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LGBTQ Groups Celebrate Passage of ‘Historic’ Virginia Values Act

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After years of struggling, advocates for Virginia’s LGBTQ community have received a clear victory, as the Virginia Values Act passes both houses of the General Assembly.

Legislators wore rainbow, heart-shaped stickers Thursday as the House and Senate passed the Virginia Values Act. LGBTQ advocacy groups and lawmakers held a press conference in anticipation of what they called, “a historic moment after a years-long battle.”

Senate Bill 868, patroned by Sen. Adam Ebbin, D-Alexandria, and House Bill 1663, patroned by Del. Mark Sickles, D-Fairfax, will amend existing nondiscrimination laws to extend protection to LGBTQ residents in housing, employment and places of public accommodation. 

“Today we took another giant step along the path towards a more equal and just Virginia,” Sickles said in a statement.

Speakers at the event included the chief patrons of the bills and chief co-patron Sen. Jennifer Boysko, D-Fairfax, as well as representatives from LGBTQ organizations such as the Virginia Values Coalition, Equality Virginia, the Human Rights Campaign, and the National Center for Transgender Equality and Freedom for All Americans.

“Today, history was made in Virginia, and LGBTQ Virginians are one step closer to being protected from discrimination simply because of who they are or whom they love,” said HRC President Alphonso David.

James Parrish, director at Virginia Values Coalition, speaks at a press conference ahead of the Virginia Values Act passage. (Photo: Screengrab from press conference, via VCU-CNS)

Virginia will be the first Southern state to pass nondiscrimination protections for LGBTQ residents, as well as the first state in over a decade to add “sexual orientation” and “gender identity” to existing laws of nondiscrimination protections, according to a HRC media release.

“This isn’t a theoretical issue, discrimination is happening today,” Ebbin said in a press release. “Until we shine a light on this issue, until we drive it out of our state, Virginians will continue to suffer the psychological, physical and economic vandalism simply because of who they are or who they love.”

Senate Majority Leader Dick Saslaw, D-Fairfax, House of Delegates Speaker Eileen Filler-Corn, D-Fairfax, and Gov. Ralph Northam have pledged their support for the legislation. 

“We are going to officially end discrimination in the commonwealth of Virginia this year,” Northam said during an Equality Virginia reception Tuesday.

Written by Emma Gauthier, Capital News Service. Top Photo: A rainbow flag was raised on Sept. 23 along with a trans flag and the Philly Pride Flag for Richmond Pride. (Photo from City of Richmond Flickr account)

Lobby Day: A Peaceful Event Filled With Inflammatory Ideas

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The Capitol Square gun rally Monday managed to avoid outbreaks of violence, but the abundant rhetoric still struck an ominous note for the Commonwealth.

After all the talk, after all the hype, lobby day in Richmond on Monday came and went without any serious incidents from the around 22,000 overwhelmingly white protesters who assembled in Capitol Square to let the governor know their feelings on any future gun legislation. (Spoiler: They’re against it.)

There were no shots fired, no fights, and the only arrest made was of one young woman for wearing a mask that covered her face — despite the fact that I personally witnessed dozens and dozens of people covering their faces. There was a lot of bluster, as well as a lots of implied threats about “corrupt government,” a lot of rhetoric about Governor Northam being a tyrant, and a circus atmosphere — complete with Alex Jones of InfoWars cruising the streets around the Capitol in an armored truck with a megaphone, right across from another truck carrying a large sign that said “Epstein didn’t kill himself.”

So how did this all happen?

The wheels for this rally were set in motion on November 5, 2019, when Democrats took control of the state legislature. This marked the first time they had control of both houses of the General Assembly as well as the governor’s office since 1994. Almost overnight, a number of 2nd amendment-related facebook groups popped up with names like “Virginia Rising,” “Take Back Virginia,” and “Virginia Patriots.” These groups regularly updated their members with information, both real and imagined, about what the Democrats would do to infringe the gun rights group members felt were God-given.

The Virginia Citizens Defense League, founded in 1994 in reaction to the last time Democrats took over the state, immediately started planning a rally for January 20, the traditional Lobby Day for the General Assembly. Piggybacking off a movement beginning in other states, first Illinois and then moving on to Arizona, Florida, Texas, Colorado, Illinois, California, and New Mexico, individual municipalities around Virginia declared that they would ignore laws that would take away their 2nd amendment rights. These municipalities often took on the moniker of “2nd amendment sanctuary cities.” As of January 16, the number of cities and towns in Virginia that have signed on to this pact is 105 and growing.

Fun fact: Phillip Van Cleave, the president of the VCDL and the main speaker at lobby day, was featured last year in an episode of the Sacha Baron Cohen TV series Who is America? In the show, he was coerced by the comedian into saying that three-year-olds should be armed in classrooms; he even did a fake commercial, holding up guns with cutesy puppet attachments.

