RICHMOND, VA — Attorney General Jason Miyares has announced a major victory for child safety and public health as the Fourth Circuit Court of Appeals upheld a decision denying a preliminary injunction that would have prohibited Virginia’s ability to regulate hemp-derived products with intoxicating tetrahydrocannabinol (THC) levels.
“This decision is a huge win for common sense and Virginia’s families. Harmful counterfeit THC products marketed to children will not be tolerated in the Commonwealth. The safety and wellbeing of our kids must always come first,” said Attorney General Jason Miyares.
The case challenged recent legislation enacted to regulate the sale of hemp-derived products containing intoxicating levels of THC. Virginia’s laws specifically closed loopholes in federal hemp regulations that had allowed manufacturers and retailers to sell these products. The intoxicating products, often indistinguishable from common snacks and candies, are dangerous to minors, especially young children. Virginia’s approach strikes a proper balance between supporting a legitimate hemp industry and preventing the exploitation of children.
On Tuesday, the Fourth Circuit Court of Appeals affirmed the denial of a preliminary injunction that would have restricted the Commonwealth’s right to regulate intoxicating substances, and found that the plaintiffs are not likely to succeed on their claims that federal law preempts Virginia’s laws or that the laws are unconstitutional.
Read the order here.