Code of Virginia

Creating a Report: Check the sections you'd like to appear in the report, then use the "Create Report" button at the bottom of the page to generate your report. Once the report is generated you'll then have the option to download it as a pdf, print or email the report.

Code of Virginia
Title 3.2. Agriculture, Animal Care, and Food
Chapter 41.1. Industrial Hemp
6/29/2016

§ 3.2-4113. Production of industrial hemp lawful.

Bills amending this Section

A. It is lawful for a person licensed pursuant to § 3.2-4115 to cultivate, produce, or otherwise grow industrial hemp in the Commonwealth for the purpose of research as part of the industrial hemp research program. No person licensed pursuant to § 3.2-4115 shall be prosecuted under § 18.2-247, 18.2-248, 18.2-248.01, 18.2-248.1, 18.2-250, or 18.2-250.1 for (i) the possession or cultivation of industrial hemp plant material or seeds as part of the industrial hemp research program or (ii) the manufacture of industrial hemp products as part of the industrial hemp research program. In any complaint, information, or indictment, and in any action or proceeding brought for the enforcement of any provision of Article 1 (§ 18.2-247 et seq.) of Chapter 7 of Title 18.2 or the Drug Control Act, Chapter 34 (§ 54.1-3400 et seq.) of Title 54.1, it shall not be necessary to negate any exception, excuse, proviso, or exemption contained in this chapter or the Drug Control Act, and the burden of proof of any such exception, excuse, proviso, or exemption shall be on the defendant.

B. Nothing in this chapter shall be construed to authorize any person to violate any federal law or regulation. If any part of this chapter conflicts with a provision of federal law relating to industrial hemp that has been adopted in Virginia under this chapter, the federal provision shall control to the extent of the conflict.

C. No person shall be prosecuted under § 18.2-247, 18.2-248, 18.2-248.01, 18.2-248.1, 18.2-250, or 18.2-250.1 for the involuntary growth of industrial hemp through the inadvertent natural spread of seeds or pollen as a result of proximity to a licensed grower.

2015, cc. 158, 180.