Virginia businesses sue to block new THC regulations set to take effect this month

August 7, 2026 - 01:20

A group of Virginia business owners has filed a lawsuit to stop new state regulations on hemp products that are scheduled to kick in later this month. The rules, which take effect on August 16, would limit THC content in any single package to no more than 2 milligrams. That is a sharp drop from current limits, which allow up to 2 milligrams per serving, meaning a standard multi-serving package could hold far more.

Supporters of the change argue it is a public safety measure. They say the lower cap will keep potent products, especially edibles and drinks, out of the hands of children and reduce accidental overdoses. They also point to a rise in emergency room visits linked to high-dose hemp items.

But the lawsuit, filed by several independent shops and small distributors, claims the new rule is effectively a ban on most legal hemp products. Store owners say they would have to pull nearly all their inventory, including gummies, tinctures, and seltzers, because almost nothing on their shelves meets the new limit. For many, that means losing most of their revenue overnight.

The business owners argue the state did not follow proper rulemaking procedures and that the cap is arbitrary. They also say it unfairly targets small retailers while larger companies might find ways to adapt. They are asking a judge to block the rule before the August 16 deadline.

For now, the situation is uncertain. If the court does not step in, shops across Virginia will have to clear out their shelves within days. Some owners say they are considering closing for good. Others are hoping for a last minute ruling in their favor. The legal fight is moving quickly, but time is running short.