Virginia Governor Urged to Preserve Access to Hemp Products

Proposed cannabis legalization bill threatens to eliminate most compliant hemp products from retail shelves

Apr. 1, 2026 at 3:38pm

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A bill on Virginia Governor Abigail Spanberger's desk threatens to severely limit access to popular hemp products by imposing a 2 milligram THC cap, which would render the majority of existing inventory illegal starting in July. The founder of 757 Smokes, a hemp retailer, is calling on the governor to amend the bill and raise the cap to 5 milligrams to preserve consumer access and protect small businesses until the state's adult-use cannabis market launches in 2027.

Why it matters

The proposed hemp THC cap would force the removal of most compliant hemp products from retail shelves, disrupting the livelihoods of small businesses and eliminating access for thousands of Virginians who rely on these products for their daily wellness routines. This could drive consumers to the unregulated market, undermining the intent of the new cannabis law.

The details

The legislation to legalize adult-use cannabis sales in Virginia, SB 542/HB 642, contains a last-minute provision that would impose a 2 milligram THC cap on hemp products. This would make the majority of currently compliant hemp gummies, tinctures, vapes, pre-rolls, beverages and topicals illegal to sell as of July 1, 2026. Retailers, wholesalers and manufacturers across the state would be left with tens of thousands of dollars in unsellable inventory overnight, while consumers would lose access to the higher-dose products they have safely used for years as part of their wellness routines.

  • The new hemp regulations are set to take effect on July 1, 2026.
  • Virginia's adult-use cannabis market is not expected to launch until January 2027.

The players

Abigail Spanberger

The Democratic governor of Virginia who has until April 13 to use her amendatory authority to fix the hemp provisions in SB 542/HB 642 before signing the bill into law.

Ivory Ellis

The founder of 757 Smokes, a hemp retailer with locations in Portsmouth and Newport News, Virginia, and a member of the Cannabis Small Business Association.

757 Smokes

A hemp retailer that opened in April 2021 with the goal of providing Hampton Roads residents with quality hemp products and education.

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What they’re saying

“As written, the law would render the overwhelming majority of products currently on shelves illegal as of July 1. That includes gummies, tinctures, vapes, pre-rolls, beverages and topicals.”

— Ivory Ellis, Founder, 757 Smokes

“Customers are not asking for loopholes. They are asking for continuity. Removing access to effective dosages does not eliminate demand—it simply redirects it.”

— Ivory Ellis, Founder, 757 Smokes

What’s next

Governor Spanberger has until April 13 to use her amendatory authority to amend the hemp provisions in SB 542/HB 642 before signing the bill into law.

The takeaway

The proposed hemp THC cap threatens to disrupt the livelihoods of small businesses and eliminate access for thousands of Virginians who rely on these products, potentially driving consumers to the unregulated market. Raising the cap to 5 milligrams per serving could preserve access, protect compliant businesses, and reduce the likelihood of a black market surge.