Virginia Lawmakers and Hemp Businesses Hold Capitol Press Conference to Fight the State's 2mg THC Cap

On Monday, August 10, 2026, at 10:00 a.m., a coalition of Virginia hemp business owners, lawmakers, and advocates will gather on the steps of the Virginia State Capitol in Richmond for a high-stakes press conference tied to an active federal lawsuit. The Virginia hemp press conference 2026 comes less than a week before a controversial state law takes effect — one that hemp industry leaders say will effectively wipe out their businesses overnight.

What Is Happening on the Capitol Steps Monday Morning

The press conference is organized by the Cannabis Small Business Association (CSBA) and will feature two prominent political figures: former Virginia State Senator Chap Petersen and current Virginia Delegate Tom Garrett (HD-56, former U.S. Congressman). Both are central figures in the legal and legislative fight against Virginia's 2mg THC cap on hemp products.

Petersen is not just a political ally — he is serving as lead counsel in the federal lawsuit. Garrett has been sharply critical of how the hemp restrictions were tucked into Virginia's biennial budget bill rather than debated as standalone legislation, calling the approach a bypass of proper legislative process.

Joining them will be representatives from the seven hemp businesses that are plaintiffs in the federal suit, along with hemp farmers and families whose livelihoods are directly on the line.

The Law They Are Fighting: Virginia's 2mg THC Cap

At the center of the dispute is a provision buried in House Bill 30, Virginia's 2026 biennial budget bill. The language eliminates the existing "25:1" rule — which allowed hemp products to exceed 2mg of total THC per package as long as they maintained a CBD-to-THC ratio of at least 25:1 — and replaces it with an absolute cap of 2mg total THC per container, effective August 15, 2026.

That hard cap effectively bans most hemp-derived consumable products currently on the market in Virginia — delta-8 gummies, THCA flower, high-potency hemp carts, and similar products that have been legally sold under the 25:1 framework. Industry leaders say that virtually no commercially meaningful hemp product can stay under a 2mg absolute limit.

Businesses were notified of the change via an email from the Virginia Department of Agriculture and Consumer Services (VDACS) on July 6 — giving them roughly 40 days to overhaul their entire supply chains, reformulate products, and liquidate existing inventory. That timeline, the lawsuit argues, is far too short to be constitutional.

The Federal Lawsuit: Seven Businesses Take Virginia to Court

On July 31, 2026, seven Virginia hemp businesses filed suit in the U.S. District Court for the Western District of Virginia, Roanoke Division. The plaintiffs are:

• Northern Virginia Hemp & Agriculture (NOVA Hemp)

• Redfern Hemp Co.

• District Hemp Botanicals

• Pure Shenandoah (Pure Elkton Manufacturing)

• Cypress Hemp II

• Wellness Warriors (Kultivate Wellness)

• Simply Hemp

The defendants include Governor Abigail Spanberger, Attorney General Jay Jones, and the Virginia Cannabis Control Authority (CCA).

Three Constitutional Arguments

Petersen and his legal team are pressing three constitutional theories in the W.D. Va. court:

• Unconstitutional Taking (5th Amendment): The law renders millions of dollars in lawfully purchased inventory commercially worthless without just compensation. Businesses that invested in hemp infrastructure under the 25:1 framework argue this constitutes a regulatory taking of private property.

• Due Process (14th Amendment): A 40-day notice period to overhaul a supply chain, reformulate products, and liquidate inventory is not constitutionally adequate. The lawsuit argues this is an arbitrary deprivation of property.

• Equal Protection / Economic Protectionism (14th Amendment): A 3mg THC hemp gummy becomes a criminal offense at a hemp retailer on August 15, while nearly identical high-potency products will be legal at state-licensed marijuana dispensaries when Virginia's adult-use market opens in July 2027. The suit argues this disparity is protectionism, not public safety.

The TRO: What the Court Decides Next

As of publication — Sunday, August 9, 2026 — the W.D. Va. court has not yet ruled on the plaintiffs' motion for a Temporary Restraining Order (TRO). A hearing on the emergency injunction is expected around August 12, just three days before the August 15 enforcement deadline. This article will be updated when the court issues a ruling.

Note: Nothing in this article constitutes legal advice. The outcome of any pending court proceeding is uncertain.

Two scenarios are now in play:

• If the TRO is granted: enforcement of the 2mg cap is temporarily blocked. Hemp businesses in Virginia would be permitted to continue selling current inventory while the full case proceeds. This would be a significant short-term win for the industry.

• If the TRO is denied: the 2mg cap takes effect August 15 as scheduled. Attorney General Jones has already stood up a new Regulated Products Enforcement Unit to conduct retail compliance checks beginning that day. Virginia hemp retailers would face enforcement risk for any product exceeding the 2mg limit.

What This Means for Virginia Hemp Consumers

If the TRO is denied and the 2mg cap takes effect August 15, Virginia consumers who rely on hemp-derived products — THCA flower, delta-8 gummies, high-potency hemp carts, hemp beverages — will see those products disappear from Virginia retail shelves quickly. Retailers who continue stocking them face criminal exposure.

The gap between Virginia's hemp restrictions and its forthcoming adult-use cannabis market creates a particularly awkward window for consumers. Virginia's licensed recreational dispensary sales are not expected until July 2027. Between August 15 and that opening, many cannabis consumers in Northern Virginia and the broader DMV region may find their local options significantly reduced.

For more on what the Virginia hemp ban means for consumers and retailers, see our earlier coverage: Virginia Hemp Businesses Call the 2mg THC Cap Economic Protectionism and our full breakdown of the federal lawsuit: Virginia Hemp Businesses Sue Over the 2mg THC Cap.

Virginia Is Not Alone: The Broader Hemp Regulatory Fight

Virginia's 2mg cap is part of a widening national pattern of states tightening hemp regulations in advance of federal action. The federal Farm Bill, which defined hemp as cannabis with 0.3% THC or less on a dry weight basis, has been cited by the Virginia plaintiffs as grounds for federal preemption — the argument that state law cannot be more restrictive than federal law in ways that conflict with the federal framework.

At the federal level, Congress has been actively debating its own hemp policy changes, with Senate action on hemp regulation shaping the backdrop for all state-level fights. For the latest on where federal hemp legislation stands, see our coverage: Federal Hemp THC Ban: Senate Delays, What Happens Next.

Licensed Cannabis Delivery in the DMV — Regulated, Stable, and Not Subject to the Hemp Ban

While the Virginia hemp regulatory landscape remains in flux, Bud Lords operates as a fully licensed cannabis delivery service in Washington DC and the surrounding DMV region. Our products move through licensed channels, are not subject to Virginia's hemp restrictions, and remain available to customers in the area.

If you are in Virginia and the hemp restrictions affect your access, licensed cannabis delivery through DC may be an option depending on your location. Browse the Bud Lords shop for current inventory and delivery options.

This article was researched and written with AI assistance by the Bud Lords AI Newsroom.