Hemp Business Owners Sue Virginia Over New 2 mg Cap Set to Take Effect Aug. 15
In Caroline County, Va., a group of seven hemp entrepreneurs—including Graham Redfern—filed a federal lawsuit in the Roanoke district court seeking to block a state law that will go into effect on August 15, 2026. The plaintiffs argue that the legislation, which was bundled with Virginia’s upcoming recreational marijuana market, will render the majority of currently sold hemp products illegal.
Redfern, who co‑owns a CBD‑focused retail operation, said the change would wipe out roughly 90 % of his inventory.
“Unfortunately, about 90 % of our products are going to be gone,” Redfern said.
The Core of the Dispute: A 2 mg Limit per Product
The contested provision imposes a 2 milligram ceiling on certain hemp‑derived compounds—most notably delta‑8 THC and similar isomers—per individual product. Under the current market, many tinctures, edibles, and vape cartridges contain far higher concentrations to deliver a therapeutically effective dose.
Redfern explained the practical impact: a 30‑day supply of CBD oil that now fits in a single bottle would need to be split into 30 separate containers to stay under the cap.
The cost of production is going to outprice the actual consumer’s willingness to buy, as well.
Why Business Owners Say the Law Is Overreaching
Supporters of the measure contend that many of the products now on shelves exist only because of a regulatory loophole created when the 2018 Farm Bill legalized hemp but left THC‑like compounds in a gray area. They argue the new cap aligns Virginia more closely with federal guidance and helps curb an illicit market.
Redfern acknowledges that some operators have pushed the boundaries of compliance, but he maintains that responsible businesses are being unfairly penalized.
Yes, there are bad actors, but there’s bad actors in every industry and so taking out compliant businesses or trying to do it right is just disheartening.
State Response and Legal Defense
The Virginia Attorney General’s office issued a statement defending the law, emphasizing that it establishes “clear standards for business participation in the marketplace” and includes enforcement mechanisms aimed at the illicit market. The office said it stands ready to defend the statute in court.
Next Steps: Press Conference and Ongoing Advocacy
Redfern and the other plaintiffs plan to hold a press conference on the steps of the State Capitol on Monday at 10 a.m. to explain their concerns and call for a collaborative solution with lawmakers.
They hope the lawsuit will create space for negotiation, allowing a dual market that satisfies both public‑health goals and the economic realities of Virginia’s hemp farmers, processors, and retailers.
How Virginia’s recreational marijuana plan could impact hemp farmers
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