The major issue for these 2nd Amendment defenders was the Democrats’ proposal of “red flag laws” that would allow guns to be confiscated if the owner’s possession of them posed a “substantial risk of injury to himself or others.” As of today, this law is still pending; it has passed the Virginia state Senate, but must be approved by the House Of Delegates before going to Northam. This bill became a flash point, and remained so at the rally on Monday, as signs, including a large banner, showing a semi-automatic rifle and the words “come and take it” can attest.

This bill, which represents tyrannical government overreach to its detractors, along with governor Northam’s decision to declare a state of emergency the weekend before the event and ban weapons from Capitol Square, sent many people who were already mistrustful of government into overdrive. On Friday, three days before the event, state Senator Amanda Chase, who later spoke at the event, wrote on Facebook that 2nd Amendment advocates were being set up and warned that “if anything goes wrong… you could be arrested as a domestic terrorist.” Of course, as RVA Magazine learned from the FBI in the aftermath of the 2017 Unite The Right rally in Charlottesville, a US citizen cannot be prosecuted for domestic terrorism.

An hour of speeches were scheduled for 11 am at Lobby Day, but when I arrived at 7:30 am, there were already thousands of people stretching around every corner. Along with many others, I milled around, waiting for something to happen and unsure of where to go. Perhaps we were waiting for that promised threat of violence. “We hope it’s not another Charlottesville,” Phillip Van Cleave had said.

Signs were being distributed en masse that said “94% of Virginia localities say: No more gun control.” Other signs showing the famous blackface and KKK photo from Ralph Northam’s old medical school yearbook, captioned with the words, “The man behind the sheet wants your guns.” The mood of the attendees was proud and defiant as they stood side by side with their fellow advocates, many carrying large rifles and declaring their 2nd Amendment rights to be non-negotiable.

The narrative you believe about Lobby Day seems to depend mainly on whether you are for or against the proposed legislation it was reacting to. There doesn’t seem to be any middle ground. There wasn’t a whole lot of nuanced discussion along the lines of, “I hate this proposal, but this other one has some merit.” In speeches, chants, and slogans, Governor Northam was regularly referred to as a tyrant; in the crowd, some held signs that referenced the state motto of Virginia, “sic semper tyrannis,” translated as “thus always to tyrants.”

Inside the Capitol Square, we were all unarmed; it was so crowded that while I was able to record audio from the hour of scheduled speeches, I was unable to see them. The 13 speakers largely reflected everything I had seen online and heard in the hours of chants leading up to their speeches, where people on microphones rallied the crowd with chants of “U-S-A, U-S-A,” “we will not comply,” and a complete sing-along of the “Star Spangled Banner.”  

The speakers pounded home the talking point that gun rights are given to us by God, the Constitution upholds those rights, the right to bear arms shall not be infringed, and therefore, in light of all these things, the proposed laws are unconstitutional, and so are the lawmakers proposing them.

Here are some samples of what they said in their speeches:

Virginia Senator Amanda Chase: The governor is violating your constitutional freedoms.
Virginia Delegate Nick Frietas: All of us have an inherent right to self-defense.
Virginia Delegate John McGuire: Common sense gun legislation is the Kate Nixon bill, which says that if you get shot in a gun-free zone, you can sue the governor.
Sheriff Danny Diggs: I’m from York County, where we dealt with a tyrant.
African American Pro-gun advocate Antonia Okafor: It makes sense that it’s MLK day, because we are all Americans and we bleed the same… In Texas we like to say, “Come and take it!”
Pro-gun advocate Dick Heller, who won a lawsuit overturning DC’s handgun ban: Today on Martin Luther King Day, our character is of freedom.
WRVA radio host Jeff Katz: We may have come on different ships, but we are in the same boat now.

Many referenced Martin Luther King Jr., whose birthday was also celebrated on Monday. However, none mentioned that King, a noted advocate for non-violence who was murdered by a gun, gave up his own guns years before his death.

The larger media narrative reported that Lobby Day was a peaceful event. However, make no mistake, these are not peaceful ideas. They do not allow room for negotiation; the life-size guillotine set up on the street right outside the square indicated as much. The language many advocates use is certainly bluster, and few people take their implied threats seriously, but when they speak of a new Civil War or sacrificing their life for their rights, as shown in this InfoWars video, it’s obvious that they are passionate about it.

When the measure of success of a large-scale event is that no fights or shootings took place, that’s a pretty low bar. And based on the temper of the crowd, it seems likely that if counter-protesters hadn’t mostly chosen to stay home, even this bar might not have been cleared.

Meanwhile, Virginia’s Senate has continued to pass the very laws gun advocates rallied so fiercely against — and with the House Of Delegates containing an even larger Democratic majority, chances are good that the bills will soon proceed to Governor Northam’s desk. The future infringement protesters railed against is likely to become a reality very soon. Hopefully, the “peaceful” atmosphere can continue to prevail.

