Judge Denies Request to Block Virginia Hemp THC Limits

U.S. District Judge Robert Ballou denied requests from seven hemp businesses to block a new Virginia law restricting THC content in hemp products. The law, which took effect at midnight on August 15, 2026, eliminates a previous 25:1 CBD-to-THC ratio exception and bans the sale of hemp products containing more than two milligrams of total THC per package.

During hearings in Roanoke, plaintiffs including Nova Hemp and District Hemp Botanicals argued the restrictions constituted an illegal regulatory taking. Attorney Chap Petersen and business owner Cody Moorefield testified that the short window between the governor's June 29 signing and the August deadline left them with legal inventory that would become illegal overnight, exposing them to potential felony charges and financial ruin.

Judge Ballou ruled that the businesses failed to demonstrate a likelihood of success on the merits or imminent irreparable injury, although he noted the legislation was rushed. He stated that it is not the role of the court to second-guess the legislature regarding the effective date of the law.

Virginia Attorney General Jay Jones defended the measure as an evidence-based public health effort to protect children from unregulated intoxicating products. Governor Abigail Spanberger stated the measure puts the state on a path toward a safe and well-regulated marketplace as Virginia prepares for the legalization of adult-use recreational marijuana in 2027.