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Virginia
U.S. Court Upholds Virginia’s Ban On Intoxicating Hemp
cannabis for industrial purposes, hemp field
A U.S. court has upheld Virginia’s strict regulations on intoxicating hemp products, ruling they don’t conflict with the federal law and Dormant Commerce Clause, reinforcing the state’s power to protect public health and safety.
Earlier this month, the U.S. Court of Appeals for the Fourth Circuit decided an appeal filed by hemp company Northern Virginia Hemp and Agriculture and other plaintiffs challenging Virginia’s Senate Bill 903, a law regulating hemp products.
The court denied claims that the law conflicts with federal law or violates the so-called Dormant Commerce Clause–a principle of law that prohibits states from enacting laws that unduly interfere with interstate commerce.
The court, in its judgment, stated that the states can provide legislation concerning health and safety matters, including restrictions on intoxicating hemp products.
The decision is a major setback to the hemp industry’s legal offensive against state rules, as it upholds that Virginia’s law in no way conflicts with federal rules or the Constitution.
Virginia’s Crackdown On Intoxicating Hemp Products
The plaintiffs have argued this state law conflicts with federal law under the 2018 Farm Bill because it restricts the amount of total THC in retail hemp products to 0.3%.
While the 2018 Farm Bill legalized hemp containing as much as 0.3% delta-9 THC, the main compound of marijuana also present in industrial hemp in small quantities, it didn’t restrict other forms of THC, which included delta-8, providing those products complied with their level of delta-9 THC levels.
Virginia acted upon Senate Bill 903 in reaction to the proliferation of intoxicating hemp products ranging from gummies to beverages sold as marijuana alternatives.
Most of these are synthetically produced from CBD derived from hemp and include various compounds like delta-8 THC, delta-10 THC, THC-O, and HHC, which created a fast-growing market.
The law, therefore, was meant to protect consumers from exposure to such intoxicating substances.
While the plaintiffs alleged that Virginia’s law was preempted by federal law and violated the Dormant Commerce Clause, such arguments were rejected by the court, which consequently ruled that the 2018 Farm Bill didn’t preempt Virginia’s regulations.
The federal law allows states to adopt more restrictive rules concerning hemp production, and Virginia’s law speaks particularly to the total THC content to make sure health and safety concerns are met.
The court also held that the Dormant Commerce Clause was not implicated because the statute treats all in-state and out-of-state parties equally and neither burdens interstate commerce nor favors local business.
In its ruling, the court said that since Virginia had a greater responsibility to care for the local health and safety concerns related to psychoactive hemp products, it could regulate them more strictly than federal law.
Yet the ruling did recognize that the law may have economic consequences for some businesses but found no reason to stop it from coming into force.
Hemp’s Future Under Review In Upcoming Farm Bill
At the federal level, the 2018 Farm Bill—what unwittingly fostered the psychoactive hemp products boom—remains under review.
Lawmakers have proposed amendments that could even redefine hemp to exclude intoxicating substances altogether.
That would provide a consistent federal standard and perhaps remove the need for state-level regulatory battles, but it would also deal a severe blow to the hemp industry.
CHARLOTTE, N.C. — In this world of college football, with the transfer portal and recruiting battles, bad blood is present more than ever before between head coaches.
That’s not the case between the Virginia Tech head coach and Clemson head coach Dabo Swinney, however. In fact, Franklin revealed at ACC Kickoff on Thursday that the two are actually close friends, dating back to their time at the Nike trip that various coaches take over the summer.
“Dabo’s my guy,” Franklin said on Thursday. “We go way back. We’ve been on the Nike trip for a long time. His wife and my wife are friends.”
The long-time Penn State head coach is making the move to the ACC after being fired from the Nittany Lions in October. 12 seasons of being with the program had Franklin hold a 44-21 record against top 10 opponents, an impressive record for a new conference foe of Swinney’s.
But when that trip comes around, there’s a camaraderie between Swinney and Franklin and both of their wives. In fact, the two hang out with each other instead of the other coaches at times. It simply comes to an “edgy” time in college athletics that raises tempers.
“I’m going to be honest, I wouldn’t say we’re necessarily like the type of people that love a lot of other coaches and a lot of other programs,” Franklin said. “It’s hard when you just compete year-round.”
On Swinney’s end, there are a few who could immediately come to mind among Clemson fans. Perhaps the most recent would be Ole Miss coach Pete Golding, who played the most significant role in the tampering of former linebacker Luke Ferrelli.
It’s a select list of coaches who make the good side of the Tigers’ head coach, and Franklin is certainly on that list. On the other hand, Hokies’ head coach has Swinney on his own shortlist.
