Category Archives: Agriculture & forestry

Delta – 8 THC and the Government’s Marijuana Plans Go “Up in Smoke”

Is cannabis legal in Virginia? Most followers of this blog are aware of the recent legislative efforts in Virginia to decriminalize and then legalize the possession of intoxicating marijuana by adults. Most followers of this blog believe that Virginia is presently in a twilight world where recreational possession of intoxicating marijuana is legal while the sale of such marijuana is illegal. Most followers of this blog are wrong.

The 2018 Farm Bill legalized the production and sale of hemp based products so long as those products contained almost no delta-9-tetrahydrocannabinol. Delta-9-tetrahydrocannabinol is the compound in THC that (usually) gets people high.  Unfortunately for the federal legislation there is no prohibition on delta-8-tetrahydrocannabinol. Delta-8 as it’s called has a mild intoxicating effect. The apparent assumption in the 2018 Farm Bill was that Delta-8 was not a problem in the quantities found in non-intoxicating hemp products. Then along came the free market. Legal hemp products are being used to extract Delta-8 in quantities and potencies easily sufficient to intoxicate a person consuming the substance. Intoxicating marijuana products based on Delta-8 are publicly and legally on sale across the country including in Virginia. So, the sale of intoxicating marijuana products is currently legal in Virginia.

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Agriculture in Great Falls?

Youngkin stables
Photo credit: Fairfax County Planning Commission

by Dick Hall-Sizemore

Well, it seems as if rich folks in leftist-leaning Albemarle are not the only rich folks availing themselves of real estate tax breaks. The Richmond Times-Dispatch reports today that Glenn Youngkin and his wife have saved 95% of their real estate taxes on their horse “farm” in Great Falls, the posh area of Fairfax County.

Rather than get conservation easements, which often are perpetual, the Youngkins got their property designated as an “agricultural district” by Fairfax County. Such designation lowered the real estate taxes on the property by 95%, saving them over $150,000 over the last two years. One of the conditions for the designation is that the Youngkins agreed not to develop the property for eight years. Continue reading

From Farming Corn to Electrons

Dominion solar farm. Photo credit: Dominion.

By Dick Hall-Sizemore

In light of recent denials by local governing bodies, there has been some skepticism expressed on this blog as to whether the Commonwealth could meet its goals on solar energy. Going against recent trends, however, has been the city of Chesapeake.

According to the Virginian-Pilot, the city council recently approved an application to build a 900-acre solar farm. This most recent approval about doubles the size of three previously-approved projects. It is estimated the project will cost $100 million. The company anticipates generating 118 megawatts, enough to power about 20,000 homes.

The land involved is now prime farmland. An interesting aspect of this project is that is an amalgamation of acreage from multiple owners. Continue reading

Trees and the Chesapeake Bay

by Dick Hall-Sizemore

There was a scuffle on this blog a few days ago over the production of more hardwood seedlings by the Department of Forestry. There were some who questioned the efficacy of planting more trees in the attempt to mitigate climate change. Others questioned why the state should be subsidizing the production of seedlings in the first place.

Being an ardent fan of trees, I was intrigued, and I contacted the Department of Forestry to get some more background on the program. After getting the agency’s answers to my questions, I realized there is a bigger issue at play.

The bigger issue is the protection and restoration of the Chesapeake Bay. The health of the Bay is affected by point source pollution and nonpoint source pollution. We have been able to deal fairly effectively with point source pollution, such as the discharges from wastewater treatment plants. Nonpoint source pollution is much trickier. Agricultural runoff and erosion constitute a large portion of the nonpoint source pollution affecting the Bay. Continue reading

Should Northern Virginia Join D.C. in the 51st State?

State flag of New Columbia (including NoVa)?

