wi-state-appeal.pdf (250.1 KB)
syrrakos-appeal.pdf (694.4 KB)
Appeal briefs in Chris Syrrakos’ criminal case from WI, one of the earliest hot d8 cases still going through the courts
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VA ban upheld
This decision should have a large impact on the various other hemp litigations across the country because they are all based on nearly identical preemption arguments which the 4th circuit unequivocally disagreed with.
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Can you summarize this and dumb it down for me would really appreciate it thank you.
The United States Court of Appeals upheld Virginia’s ban on Delta-8 THC products based on several key points:
Health and Safety Concerns: Virginia lawmakers introduced stricter regulations under Senate Bill 903 (S.B. 903) due to reports of psychoactive effects from products containing Delta-8 THC, including adverse events involving children. This was supported by federal warnings highlighting risks associated with such products, even though they comply with federal limits on Delta-9 THC.
State Sovereignty: The court recognized that states have the constitutional authority to regulate matters of public health and safety. Virginia’s regulations, including a total THC limit (covering all forms of THC, not just Delta-9), were deemed a legitimate exercise of this power.
Federal Preemption Rejected: The plaintiffs argued that Virginia’s law was preempted by the 2018 Farm Bill, which legalized hemp with Delta-9 THC concentrations below 0.3%. However, the court found no express or implied preemption, emphasizing that the Farm Bill allows states to enact stricter regulations on hemp production and sale.
Dormant Commerce Clause: The plaintiffs also contended that Virginia’s law improperly restricted interstate commerce. The court rejected this argument, concluding that S.B. 903 applies equally to all hemp products sold in Virginia, regardless of origin, and does not unjustifiably burden interstate commerce.
Standing and Legal Challenges: Some plaintiffs lacked standing to challenge parts of the law, as they could not demonstrate direct injury from the provisions. The court affirmed the validity of Virginia’s total THC standard while remanding claims related to processors for procedural reasons.
Overall, the court upheld Virginia’s regulations, emphasizing the state’s right to address public health concerns and regulate psychoactive products beyond the federal baseline.
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Not great could cause avalanche. How you gonna bring a lawsuit without standing all the way to the 4th circuit though.
the Allen, TX THCa hemp one could shut that down as soon as the motions to dismiss are ruled on, that’s probably the biggest one to watch right now in my non-professional, non-lawyer opinion
4:24-cv-00944 Eastern District of TX
HEMPINDUSTRY LEADERS OF TEXAS, SABHIE KHAN v. City of Allen, Allen PD, DEA et al
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Don’t forget hemp has won 3 federal law suits, including one in 4th circuit.
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The place to watch are the other actions in federal appellate courts. There’s an appeal on identical preemption issues in the 8th circuit, 10th circuit and 3rd circuit. Arkansas already filed a letter in the 8th circuit informing the court about this recent 4th circuit decision.
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AR wants nothing more than to get weed out of gas stations.