-03	House	Assigned Courts sub: Subcommittee #1
2023-02-03	House	Reconsidered by Courts of Justice
2023-02-01	House	Failed to report refer to Appropriations (defeated) in Courts of Justice (9-Y 11-N)
2023-01-30	House	Subcommittee recommends referring to Committee on Appropriations
2023-01-30	House	Subcommittee recommends reporting (4-Y 3-N)
2023-01-28	House	Assigned Courts sub: Subcommittee #2
2023-01-11	House	Referred to Committee for Courts of Justice
2023-01-11	House	Prefiled and ordered printed; offered 01/11/23 23101465D

Chapter	Article	Section	Citation Type	Statute Text
18	2	247	(n/a)	See Bill Text
19	2	188.1	(n/a)	See Bill Text
3	2	4113	(n/a)	See Bill Text
3	2	4114	(n/a)	See Bill Text
3	2	4118	(n/a)	See Bill Text
4	1	600	(n/a)	See Bill Text
54	1	3401	(n/a)	See Bill Text
54	1	3408.3	(n/a)	See Bill Text
54	1	3442.6	(n/a)	See Bill Text
54	1	3442.7	(n/a)	See Bill Text
59	1	200	(n/a)	See Bill Text
59	1	206	(n/a)	See Bill Text
9	1	1101	(n/a)	See Bill Text

Type	Source
Summary	https://lis.virginia.gov/cgi-bin/legp604.exe?231+sum+HB2294
Text	https://lis.virginia.gov/cgi-bin/legp604.exe?231+ful+HB2294+hil
Text	https://lis.virginia.gov/cgi-bin/legp604.exe?231+ful+HB2294H1+hil
Text	https://lis.virginia.gov/cgi-bin/legp604.exe?231+ful+HB2294S1+hil
Text	https://lis.virginia.gov/cgi-bin/legp604.exe?231+ful+HB2294S2+hil
Text	https://lis.virginia.gov/cgi-bin/legp604.exe?231+ful+HB2294H2+hil
Text	https://lis.virginia.gov/cgi-bin/legp604.exe?231+ful+HB2294ER+hil
Text	https://lis.virginia.gov/cgi-bin/legp604.exe?231+ful+HB2294H3+hil
Text	https://lis.virginia.gov/cgi-bin/legp604.exe?231+ful+HB2294ER2+hil
Text	https://lis.virginia.gov/cgi-bin/legp604.exe?231+ful+CHAP0794+hil
Amendment	https://committees.lis.virginia.gov/pdfs/drafts/23106339D.pdf
Amendment	https://committees.lis.virginia.gov/pdfs/23106339D.pdf
Amendment	https://lis.virginia.gov/cgi-bin/legp604.exe?231+amd+HB2294AC
Amendment	https://lis.virginia.gov/cgi-bin/legp604.exe?231+amd+HB2294AG
Supplement	https://lis.virginia.gov/cgi-bin/legp604.exe?231+oth+HB2294F160+PDF
Supplement	https://lis.virginia.gov/cgi-bin/legp604.exe?231+oth+HB2294F122+PDF
Supplement	https://lis.virginia.gov/cgi-bin/legp604.exe?231+oth+HB2294FH1160+PDF
Supplement	https://lis.virginia.gov/cgi-bin/legp604.exe?231+oth+HB2294FH1122+PDF
Supplement	https://lis.virginia.gov/cgi-bin/legp604.exe?231+oth+HB2294FS2122+PDF
Supplement	https://lis.virginia.gov/cgi-bin/legp604.exe?231+oth+HB2294FH2160+PDF
Supplement	https://lis.virginia.gov/cgi-bin/legp604.exe?231+oth+HB2294FER122+PDF
Supplement	https://lis.virginia.gov/cgi-bin/legp604.exe?231+oth+HB2294FH3160+PDF
Roll Call	https://lis.virginia.gov/cgi-bin/legp604.exe?231+vot+H0802V0067+HB2294
Roll Call	https://lis.virginia.gov/cgi-bin/legp604.exe?231+vot+H08V0107+HB2294
Roll Call	https://lis.virginia.gov/cgi-bin/legp604.exe?231+vot+H0801V0201+HB2294
Roll Call	https://lis.virginia.gov/cgi-bin/legp604.exe?231+vot+H08V0150+HB2294
Roll Call	https://lis.virginia.gov/cgi-bin/legp604.exe?231+vot+HV1640+HB2294
Roll Call	https://lis.virginia.gov/cgi-bin/legp604.exe?231+vot+S09V0060+HB2294
Roll Call	https://lis.virginia.gov/cgi-bin/legp604.exe?231+vot+S05V0380+HB2294
Roll Call	https://lis.virginia.gov/cgi-bin/legp604.exe?231+vot+SV0457HB2294+HB2294
Roll Call	https://lis.virginia.gov/cgi-bin/legp604.exe?231+vot+SV0500HB2294+HB2294
Roll Call	https://lis.virginia.gov/cgi-bin/legp604.exe?231+vot+SV0501HB2294+HB2294
Roll Call	https://lis.virginia.gov/cgi-bin/legp604.exe?231+vot+SV0506HB2294+HB2294
Roll Call	https://lis.virginia.gov/cgi-bin/legp604.exe?231+vot+HV2002+HB2294
Roll Call	https://lis.virginia.gov/cgi-bin/legp604.exe?231+vot+SV0634HB2294+HB2294
Roll Call	https://lis.virginia.gov/cgi-bin/legp604.exe?231+vot+SV0963HB2294+HB2294
Roll Call	https://lis.virginia.gov/cgi-bin/legp604.exe?231+vot+HV2346+HB2294
Roll Call	https://lis.virginia.gov/cgi-bin/legp604.exe?231+vot+SV1076HB2294+HB2294
Roll Call	https://lis.virginia.gov/cgi-bin/legp604.exe?231+vot+HV2439+HB2294