By Don Rippert

Taxation without representation. The Democratic Party’s control of Congress and the White House has reopened the question of statehood for Washington, DC. This is not a new issue. The question of statehood for D.C. has been actively debated since 1980. Since the 98th Congress, more than a dozen statehood bills have been introduced. Two made it out of committee. The closest any bill came to success was a 1993 effort that was defeated 277 to 193 in the US House of Representatives. Support for D.C. statehood lies almost entirely along party lines with Democrats favoring statehood since it would yield two U.S. Senators and one Representative — all of whom would almost certainly be liberal Democrats. Republican opposition has been insurmountable over the years. Maybe a major repackaging of the idea of statehood for D.C. could break the logjam. Continue reading

An Old Use of Solar Power

By Dick Hall-Sizemore

Greenhouses have been used since the time of the Roman Empire. A couple of Virginia Beach entrepreneurs are planning to use this old technology to harness the sun’s energy in a big way.

Their company, Sunny Farms, plans to invest $60 million to build hydroponic greenhouses on more than 30 acres, about 25 football fields, over three years. It would be one of the largest greenhouse facilities on the East Coast. The goal is to produce fresh vegetables for the big box chain stores in Hampton Roads, as well as for military commissaries. In its first year of operation, the company projects it will grow 10 million plants. Continue reading

Only You Can Prevent Mega Fires

Controlled fire on Summers Mountain in Highland County. Photo credit: Virginia Mercury

by James A. Bacon

Virginia’s environmentalists seem determined to out-California California when it comes to fighting global warming and pushing for a zero-carbon economy. But they do seem unlikely to repeat the colossal error that has made the Golden State a cauldron of forest fire infernos. Rather than let understory vegetation grow out of control, Virginia foresters have been practicing “controlled burning” — a practice that is written about approvingly in The Virginia Mercury, which reflects the thinking of the bien pensants in Virginia’s environmental community.

Virginia has many advantages over California when it comes to combating forest fires. We get more rain, and we have fewer and shallower droughts. But our biggest advantage may be that our environmentalists are not insane. Excessively fixated upon climate change, perhaps, but not totally disconnected from reality. Continue reading

Ralph Rescues Reefer

By Don Rippert

Warm up the bongs. Adults in Virginia will be able to legally possess up to an ounce of marijuana for recreational use starting July 1. The bill originally passed by the General Assembly would have delayed that date until July 1, 2024. However, Governor Ralph Northam amended the bill and, after some haggling, the General Assembly accepted the amended bill. Unsurprisingly, the bill that ultimately passed got more than a little frayed in the back and forth between the General Assembly and the Governor. Continue reading

Podcast: How the General Assembly Has Changed

By Peter Galuszka

I haven’t contributed much to BR lately since I am slammed with non-Virginia work. I did manage to help out on a Podcast about how the General Assembly has changed the state over the last two years as Democrats have gained power.

This Podcast is produced by WTJU, the University of Virginia radio station. I do a weekly talk show on state politics and economics and, on occasion, work on Podcasts.

Joining me is Sally Hudson, a delegate from the Charlottesville area. She is Assistant Professor of Public Policy, Education and Economics. Sally studied at the Massachusetts Institute of Technology and Stanford and is one of the youngest members of the General Assembly.

I hope you enjoy it.

Northam Proposes Legal Marijuana in Va Within Two Years

by DJ Rippert

Ralph Reefer. On Wednesday the Northam Administration unveiled legislation to legalize recreational use of marijuana in Virginia. The legislation will be introduced by House Majority Leader Charniele Herring, D-Alexandria, and Senate President Pro Tempore Louise Lucas, D-Portsmouth. Sen. Adam Ebbin, D-Alexandria, and Del. Don Scott Jr., D-Portsmouth. Northam took up the cause of legalizing marijuana last November citing both racial equity and financial issues. Sale of legal marijuana would start by Jan 1, 2023, under the Northam plan. Continue reading

Employer COVID Mandates Might Outlive Pandemic

by Steve Haner

Virginia’s emergency temporary workplace standards on COVID-19 are one step closer to becoming permanent, over the continuing loud objections from employers that they are duplicative, expensive, and not making anybody any safer than existing health and safety protections already do.

