Illegal THC-infused seltzers are available in Virginia

The big picture: The hemp-derived drinks are popping up at Richmond-area festivals and stores, and — in some cases — can be ordered online and delivered straight to your home.

• To pass the legality test, the amount of THC can't exceed two milligrams unless it has 25 times as much CBD as THC, per a state law updated last year.

Zoom in: Some, like the Buzzin' Berry at The Camel on West Broad Street, meet that threshold because they have 2 milligrams THC.

• Similar ones are legal as long as they comply with laws and regulations, confirmed Mike Wallace, spokesperson for the Virginia Department of Agriculture and Consumer Services (VDACS), the agency overseeing hemp product enforcement.

Yes, but: Others, like Hemp House Wellness, Wynk, and Melo, have had THC-infused seltzers online with 5 milligrams of THC and either equal parts CBD, not enough CBD to meet the legal ratio, or no CBD at all.

• Melo will block you from shipping to a Richmond address via its site, per tests from Axios reporters. Hemp House and WYNK allowed it last week before an inquiry from Axios led them to remove the seltzers.
• Shortly after these tests, Axios reporters got Instagram ads featuring more THC-infused drink options — usually marketed as an alcohol alternative — that are illegal by Virginia standards but can be ordered to Virginia addresses.
• One included a strawberry margarita spritz with a 10:2 THC-to-CBD ratio.

The intrigue: The only requirement to getting them is clicking a button that says you're over 21 years old.

What they're saying: All of the products above "are not compliant with Virginia law," says Wallace from VDACS.

• "Many of the intoxicating hemp products that are sold online likely meet the definition of marijuana under Virginia law," which is illegal statewide, Wallace adds.

What's happening: JM Pedini, the executive director of Virginia's chapter of the National Organization for the Reform of Marijuana Laws, tells Axios enforcement is tricky.

• It'd fall under VDACS or local police, but that can depend on someone flagging those agencies.

• While Virginia has strict regulations for medical cannabis, those same restrictions don't apply to hemp-derived products, Pedini said.
• Without similar regulations, intoxicating hemp products can pose health risks to consumers.

Between the lines: Not all businesses are setting out to break the law, Pedini adds.

• Some could be confused by Virginia's changing laws and how a 2018 federal law legalized hemp, or cannabis with less than 0.3% THC, and think they're complying.

By the numbers: Between July 2023 and June 30 of this year, VDACS found that 82% of Virginia retailers inspected for hemp products were violating state law.

• Wallace tells Axios that retail sales enforcement have focused on hemp-selling businesses with a physical presence in Virginia, and many have online sales.

What we're watching: Greater oversight of hemp-derived products could get brought up again in next year's General Assembly session.

Go deeper: How Minnesota's THC beverage market moved beyond seltzers

Editor's note: This story has been updated with additional statements from VDACS and to show WYNK no longer allows shipping to Virginia