Photos by Joshua Dudley

The Many Faces of the Virginia Gun Rally

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Monday’s gun rally wasn’t violent, thankfully. But there was a lot to see at the Capitol that day nonetheless.

Tens of thousands of people from throughout Virginia and all over the nation descended on the Capitol Building Monday for a massive pro-gun rally, and the big headline in the wake of the event was that, despite widespread fears that kept many from venturing anywhere near downtown Richmond on Monday, no violence occurred. The extensive precautions taken by the state’s government in advance of the event was an important factor in the relatively calm event that ensued.

The lack of vocal opposition on hand may also have helped keep the peace; gun violence advocates, some of whom had originally planned lobbying events of their own, chose to stay away, giving the event much more of a unified crowd that united on common pro-gun grounds, regardless of their disagreements about other issues.

Despite the fact that Governor Ralph Northam, who had declared a state of emergency a few days before the rally, had banned anything remotely classifiable as a weapon within the designated lobbying area on the Capitol grounds, there were plenty of firearms to be found. With the crowd spilled onto the streets surrounding the Capitol, where there were no regulations on what sort of weaponry people could carry, there was an abundance of armaments in evidence.

Vendors hawked “God, Guns & Trump” t-shirts, and protesters carried signs and engaged props to make their point: that the Virginia General Assembly should not pass any laws restricting the possession and sale of guns within the state in any way, shape, or form, no matter how minor.

How the General Assembly will react to this massive display remains to be seen. For now, here are some of the most indelible images of the day, captured by our photographers on the scene.

Photo by Joshua Dudley
Photo by Christopher Brown
Photo by Liam Kennedy
Photo by Noelle Abrahams
Photo by Liam Kennedy
Photo by Liam Kennedy
Photo by Liam Kennedy
Photo by Noelle Abrahams
Photo by Christopher Brown
Photo by Liam Kennedy
Photo by Liam Kennedy
Photo by Christopher Brown
Photo by Noelle Abrahams
Photo by Liam Kennedy
Photo by Christopher Brown

Top Photo by Liam Kennedy.

Hundreds Trek To Virginia’s Capitol To Support Environmental Bills

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Supporting alternative energy, lowering carbon emissions, and protecting Virginia’s vulnerable communities were important issues to the crowd that gathered at the Capitol building.

Hundreds of clean energy supporters trekked to the State Capitol last week demanding Virginia move away from reliance on carbon-based energy, invest in alternative energy supplies, and lower rates for customers.

At the rally, hosted Tuesday by the Sierra Club Virginia Chapter, Chesapeake Climate Action Network Action Fund, and other environmental organizations, participants pushed for Virginia to join the Regional Greenhouse Gas Initiative, an effort to cap and reduce carbon emissions from the power sector. 

Gov. Ralph Northam supported the initiative in his 2020 budget proposal by including $733 million in new funding for the environment and clean energy. 

“In Virginia, we are proving that a clean environment and a strong economy go hand-in-hand — and having both is what makes our Commonwealth such a great place to live, work and play,” Northam said in a press release. 

Supporters of clean energy gather on the Capitol steps. Photo by Jeffrey Knight

Organizations lobbied for bills that seek to depart from a reliance on fossil fuels such as coal and natural gas. One focus was House Bill 1526 and its counterpart Senate Bill 851, known as the Virginia Clean Economy Act. 

These bills would develop mandatory standards, annual timelines and call for specific reductions of carbon emissions, with the goal to hit 0 percent by 2050. The bills also push for offshore wind operations and solar energy generation. 

“I’m 100% for environmental issues,” Sen. Lionell Spruill Sr., D-Chesapeake, and co-patron of SB 851, said to supporters of the bill during the rally. “If I have to stand alone for environmental issues, I will do it alone.”

After supporters met with legislators, they reconvened at the nearby St. Paul’s Episcopal Church, where they heard speakers champion environmental justice and steps to combat climate change. 

Del. Jennifer Carroll Foy, D-Prince William, took to the podium during the rally to address coal ash, a by-product of burning coal in power plants that contains arsenic, mercury, and other metals.

“Most of our environmental impacts, not only of climate change but also with coal ash and pipelines, are in our most vulnerable communities,” Carroll Foy said to the audience. 

Harrison Wallace, Va. director of the Climate Action Network, address the crowd during the Clean Energy Rally. Photo by Jeffrey Knight.

Dominion is Virginia’s main energy supplier, with 2.6 million customers in Virginia and Eastern North Carolina, according to its website. The energy giant has been moving away from coal production, but environmental advocates worry that closure of Dominion’s coal ash ponds will affect nearby communities. They want Dominion to haul away the coal ash, instead of capping it in place.

Advocates also said that the proposed Atlantic Coast Pipeline that Dominion and other utility companies want to build as they tap into alternative energy sources will compromise communities and deviate from a zero carbon future.

“There will be 35 years of non-renewable energy if the pipeline continues,” said Corrina Beall, legislative and political director of the Sierra Club Virginia Chapter. 

