Lawyer Dan McKillop, Esq.
Has posted the following on Linked In
STATE AND INTERSTATE HEMP UPDATE
In North Virginia Hemp and Agriculture, LLC et al v. Commonwealth of Virginia, et al., plaintiffs sued to challenge a Virginia law establishing a total THC standard more restrictive than the limit set forth in the 2018 Farm Bill and restricting interstate hemp trade, arguing that the Farm Bill preempts state law on this point and that the Virginia law violates the Dormant Commerce Clause of the United States Constitution. Plaintiffs moved for a preliminary injunction barring enforcement of the law but were denied by the district court, and Plaintiffs then appealed to the 4th Circuit Court of Appeals.
Yesterday the 4th Circuit held, in part: “Under federalism principles engineered into the Constitution, states retain the power to regulate “matters of health and safety” [ ]. That power permits Virginia, as a separate sovereign, to enact legislation addressing psychoactive products affecting its citizens, including children. While the Supremacy Clause limits what a state can do, the plaintiffs have not shown that federal law preempts Virginia’s total THC standard, either expressly or implicitly. Nor do they show that the total THC standard violates the Dormant Commerce Clause. So, for the reasons explained below, we affirm that part of the district court’s order.”
The 3d Circuit is considering a very similar situation and set of arguments in Loki Brands LLC, et al v. Attorney General New Jersey, et al., a case related to “intoxicating hemp product” legislation recently enacted in New Jersey. Plaintiffs’/Appellants’ initial briefing is due by January 21. Stay tuned.
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