Virginia
General Regulation
A hemp product may not exceed 0.3 percent total tetrahydrocannabinol (THC) and may not have more than 2 milligrams of total THC per package unless the product’s cannabidiol (CBD) to THC ratio is at least 25 parts CBD for every one part THC. “Total THC” means all of the THC in a product, including delta-8 and delta-9 THC. Cannot contain a synthetic derivative of THC.
Out of state manufacturers must be an ‘approved source’ under the state law, which can be difficult to obtain if you are the first manufacturer to apply on behalf of your state. The state requires that out of state manufacturers produce in a state with laws similar to those in Virginia with respect to hemp-infused food safety and inspections, which can be difficult for manufacturers located in states without those programs.
In addition, out of state manufacturers must file a disclosure form with the state, titled “Edible Hemp Disclosure Form” to VDACS.
Labeling & Packaging Requirements
N
None specified.
See also https://www.vdacs.virginia.gov/pdf/hemp-product-legislation-letter.pdf.
Must have a label that states, in English and in a font no less than 1/16 of an inch, (i) all ingredients contained in the substance; (ii) the amount of such substance that constitutes a single serving; (iii) the total percentage and milligrams of all tetrahydrocannabinols included in the substance and the total number of milligrams of all tetrahydrocannabinols that are contained in each serving, and a COA.
The label needs to also state that the product contains THC and may not be sold to persons younger than 21 years of age. The batch identification number needs to also be included on the label of the product. ANy lable that contains a claim indicating the product is intended for diagnosis, cure, mitigation, treatment, or prevention of disease shall be considered misbranded. See 3.2-5145.4:1 Labeling and packaging requirements.
WARNING STATEMENT: the product may not be sold to persons younger than 21 years of age
Product must be contained in child-resistant packaging, if the product contains tetrahydrocannabinol. May not be in the shape of a human, animal, vehicle, or fruit.
"Child-resistant" means, with respect to packaging or a container, (i) specially designed or constructed to be significantly difficult for a typical child under five years of age to open and not to be significantly difficult for a typical adult to open and reseal and (ii) for any product intended for more than a single use or that contains multiple servings, resealable.