The Environmental Justice Act (HB 704 and SB 406) patroned by Del. Mark Keam, D-Fairfax, and Sen. Ghazala Hashmi, D-Richmond, respectively, would require state agencies to review proposed environmental policies with regard to the impact on low income communities, communities of color and vulnerable populations and calls for “the fair treatment and meaningful involvement of all people.”

The Clean Energy Rally brought hundreds to advocate for zero carbon emissions as well as other environmental legislation. Photo by Jeffrey Knight.

Supporters at the rally also pushed for the Fair Energy Bills Act (HB 1132), patroned by Del. Jerrauld “Jay” Jones, D-Norfolk, and Del. Lee Ware, R-Powhatan. The bill calls for lower rates from energy suppliers like Dominion Energy, who reportedly overcharged Virginians $277 million more than they were allowed in 2018. 

SB 966 restored the SCC’s ability to conduct earnings reviews to determine whether Dominion Energy had collected more money than required. If so, the extra revenue could be reinvested in electric distribution grid transformation as well as solar and offshore wind projects, at no extra cost to the consumer. 

“What makes more financial sense is for the money to be reinvested, which allows the customer to get the benefit of the project without any additional rates,” said Rayhan Daudani, manager of media relations for Dominion Energy. 

He said that customers get a “great value” with rates 6.8 percent below the national average, along with increased investment in renewable energy and a transformed energy grid. Dominion said it plans to invest $750 million between offshore wind projects and smart meters that provide better grid service. 

“Our mission is to keep those prices low, build the nation’s largest offshore wind project, continue to provide solar energy across the state, and keep the lights on for our customers,” Daudani said.

Supporters of clean energy gather on the Capitol steps. Photo by Adrienne Eichner.

The offshore wind project is set to be the largest in the U.S., with enough energy to power up to 650,000 Virginia homes, according to a recent Dominion Energy press release. 

So far none of the bills supported by clean energy advocates have passed committee.

Written by Jeffrey Knight, Capital News Service. Top Photo by Adrienne Eichner.

Advocates Hope LGBTQ Protections Will Pass With New Leadership

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The Virginia Values Act, introduced Friday in the General Assembly by Senator Adam Ebbin, would offer extensive (and much needed) non-discrimination protections to Virginia’s LGBTQ citizens.

Sen. Adam Ebbin, D-Alexandria, introduced Friday SB 868, called the “Virginia Values Act,” which would amend existing nondiscrimination laws to extend protections for the state’s LGBTQ residents. While protection from discimination against race, religion, age, and disability, among other demographics, already exist under Virginia law, the proposed bill seeks to include the terms “sexual orientation” and “gender identity.”

Less than half of U.S. states prohibit discrimination for LGBTQ individuals, according to Freedom for All Americans, a nationwide campaign that seeks to provide nondiscrimination protection for LGBTQ individuals. Virginia is among the majority, with no laws protecting the community from wrongful firing or evictions based on discrimination.

Tracey Swinarsky is a transgender advocacy speaker with Equality Virginia, an organization that seeks equality for all LGBTQ individuals. She said she has experienced discrimination from two employers, including one that fired her because of customer complaints because she is transgender.

“If there was a legal thing that says legally you can’t do this, I would’ve taken action,” Swinarsky said.

“The new law will bring Virginia into the 21st century, and into alignment with Virginia voters, by modernizing and expanding existing human rights law,” the Virginia Values Coalition stated in a press release. The coalition formed in October, following the 2019 General Assembly session in which over 20 bills supported by Equality Virginia failed to advance.

SB 868 was referred to the Committee on General Laws and Technology, chaired by Sen. George Barker, D-Fairfax. 

Sen. Adam Ebbin, patron of the bill to prohibit discrimination against LGBTQ. (courtesy of generalassembly.gov)

The proposed protections will directly target discrimination from public and private employers, housing, credit applications and public acommodations. The Virginia Fair Housing Law would include prohibiting eviction or denial of residence on the basis of gender identity or sexual orientation. 

Employers with more than five employees will also be prohibited from firing or refusing to hire an individual on the basis of gender identity or sexual orientation. It will also be unlawful for employment agencies to refuse to refer an individual for a job on that basis. 

Under the proposed changes, no individual could be legally denied service due to their gender identity or sexual orientation, including in restaurants, stores and public facilities, such as gyms and libraries. This section would not apply to any private club or facility owned by a religious corporation that is not open to the public. 

The bill also proposes including discrimination against sexual orientation or gender identity as qualifying reasons for grievance hearings, which are meetings that address employee allegations of discrimination. 

“It would give us a lot more feeling of safety and security if that happens,” Swinarsky said. “We’re a part of the world and they’re gonna have to deal with that and take care of us and handle us like anybody else out there — no matter what.”

Gov. Ralph Northam included the objectives of this legislation as a priority during his State of the Commonwealth address on Wednesday. 

