1. A. Any person who manufactures, sells, or offers for sale an industrial hemp extract or food containing an industrial hemp extract shall be subject to the requirements of this chapter and regulations adopted pursuant to this chapter.
2. B. Any person who (i) manufactures, sells, or offers for sale an industrial hemp extract or food containing an industrial hemp extract without first obtaining a permit to do so from the Commissioner pursuant to § 3.2-5100, unless exempt from a permit pursuant to subdivision C 6 of § 3.2-5130; (ii) continues to manufacture, sell, or offer for sale an industrial hemp extract or food containing an industrial hemp extract after revocation or suspension of such permit; (iii) fails to disclose on a form prescribed by the Commissioner that he intends to manufacture, sell, or offer for sale a substance intended to be consumed orally that contains an industrial hemp-derived cannabinoid; (iv) sells or offers for sale at retail a food that (a) contains a total tetrahydrocannabinol concentration that is greater than 0.3 percent or (b) contains more than two milligrams of total tetrahydrocannabinol per package and does not contain an amount of cannabidiol that is at least 25 times greater than the amount of total tetrahydrocannabinol per package; (v) manufactures, offers for sale, or sells in violation of this chapter or a regulation adopted pursuant to this chapter a substance intended to be consumed orally that is advertised or labeled as containing an industrial hemp-derived cannabinoid; or (vi) otherwise violates any provision of this chapter or a regulation adopted pursuant to this chapter, in addition to any other penalties provided, is subject to a civil penalty not to exceed $10,000 for each day a violation occurs. Such penalty shall be collected by the Commissioner and the proceeds shall be payable to the State Treasurer for remittance to the Department.
3. C. Any person who (i) manufactures, sells, or offers for sale an industrial hemp extract or food containing an industrial hemp extract without first obtaining a permit to do so from the Commissioner pursuant to § 3.2-5100, unless exempt from a permit pursuant to subdivision C 6 of § 3.2-5130; (ii) continues to manufacture, sell, or offer for sale an industrial hemp extract or food containing an industrial hemp extract after revocation or suspension of such permit; (iii) fails to disclose on a form prescribed by the Commissioner that he intends to manufacture, sell, or offer for sale a substance intended to be consumed orally that contains an industrial hemp-derived cannabinoid; (iv) manufactures, offers for sale, or sells in violation of this chapter or a regulation adopted pursuant to this chapter a substance intended to be consumed orally that is advertised or labeled as containing an industrial hemp-derived cannabinoid; or (v) otherwise violates any provision of this chapter or a regulation adopted pursuant to this chapter, in addition to any other penalties provided, is guilty of a Class 1 misdemeanor. Each day in which a violation occurs shall constitute a separate offense.
4. D. Notwithstanding any other provision of this section, prior to assessing a civil penalty for a first violation of § 3.2-5145.4:1 related solely to labeling, packaging, batch coding, ingredient declaration, manufacturer identification, or any other labeling requirements that are not related to potency or the tetrahydrocannabinol concentration of the industrial hemp extract or food containing an industrial hemp extract, the Commissioner shall issue a written notice of the violation and provide the person not fewer than 15 business days to correct such violation. If the violation is corrected within the prescribed cure period and the industrial hemp extract or food containing an industrial hemp extract does not exceed the tetrahydrocannabinol concentration limits established in clause (iv) of subsection B, no civil penalty shall be assessed for such first violation.
5. E. Notwithstanding any other provision of this section, for a violation of § 3.2-5145.4:1 related solely to labeling or packaging controlled by the manufacturer of an industrial hemp extract or food containing an industrial hemp extract, the Commissioner shall provide written notice to the manufacturer of record of such violation and shall not assess a civil penalty against a person who sells or offers for sale such industrial hemp extract or food containing an industrial hemp extract alleged to be in violation for a first violation unless such person has actual knowledge of the violation and continues to sell such product or offer such product for sale after receiving written notice from the Commissioner.
6. F. For any violations that are technical in nature and do not involve an industrial hemp extract or food containing an industrial hemp extract that (i) exceeds the total tetrahydrocannabinol concentration limit (ii) exceeds the two milligram tetrahydrocannabinol per package limit; or (iii) does not have the required child-resistant packaging, civil penalties shall not be assessed on the basis of individual items contained within a package or the number of identical packages of the same product, but may be assessed per package for different products or per inspection event.
7. G. The Commissioner may, in accordance with the Administrative Process Act (§ 2.2-4000 et seq.), deny, suspend, or revoke a permit issued pursuant to § 3.2-5100 if the permitted entity is found to have violated subdivision A 69, 70, 71, 72, 73, or 74 of § 59.1-200 by a court of competent jurisdiction.
8. H. This section shall not apply to products that are (i) approved for marketing by the U.S. Food and Drug Administration and scheduled in the Drug Control Act (§ 54.1-3400 et seq.) or (ii) dispensed pursuant to Article 4.2 (§ 54.1-3442.5 et seq.) of Chapter 34 of Title 54.1.

2022, Sp. Sess. I, c. 2; 2023, cc. 744, 794; 2026, c. 1016.