“Obviously, tremendous respect for what he has built at Clemson and what he’s done at Clemson, and what he’s done for the ACC,” he said.
The two will see that close relationship face off at Memorial Stadium this upcoming season. Clemson will host the Hokies on Oct. 24 in what could be a potential title-eliminator for the ACC Championship.
Of course, the last game that we’ve seen the Tigers play in was against Franklin’s former team in Penn State at the Bad Boy Mowers Pinstripe Bowl. That game ended in a 22-10 contest that saw a foundation of Franklin players end Clemson’s season in disappointment.
Swinney will see many of those players once again in October, including starting quarterback Ethan Grunkemeyer, in that contest. The anticipated Hokie starter recorded 260 yards and two passing touchdowns on the Tigers in the Bronx that day.
Although friends become foes, another ACC coach has given Swinney his flowers for what he’s been able to do for the conference. In the upcoming moments, Franklin will look to prepare his team to prove itself on one of the biggest stages in the ACC, while Swinney looks to put his team back at the top of a conference he’s dominated for over 15 years.
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MARTINSVILLE, Va. (WSET) — Extreme drought conditions in parts of Virginia have prompted an emergency drought warning for a wide swath of the region, including Bedford, Campbell, Charlotte, Franklin, Halifax, Henry, Mecklenburg, Patrick, Pittsylvania and Roanoke counties, along with the cities of Danville, Roanoke, Salem and Martinsville.
The governor has warned that if conditions worsen, she will activate mandatory nonessential water-use restrictions.
In Martinsville, city leaders have issued a voluntary water conservation notice and are urging residents and businesses to cut back where they can. The request comes as local businesses that rely heavily on water say the drought is already affecting day-to-day operations.
SEE ALSO: Botetourt County residents adjust daily routines as voluntary water restriction continues
John Hughes, owner of John’s Car Wash, said the dry conditions have hit his business hard in recent weeks. “For the last 3 weeks, it’s been hitting pretty hard. We done three yesterday and haven’t done anything today with the drought and hot weather. Yeah, I’m really concerned about it,” Hughes said.
Restaurants are also feeling the strain. David Kitzmiller, an owner of Be Wiched, said water is essential for routine tasks such as washing dishes and preparing some menu items.
“We use a lot of water for washing dishes and some of our recipes if they limit us in anyway defiently can’t produce and its a scary aspect,” Kitzmiller said.
Kitzmiller added that cutting back is not always realistic for businesses that must meet sanitation needs. “Not really feasible for a business that depends solely relies on water to wash their dishes, so that can’t definitely be an impact there,” he said.
City leaders emphasized that the conservation request is voluntary for now, but they are encouraging everyone to do their part by taking shorter showers, turning off the faucet when it is not in use, washing only full loads of laundry, and limiting outdoor watering whenever possible.
VIRGINIA BEACH, Va. (WAVY) — Five people were charged after Virginia Beach Police conducted a two-day human trafficking and vice operation on July 3, according to the Virginia Beach Police Department.
The department’s Special Investigations Bureau conducted the operation, which was aimed at identifiying human trafficking victims, reducing the demand for commercial sex and targeting individuals seeking to exploit or recruit children for prostitution.
Detectives used many investigative techniques to proactively identify individuals involved in criminal activity related to prostitution, human trafficking and offenses against children. The operation was conducted in Virginia Beach, involving personnel from all of the bureau’s squads.
As a result of the operation, five people were identified and charged with offenses ranging from solicitation of prostitution to sex trafficking and crimes involving minors. Two vehicles and U.S. currency were seized during the operation. Other people were connected to victim services through Samaritan House.
The operation led to the following people being charged:
- Shane Carter, 28, of Norfolk, was charged with solicitation of prostitution.
- Robert Harris, 64, of Virginia Beach, was charged with solicitation of prostitution and assault and battery.
- Larry Pittman, 53, of Portsmouth, was charged with sex trafficking and use of electronic devices to facilitaate certain offenses involving minors.
- Kenric Frazier, 46, of Portsmouth, was charged with sex trafficking, use of electronic devices to facilitate certain offenses involving minors and solicitation of child pornography.
- Cameron Lewis, 24, of Norfolk, was charged with solicitation of prostitution.
Investigators also developed leads about people who are suspected of trafficking and exploiting others for commercial sex. Those are now active and ongoing investigations. There may be more charges and arrests pending further investigation and consultation with the Virginia Beach Commonwealth’s Attorney’s Office.
If you’re a human trafficking victim or know someone who is, you can report it to the National Human Trafficking Hotline at 1-888-373-7888.
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