“Then, we will pass comprehensive protections in employment, housing, and public accommodations for LGBTQ people,” Northam said in his address. “These are important steps toward building a more equal, just, and inclusive state.”

The Virginia Values Coalition worked alongside Ebbin and other partners including Equality Virginia, the Human Rights Campaign, Freedom for All Americans, the American Civil Liberties Union of Virginia and the National Center for Transgender Equality to create the legislation. 

Legislators announce support of LGBTQ nondiscrimination protections in 2020 General Assembly. (courtesy of hrc.org)

Virginia is home to over 257,000 LGBTQ adults and over 50,000 LGBTQ youth according to the Williams Institute at UCLA School of Law. The institute reported that 81 percent of Virginia residents think LGBTQ individuals experience discrimination in the state. It also shows that 74 percent of LGBTQ student respondents have experienced discrimination at school. 

“So we know that discrimination is happening with frequency in Virginia,” said Vee Lamneck, executive director of Equality Virginia, which also conducted its own surveys and reported that about half of its participants experienced discrimination. 

Lamneck stepped into this position just last week after being with the organization for over six years and deputy director for three years. The position was previously held by James Parrish, current director of the VVC. 

“An overwhelming majority of Americans, including Virginians, believe that LGBT people should be protected from discrimination,” Parrish said. “But also a majority of people believe those protections already exist, and they don’t.”

Sen. Ebbin patroned SB 998 last session, which also aimed to prohibit employers from discriminating on the basis of gender identity or sexual orientation. It passed the Senate 28-12 but didn’t make it past the first reading in the House. 

“Conservative leadership in the House of Delegates continuously stood in the way,” Parrish said. “The Republican-led Senate passed both the employment bill and the housing bill with a super majority of votes in the past several sessions but they were always dead-on-arrival in the House.”

Equality Virginia and the VVC said they are excited to see new leadership this session that seeks to protect the LGBTQ community.

House Speaker Eileen Filler-Corn and Senate Majority Leader Dick Saslaw, D-Fairfax, already pledged to support legislation that protects the LGBTQ community. 

“Passing comprehensive protections for LGBTQ Virginians will be a top priority for Virginia’s Senate in the upcoming General Assembly Session,” Saslaw stated in a tweet. “It’s long past time to end anti-LGBTQ discrimination in employment, housing, and public spaces.”

A CNS reporter reached out to a third of the Republican senators who voted against the 2019 bill to gauge their thoughts on SB 868, but none responded. Equality Virginia recently reported that 2018 and 2019 surveys found a majority of Virginia Republicans support passing protective legislation. In 2019, 63 percent said they would support protection from discrimination in employment, while 53 percent — a slight decrease from 55 percent in 2018 — said they would support protection in housing.

When Parrish was asked what he would say to opposing legislators, he advised to listen to the facts: a multitude of polls show that the majority of Virginians support protecting LGBTQ individuals from discrimination. 

“LGBTQ people live in every district in this state, so elected leaders should be looking out for all citizens,” Parrish said.

Written by Emma Gauthier, Capital News Service. Top Photo: A rainbow flag was raised on Sept. 23 along with a trans flag and the Philly Pride Flag for Richmond Pride. (Photos from City of Richmond Flickr account)

Virginia’s Legal Landscape Shifts As Support For Cannabis Grows

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With cannabis decriminalization, cultivation, and legalization at the forefront of political conversations in Virginia, farmers and legislators are grappling with a changing legal and cultural landscape.

“We do grams, eighths, quarters, half ounces, pounds, wholesale pounds — however you want it,” Jacob Stretch said, standing between crates of dried hemp in his living room that doubles as his hemp processing and drying facility. Stretch, owner of Chesapeake Blue, just finished his first season growing industrial hemp as a registered grower and processor on his family’s farm.

Industrial hemp is poised to be a fast growing sector of agriculture in Virginia. Hemp advocacy group Vote Hemp estimates 2017 retail sales of hemp products neared $820 million nationally and will continue to grow. 

Hemp is a versatile material that can be used in foods and beverages, personal care products, nutritional supplements, fabrics and textiles, paper, construction materials and other manufactured goods, according to a report from the Congressional Research Service.

In an October press release, Gov. Ralph Northam announced Virginia’s first commercial industrial hemp fiber processing facility. Appalachian Biomass Processing, in Wytheville, will create 13 new jobs and purchase more than 6,000 tons of Virginia-grown industrial hemp over the next three years, at a value of more than $1 million, the governor stated.

“I am committed to pursuing every path that will attract economic prosperity to our rural communities, and hemp production opens up a wealth of opportunity to bring new jobs and new business to Virginia,” Northam wrote.

The processor will mainly create hemp hurd, a woody fiber extracted from the plant stalk to be used for animal bedding. Hurd can also be used to make industrial items such as hemp-based concrete and hemp-derived plastics.

