HB 2078 Virginia House of Delegates · 2021 Regular Session

Industrial hemp; updates laws to address the new hemp producer license.

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.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.
Bill status signed all 5 stages cleared
Introduction
Jan 2021
Committee Review
Feb 2021
House of Delegates Passage
Feb 2021
Senate Passage
Feb 2021
Signed into Law
Mar 2021
Introduced Jan 12, 2021 Signed Mar 12, 2021
Floor votes · Senate Feb 17, 2021 · House of Delegates Feb 5, 2021

How they voted

330
Passed
Total votes 33
Feb 17, 2021
D Democratic17
17 Yea
100% Yea
R Republican16
16 Yea
100% Yea
Vote distribution
All Yea All Nay Mixed No data
Full legislative history

Actions timeline

Total actions
40
Key actions
14
Committee
10
Mar 12, 2021
Signed into law
Approved by Governor-Chapter 110 (effective 3/12/21)
executive
Feb 18, 2021
Upper · Passed
Passed Senate (39-Y 0-N)
upper
Feb 18, 2021
Upper · Passed
Passed Senate (38-Y 0-N)
upper
Feb 17, 2021
Senate · Passed
Senate Vote: pass (33-0)
senate
Feb 16, 2021
Upper · Passed
Reported from Agriculture, Conservation and Natural Resources (13-Y 0-N)
upper
Feb 5, 2021
Lower · Passed
Passed House (87-Y 10-N 2-A)
lower
Feb 5, 2021
Lower · Passed
Passed by temporarily
lower
Feb 5, 2021
Committee
Referred to Committee on Agriculture, Conservation and Natural Resources
upper
Feb 4, 2021
Lower · Passed
Engrossed by House - committee substitute HB2078H1
lower
Feb 4, 2021
Lower · Passed
Committee on Agriculture, Chesapeake and Natural Resources substitute agreed to 21103954D-H1
lower
Feb 3, 2021
Lower · Passed
Reported from Agriculture, Chesapeake and Natural Resources with substitute (22-Y 0-N)
lower
Feb 3, 2021
Lower · Passed
House committee, floor amendments and substitutes offered
lower
Jan 25, 2021
Committee
Rereferred to Agriculture, Chesapeake and Natural Resources
lower
Jan 25, 2021
Lower · Passed
Motion to rerefer to committee agreed to
lower
Jan 22, 2021
Lower · Passed
Passed by for the day
lower
Jan 20, 2021
Lower · Passed
Reported from Agriculture, Chesapeake and Natural Resources with amendment(s) (22-Y 0-N)
lower
Jan 12, 2021
Committee
Referred to Committee on Agriculture, Chesapeake and Natural Resources
lower
Jan 12, 2021
Introduced
Prefiled and ordered printed with emergency clause; offered 01/13/21 21102692D
lower
1 primary · 2 co-sponsors

Sponsors