Ellwood Thompson’s Leads The Conversation Around CBD Oil Legalization In Virginia

by | Feb 4, 2019 | VIRGINIA NEWS

At Ellwood Thompson’s, elected officials and community advocates gathered to discuss
the future of legal cannabis-derived CBD oil in Virginia. Much was learned.

CBD oil: there is a lot of confusion surrounding its legality, not to mention what exactly it is. To provide some clarification, Ellwood Thompson’s held a panel discussion to clear up the truth about some ambiguous laws, and address the controversy that surrounds hemp-derived CBD oil.

In order to understand CBD oil and the discussions around it, though, it is first important to know the difference between hemp-derived and marijuana-derived products. Both hemp and marijuana are types of cannabis plant; however, hemp has a lower concentration of THC (the psychoactive chemical) and higher concentrations of the non-psychoactive chemical cannabidiol (CBD). To be clear: you cannot get high from CBD alone.

Ellwood Thompson’s panel discussion, which took place on Wednesday, January 23, focused on the legalities around production and consumption of CBD oil in Virginia. Panel speakers included Jason Amatucci, founder of the Virginia Hemp Coalition; Erin Williams, Senior Policy Analyst at the Department of Agriculture and Consumer Services; and Delegate Nick Freitas, a Republican who represents the counties of Culpeper, Orange, and Madison in the House Of Delegates. The panel was moderated by Nick Schroder, a food advocate at Ellwood Thompson’s.

CBD oil is popular for its medical benefits. It is commonly used for treating conditions such as epilepsy, chronic pain, depression, and anxiety. It comes in concentrates, capsules, sprays, and vaping liquids. In addition, CBD oil can in be added to foods, lotions, gels, and drinks.

Tricia Boor, owner of Apothec, a health and beauty shop in Richmond, attended the event at Ellwood Thompson’s to learn more about how current CBD law applies to retailers. Boor said her customers and patients use her CBD oil-infused products to treat a variety of conditions including psoriasis, inflammation, eczema, and the effects of radiation treatments. Although she wants to take advantage of the medical advantages of CBD oil, Boor has concerns about the legality of selling and marketing CBD infused products.

“As a young business, we really want to make sure were not doing something that could be detrimental to our business,” Boor said. “We want to make sure that it’s on the up and up.”

Since 2015, Virginia has been conservatively passing laws on CBD. On the federal level, the 2018 Farm Bill legalized industrial hemp and the production of CBD oil. While the bill does not place restrictions on possessing or transporting CBD oil across state lines, it requires that growers be registered within a research or pharmaceutical program. In Virginia, the production and use of CBD oil is legal as long as the product contains less than 5% THC and more than 15% CBD.

Freitas has been working for the past three years to pass hemp legislation in the Virginia General Assembly. This year he sponsored two pieces of related legislation, HB 2346 and HB 1839.

HB 2346 sought to redefine the definition of industrial hemp and allow Virginia farmers to grow industrial hemp as a commercial product. This bill was tabled for the 2019 General Assembly session in subcommittee on Monday, January 28.

The second bill, HB 1839, would adapt Virginia law to the federal Farm Bill by “amending the definitions of cannabidiol oil, marijuana, and tetrahydrocannabinol (THC) to exclude initial hemp that is grown, dealt, or processed in compliance with state or federal law.” The bill has made it to the full house, and awaits a vote.

“I feel very confident… that once we get out of this General Assembly session, we’re going to have very, very clear lines with respect to what is legal [and] what is not legal,” Freitas said.

Photo by Demi Pradolin, via Unsplash

While the use of CBD oil is legal in Virginia, commercialized production is not. Therefore, Virginia’s in-store CBD oil products are manufactured out of state.

According to Freitas, this puts Virginia producers at a significant “economic disadvantage.”

“I want to move [Virginia] to a place where, again, we don’t put a bunch of government restriction with respect to growing a product that is not only safe, but beneficial,” Freitas said. “I don’t want our own farmers falling behind farmers in Kentucky, North Carolina and everywhere else that already has rules and regulations that make it far easier to grow this product.”

During the panel, Amatucci described industrial hemp production as a great “economic opportunity” and said he is ready to “take it to the next level.”

“We basically need to get CBD laws clear in Virginia,” Amatucci said. “We have a lot of support in the General Assembly on this issue.”

According to Freitas, the “main roadblock” to legislation in the Virginia Assembly comes from the “philosophical battle” regarding the federal government’s role in regulating hemp production.

“I really want to see [Virginia] treat industrial hemp like we would other agricultural products,” Freitas said. “Let [CBD oil] out in the free market. Let entrepreneurs be the one to decide whether or not it works. Let consumers decide whether or not they want to buy the product.”

Top photo: Rick Proctor, via Unsplash

Jayla McNeill

Jayla McNeill

Jayla McNeill is a journalism student at Virginia Commonwealth University and contributor to RVA Magazine. Her writing includes politics, diversity, art, culture, and social issues.




more in community

Old Grace Street is Richmond History. Let’s Recognize It.

Editor's note: We were sent this petition after publishing: VCU Demolition Blitz: More Richmond Erased HERE. As reported by The Richmonder last week, “The Cultural Heritage Stewardship Plan, which sailed through City Council with a unanimous vote Sept. 28, is intended...

It’s Still Our City Ep. 25 | Yavé Rust

RVA Mag and NODDERLY presents It’s Still Our City, a podcast hosted by Harrison Christy and with Clair Morgan as co-host and producer through NODDERLY. "Yavé Rust is a Richmond, VA-based music producer and audio engineer specializing in metal and punk. Originating...

Studio Two Three Is Beefing With Bots. Among Other Things

Studio Two Three has been around long enough to forget how likely it was to fail. Sixteen years ago, a small group of friends wanted to keep making art in Richmond. They pooled money from working in local restaurants to pay rent, borrowed equipment and built an...

Richmond Got a Little Filthier. John Waters Was Here.

Monday night I got taken to a church of filth. The Pope of Trash, the Prince of Puke, the Sultan of Sleaze, John Waters, graced the Byrd Theatre for a sold-out one-man show. The actor, writer and director became famous for cult classics like Pink Flamingos, Hairspray...

It’s Still Our City Ep. 24 | Ed Harrington

RVA Mag and NODDERLY presents It’s Still Our City, a podcast hosted by Harrison Christy and with Clair Morgan as co-host and producer through NODDERLY. "Ed Harrington moved to Richmond in 1993 to study art at VCU. At VCU, he was a Communication Arts major with a...

Richmonders Don’t Know How Many ICE Flights Are Happening

Protestors gathered on Saturday morning outside the Richmond International Airport to oppose and call attention to the airport's role in ICE detainee transfers and deportation flights. Immigration enforcement flights out of Richmond have increased sharply...

A First Look at the New Brown’s Island

Brown's Island has been closed since November 2025 for a $30 million improvement project, the largest renovation of the six-acre island in decades. It will temporarily reopen for the Richmond Folk Festival, October 9 - 11th, giving Richmonders their first chance to...

Richmond Loves Dolly Parton

I was gonna kill my husband in a cab in Peru, but “Islands in the Stream” came on the radio, and we stopped arguing and started singing. She could do that to you. You could totally be feeling some type of way, but if you put some Dolly Parton on, well, then you got a...