In 2018, when hemp could only be grown for research purposes in Virginia, there were 135 acres of hemp planted and about 85 registered growers, according to Erin Williams, senior policy analyst with the Virginia Department of Agriculture and Consumer Services. As of Nov. 15, VDACS had registered 1,183 industrial hemp growers, 262 processors and 117 dealers, Williams said. Nearly 2,200 acres of hemp were planted in Virginia this year. The economic impact of industrial hemp in the state has yet to be determined, Williams said. The harvest season has just finished and crops are being sold to processors. 

“So we should know soon what this past growing season’s impact will be,” Williams said. “We’re going to conduct a grower survey towards the end of the year and hopefully have some data at the beginning of next year.”

When the 2018 federal Farm Bill went into effect, industrial hemp was listed as an agricultural commodity and removed as a controlled substance under the Controlled Substances Act. It is now placed under United States Department of Agriculture regulation. The bill also allowed state agriculture departments to submit plans for the regulation of hemp cultivation to the USDA. 

Jacob Stretch showing his industrial hemp leaves in storage after being dried. Field Station Farm. Friday, Nov. 22, 2019. (CNS photo by Morgan Edwards)

VDACS expects to submit its state hemp production plan to the USDA before the end of the year, according to its website. It is likely there will not be major issues with the plan, according to Tyson Daniel, a trial lawyer and founder of Virginia Hemp Lawyers, a law firm specializing in the hemp and cannabis business.

On the VDACS website, there is a list of applications and guidelines for the industrial hemp grower registration, industrial hemp processor registration, and industrial hemp dealer registration. Each registration costs $50 annually, and one person can have all three registrations.

“It will be interesting to see if it stays at that rate,” Daniel said. “Compared to some other states, it is a very reasonable rate.”

An industrial hemp grower registration in Maryland costs $250. In North Carolina there is a $250 initial fee with an annual fee of $250 for less than 50 acres or $500 for more than 50 acres. Additionally, growers must pay $2 per acre of hemp or $2 per 1,000 square feet in a greenhouse of hemp.

Stretch, who is also a registered processor, said he was approved for his grower registration in around 40 days. Jacob Williamson, owner of Hens and Hemp, said he is registered as a grower and is on his way to becoming a registered processor. Williamson said having both permits is worthwhile because of their low cost and the extra level of protection it provides — since growing and then drying, trimming, and packing hemp could be considered processing. Williamson, like many other small farmers, mainly grows hemp to be sold as CBD products. 

Jacob Stretch smoking his CBD flower. Friday, Nov. 22, 2019. (CNS photo by Morgan Edwards)

Defining the difference between hemp, marijuana, and CBD

In its infancy, the Virginia hemp industry is not without issues — namely in defining the difference between legal industrial hemp and illegal marijuana. There is also general confusion surrounding hemp and hemp products derived from the cannabis plant, namely CBD. CBD is considered non-intoxicating and touted to have multiple medical benefits. It is sold in a variety of ingestible and topical products, and also in flower form that looks identical to marijuana. 

Daniel explained the distinction between legal cannabis derived products and marijuana.

“If you are going to draw a diagram, put cannabis at the top, hemp on one side, marijuana on the other,” Daniel said. “They are both the cannabis plant, it’s just the level of Delta-9 that is different.” Delta-9 is the THC molecule associated with intoxication or “getting high.” It is commonly referred to as THC instead of Delta-9 THC.

The non psychoactive version of THC is THC-A; it does not produce a high. The molecule is considered the precursor to THC, and once heat is applied THC-A is converted into THC, say through the use of a vaporizer. 

The combined amount of THC-A and THC present in hemp is referred to as total, whole, or max THC.

Legally, when hemp reaches a THC concentration of more than 0.3 percent on a dry weight basis, it is classified as marijuana. According to the VDACS industrial hemp registration guide, anything grown above the 0.3 percent limit will be destroyed, in accordance with Virginia code.

Growers contest how the hemp is tested to determine that 0.3 percent, and its validity as an indicator of whether or not hemp has crossed into being marijuana. Daniel said the biggest issue right now has to do with testing; whether it is strictly THC or combined THC and THC-A.

The mother cannabis plant Jacob Williamson got his industrial hemp clones from during his first growing season. Hens and Hemp. Wednesday, Nov. 27, 2019. (CNS Photo by Morgan Edwards)

Williamson said one passage of the USDA guidelines sounds like it’s talking about THC, and another passage says whole THC, which would include both.

“That’s why everyone freaked out about the USDA guidelines,” he said. “All the sudden it was total THC that was 0.3 percent.”

CEO and founder of East Coast Cannalytics Rebecca Hobden said the VDACS testing method for appropriate levels is to heat up the hemp. It then goes through a heating process which converts THC-A into THC. So if a crop has combined THC-A and THC, the testing process will increase the actual THC, potentially raising it over the acceptable levels allowed.

Williamson harvested his hemp plants at 13 percent CBD and 0.1 percent THC. “I probably pulled them a little early because I was nervous, but that’s fine — 13 percent is plenty,” he said. 