UPDATE:  The text of the final permanent standard approved Wednesday was finally posted publicly Jan. 15.    Continue reading

Recreational Marijuana Soon to Be De-Facto Legal in Northern Virginia

Photo credit: Rip Dog Photography

by DJ Rippert

Elections have consequences. The recent presidential election along with the Georgia run-off election has secured Democratic control of Congress with no serious risk of presidential veto. Meanwhile, Washington, D.C., has tried for years to establish a recreational marijuana marketplace only to be thwarted by Republicans in Congress. Finally, in the 2020 session Virginia’s General Assembly passed legislation that made the possession of small amounts of marijuana punishable by a fine so low that it could hardly be compared to a parking ticket ($25). This combination of events will soon have Northern Virginians buying marijuana in D.C. and bringing the weed back to the Old Dominion to consume. D.C. will profit while Virginia gets nothing. Continue reading

A Capitalist Solution to Food Deserts

Militant agriculture

by James A. Bacon

Yesterday, channeling the spirit of Nassim Nicholas Taleb, I asked what a young person should do if he or she wanted to make the world a better place. Broadly speaking, there are three approaches. One is activism in which people who, informed by a desire to improve the lives of those less fortunate than themselves, lobby for reformist government policies and create philanthropic programs to address perceived needs. Another is militancy. Convinced that the entire system is corrupt, militants waste little time ameliorating the condition of individuals but seek to overthrow the established order. A third approach is capitalism, in which entrepreneurs find creative ways to meet previously unmet needs.

Activist agriculture

We need more entrepreneurs.

If Virginia has an affordable housing crisis, we can’t solve the problem in the long run by passing eviction laws or enacting more government-subsidized housing programs. We need entrepreneurs who can find innovative ways to create lower-cost housing. If lower-income Virginians are afflicted by payday lenders charging high fees and interest rates, we can’t address the credit needs of the poor by legislating payday lenders out of existence. We need entrepreneurs who find innovative, low-cost ways to extend small amounts of credit. Continue reading

What a Long, Strange Trip It’s Been

By Peter Galuszka

Back in the winter of 2015, Craig Vanderhoef, a former Navy captain, got a disturbing surprise in his mailbox at his retirement home near Afton in Nelson County. A letter from Dominion Resources noted that it wanted to survey his land for a new 600-mile-long natural gas pipeline.

On two occasions, he wrote the utility telling them no. Then he got another surprise. A sheriff’s deputy knocked on his door to serve him with papers notifying him that Dominion was suing him to get access to his property.

In short order, about 240 Virginia landowners were on notice that they too might be sued for Dominion’s proposed Atlantic Coast Pipeline. The county sheriff was notified that he, too, was being sued, although it was an error.

Thus, the stage was set for one of the nastiest environmental and property rights battles in Old Dominion history.

It centered around the Atlantic Coast Pipeline that would run from Harrison County, W.Va. across the rugged Appalachians, down through some of the most peacefully bucolic land in the Virginia., to Union Hill, a mostly African-American community in Buckingham county and on into North Carolina, running through the Tar Heel state’s mostly African-American concentration along its northeastern border with Virginia. Continue reading

The ACP Wins One But The War Drags On

By Peter Galuszka

The $8.5 billion Atlantic Coast Pipeline has won a significant legal victory but the war is far from over.

The U.S. Supreme Court, in a 7-2 decision, has ruled in favor of project operated by Dominion Energy and Duke Energy saying that its 42-inch pipeline can cross under the Appalachian Trail in the George Washington National Forest.

The Court ruled that the pipeline can pass 600 feet underneath the trail and that the U.S. Forest Service has the right to allow a right of way. The Richmond-based 4th Circuit Court of Appeals had previously ruled that the Forest Service had no such authority.

Dissenting, Justices Sonia Sotomayor and Elena Kagan wrote that the U.S. Minerals Leasing Act does give the federal government the right to regulate federal land, including trails. Justice Clarence Thomas, who wrote the majority ruling, said that plans to bury the pipeline under the Appalachian Trail represent an easement which is not the same as “land.”

The project still faces eight other permitting issues involving the Forest Service, the U.S. Fish & Wildlife Service, the National Park Service and the U.S. Army Corps of Engineers. Continue reading