Hobden explained that as THC levels increase in a plant, CBD levels increase. She said farmers will try to get as close to the allowed 0.3 percent THC limit as they can to raise CBD levels. Hobden said hemp with CBD levels closer to 20 percent is more desirable for farmers, as it has a higher market value. 

Stretch said the 0.3 percent limit is arbitrary and could be a colossal loss for farmers.

“The number 0.3 percent was put on there by who, you know? Who decided 0.3 percent was the right number?”

“I’ve heard more experienced growers talk about how it can creep up in the flower period, and then at a certain point, it will go back down,” Stretch said. “So if you harvested at the wrong time, you run a higher risk of being hot.” 

Jacob Williamson showing the mother cannabis plant he got his industrial hemp clones from during his first growing season. Hens and Hemp. Wednesday, Nov. 27, 2019. (CNS Photo by Morgan Edwards)

The limit needs to be raised from 0.3 percent, according to Rebecca Caffrey, founder and chief scientific officer of Delta-9 Scientific, a cannabis testing lab based outside of Richmond.

“There’s no functional difference between something that’s 0.3 percent THC and something that’s 1 percent THC,” she said. “Neither one of them is going to get you high, no matter how hard you try.”

Caffrey said she has tested thousands of hemp samples for “honest” farmers. “They are spending beaucoup money on hemp seeds and hemp clones, and you know, then it comes back and it’s like 0.57 percent [THC],” she said. Caffrey believes farmers should not be penalized for that.

Williamson said he didn’t think VDACS tested many hemp farmers to see if their hemp was “hot,” meaning above the 0.3 percent limit.

“I guess they originally wrote the law because they thought people were going to pretend to grow hemp and then grow real bud … I thought there would be more of that, but I don’t see anybody doing that,” he said. 

VDACS used random testing to track THC levels. Hobden and Caffrey believe VDACS did not test many farmers. 

“I was in a meeting of probably about 40 farmers and asked how many people actually got tested, and one person raised their hand,” Hobden said. 

Jacob Williamson’ hens and the source of his compost. Hens and Hemp. Wednesday, Nov. 27, 2019. (CNS Photo by Morgan Edwards)

Hemp and CBD products in the marketplace

The General Assembly this year approved a bill that allows CBD and THC oil with up to 10 milligrams of THC to be legally sold, with a doctor’s recommendation, through an approved state pharmacy. THC above 0.3 percent is federally illegal and CBD of any level is legal. 

However, the Food and Drug Administration does not allow CBD to be marketed as a dietary supplement, or to be advertised as having medical benefits. The FDA has only approved one CBD product, for epilepsy. The agency recently issued a consumer update, noting that “there are many unanswered questions about the science, safety, and quality of products containing CBD.”

Mike Betts, owner of the online hemp and CBD store Red Beard Alternatives, believes CBD offers relief from anxiety, depression, and symptoms of post-traumatic stress disorder.

Betts is a retired Marine Corps veteran who for years battled to treat physical and mental wounds sustained while serving. Betts said he turned to hemp and CBD after finding no relief in prescribed medications and self-medicating. He uses hemp products and grows his own hemp plants as a form of therapy in itself. He said nurturing them from a tiny seed has given him something to look forward to, and it is something he wants to share with fellow veterans.

Rebecca Caffrey demonstrating the “espresso” like consistency she gets industrial hemp to before testing. Delta9 Scientific. Tuesday, Nov. 26, 2019. (CNS photo by Morgan Edwards)

 He said the purpose of Red Beard Alternatives is to provide veterans access to alternative forms of therapy; the proceeds from his online market help fund alternative therapies for veterans. 

“Whether we give them a greenhouse or a gym membership… in order to fund that mission, we’ve created an online farmers market where other hemp farmers can showcase their products and sell them to consumers,” Betts said.

However, he said is not allowed to advertise his products due to legal restrictions and a wariness from various social media sites in advertising products that closely resemble marijuana. He said many consumers are unfamiliar with hemp, and often confuse it with marijuana. Betts sees the next step in expanding his business centered on product education.

Alongside growers Williamson and Stretch, Betts hopes to see more defined regulations and loosened restrictions for growing and selling hemp and CBD products. Daniel said the easiest and fastest way for this to be accomplished would be through legislation in the General Assembly. 

Rebecca Caffrey holding an industrial hemp sample in the middle of the testing process. Delta9 Scientific. Tuesday, Nov. 26, 2019. (CNS photo by Morgan Edwards)

Legal landscape rapidly shifting as cannabis support grows 

Del. Steve Heretick, D-Portsmouth, said he has encountered a groundswell of support for changing state law.

“Over 80 percent of all Virginians, regardless of political stripe, advocate or support the decriminalization of simple possession,” Heretick said. “You can’t get 80 percent of the people in Virginia to agree on anything, but they agree on that much.”

The statistic Heretick quoted refers to a September University of Mary Washington study. The poll noted that 80 percent of Virginians 25 and under support legalization, not all Virginians. However, 61 percent of all Virginians are in favor of legalization, according to the poll.

Heretick said he plans to form a “cannabis caucus” — the second state caucus of its kind in the country — “to put all of the stakeholders at the same table.” He believes the caucus will foster productive conversations on how to move the hemp industry forward and how to eventually legalize adult marijuana use in the state.

“I think in creating the cannabis caucus, we’re trying to create an organization that we can invite all the stakeholders to participate in,” Heretick said. “Not only members of the legislature, but members of the farming community, the community that would do distribution advertising and dispensing.”

A variety of industrial hemp samples in the middle of the testing process. Delta9 Scientific. Tuesday, Nov. 26, 2019. (CNS photo by Morgan Edwards)

Heretick sees decriminalization of simple possession as the first step on the journey to legalization and is confident that the General Assembly will pass Senate Bill 2 or a similar bill on the issue in 2020. SB2 specifically calls for the decriminalization of simple possession of marijuana, turning the offense into a civil penalty with a fine of no more than $50 attached. Heretick said he and his colleagues want to make sure that legalization in Virginia is thoughtfully enacted.

“I really don’t think that legislatively we’re doing anybody any favors by legalizing marijuana and then having nothing in place to do that effectively,” Heretick said. “We’re trying to avoid the obvious problems that have plagued other states that have beat us to the punch in terms of legalization.”

Daniel explained the differences between decriminalization and full legalization. He said the short answer is that decriminalization means it is no longer being prosecuted.

What separates decriminalization from legalization is that legalization provides a mechanism for marijuana to be brought to market, according to Daniel. “But we haven’t set up a mechanism for it to go to retail sale,” Daniel said. Regardless, he believes people would work around this.

The gifting system in Washington D.C. is an example of creative solutions when marijuana is legalized, but no system is established to regulate the buying and selling of it. People can purchase a shirt, sticker, or even cookies, all of which come with a free gift of marijuana. 

“This is a civics lesson,” Daniel said. “We don’t need permission in our country to do something. We act under the premise that unless it’s prohibited specifically by law, then we can do what we want to do.”

A display of the products sold on the Richmond based online farmers market, Red Beard Alternatives. Sunday, Dec. 1, 2019. (CNS Photo by Morgan Edwards)

Hemp Becoming Less of a Partisan Issue

“I don’t think that it’s so much a partisan issue,” Daniel said. “Frankly, I think both sides of the aisle see it as an enormous revenue producer and a gigantic cost saver, in terms of the amount of money that’s spent on the prosecution and enforcement of marijuana laws.”

Virginia Attorney General Mark Herring expressed his support for decriminalizing cannabis in an op-ed for the Daily Press in June, writing that criminalizing minor marijuana possession has major “human and social costs,” which disproportionately affect minorities and people of color.

“That is why Virginia should decriminalize possession of small amounts of marijuana, address past convictions, and start moving toward legal and regulated adult use,” Herring wrote.

In a November interview with Capital News Service, Herring said that while he acknowledges the economic benefits of legalization, he is more concerned about the criminal justice aspects of the state ban on legal marijuana. 

“Virginia is moving in the wrong direction,” Herring said. “We have 29,500 Virginians who were arrested for marijuana possession in 2017. That is a huge number, and it is not working.”

CNS Reporter Jeff Raines interviewing employees of Kultivate Wellness. Kultivate Wellness. Wednesday, Nov. 27, 2019. (CNS Photo by Morgan Edwards)

Herring stated in his op-ed that citizens arrested for marijuana possession could “still be stuck with a criminal record, lose their job, student aid, certain public benefits including housing assistance, and it can even affect custody rights.”

Jenn Michelle Pedini, executive director for the nonprofit Virginia National Organization for the Reform of Marijuana Laws, said the 2020 General Assembly session could be incredibly consequential for the future of the cannabis industry in the commonwealth and feels that “several very historic” bills could be passed.

NORML has worked since the 1970s to legalize non-medical marijuana in the U.S. and advocates for responsible, adult cannabis use without penalty.

“Last year, we became the fourth state in the nation to allow school medical professionals to administer medical cannabis to registered kids,” Pedini. “We really are doing big things in Virginia — it just largely goes unnoticed.”

Back on the farming side, Williamson and Stretch are finishing what they consider to be a successful first harvest. This winter will be used to strategize how they can improve their operations and accommodate more plants. Williamson said that smaller farmers like themselves are working cooperatively to purchase wholesale seeds and streamline operations. Williams said VDACS expects Virginia hemp to grow in acreage as growers ramp up their operations in the spring. 

Written by Jeff Raines and Morgan Edwards, Capital News Service. Christopher Brown contributed to this report. Top Photo: Jacob Stretch showing his industrial hemp flower. Field Station Farm. Friday, Nov. 22, 2019. (CNS photo by Morgan Edwards)