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Although controversial, hemp products like Delta-8 are considered legal by federal law. It’s not so clear cut at the state level, leaving many people to wonder about the Delta-8 laws in their state. Is Delta-8-THC legal in Virginia? And if so, where can you find it?
Technically, yes, Delta-8 is legal in the state, but state laws block manufacturers and distributors from selling Delta-8 in Virginia.
Here’s what you should know about Virginia Delta-8 laws before you buy:
Disclaimer: We’re always working to stay informed on the latest Delta-8 laws and research. However, state laws are subject to change and we advise that you do your own research to verify the information you find in this article. This is not intended as legal advice.
Table of Contents
Delta-8-THC and Federal Laws
Virginia Delta-8-THC Laws
Is Delta-8 a Controlled Substance in Virginia?
Delta-8-THC Possession Limits in Virginia
Is Delta-9-THC Legal in Virginia?
Where to Buy Delta-8 in Virginia
Do You Have to Be 21 to Buy Delta-8?
Is Delta-8 Legal in All 50 States?
Resources
Virginia was one of the most influential states in the national legalization of hemp agriculture, and all forms of hemp and hemp derivatives, like CBD, are legal in Virginia. Virginia law may have influenced other nearby states where Delta-8 is legal, like Tennessee, West Virginia, and North and South Carolina.
The state defines hemp according to the definition used by federal law, and “hemp” includes all hemp cannabinoids, isomers, salts, salts of isomers, and other extracts. Virginia has also made amendments to their Controlled Substances Act to specify that hemp-derived tetrahydrocannabinols are excluded from the list of Schedule I substances, and that “hemp” is excluded from the state’s definition of marijuana.
Thanks to these amendments, Delta-8-THC is legal in Virginia.
However, the state passed SB 903 in July of 2023 to further regulate Delta-8 products. This bill bans the manufacture and sale of Delta-8 products within state lines, but it has had very little impact on the number of products available online. These laws are subject to change as Delta-8 remains a hot political topic in the state, so be sure to check updated legislation before purchasing Delta-8 in stores or online.
Here are some highlights from the text:
“Hemp product” means any finished product that is otherwise lawful and that contains industrial hemp, including rope, building materials, automobile parts, animal bedding, animal feed, cosmetics, oil containing an industrial hemp extract, or food or food additives for human consumption.
“Industrial hemp” means any part of the plant Cannabis sativa, including seeds thereof and any derivative, extract, cannabinoid, isomer, acid, salt, or salt of an isomer, whether growing or not, with a concentration of tetrahydrocannabinol that is no greater than that allowed by federal law
“Hemp” means the plant species Cannabis sativa L. and any part of that plant, including the seeds thereof and all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers, whether growing or not, with a delta-9 tetrahydrocannabinol concentration of not more than 0.3 percent on a dry weight basis.
Marijuana” means any part of a plant of the genus Cannabis whether growing or not, its seeds, or its resin; and every compound, manufacture, salt, derivative, mixture, or preparation of such plant, its seeds, or its resin. Marijuana shall not include any oily extract containing one or more cannabinoids unless such extract contains less than 12 percent of tetrahydrocannabinol by weight, nor shall marijuana include the mature stalks of such plant, fiber produced from such stalk, or oil or cake made from the seeds of such plant, unless such stalks, fiber, oil, or cake is combined with other parts of plants of the genus Cannabis. Marijuana shall not include (i) industrial hemp, as defined in § 3.2-4112, that is possessed by a person registered pursuant to subsection A of § 3.2-4115 or his agent, or (ii) a hemp product, as defined in § 3.2-4112, containing a tetrahydrocannabinol concentration of no greater than 0.3 percent that is derived from industrial hemp, as defined in § 3.2-4112, that is grown, dealt, or processed in compliance with state or federal law.
Tetrahydrocannabinols, except as present in (i) industrial hemp, as defined in § 3.2-4112, that is possessed by a person registered pursuant to subsection A of § 3.2-4115 or his agent; (ii) a hemp product, as defined in § 3.2-4112, containing a tetrahydrocannabinol concentration of no greater than 0.3 percent that is derived from industrial hemp, as defined in § 3.2-4112, that is grown, dealt, or processed in compliance with state or federal law; (iii) marijuana; or (iv) dronabinol in sesame oil and encapsulated in a soft gelatin capsule in a drug product approved by the U.S. Food and Drug Administration;
Is Delta-8 a Controlled Substance in Virginia?When Virginia updated their hemp laws to more closely match those laid out by federal law, the updates included amendments to the Controlled Substances Act.
These updates specifically made exemptions for hemp and hemp-derived tetrahydrocannabinols where tetrahydrocannabinols are otherwise listed as Schedule I Controlled Substances in the state.
Virginia law does not define any possession limits for hemp or hemp material. That means there are no possession limits in place for Delta-8-THC derived from legal hemp materials.
Still, Delta-8 could be easily confused for Delta-9 THC by authorities without proper documentation and lab testing.
Basic lab testing checks only for tetrahydrocannabinol, meaning that extensive lab tests are needed to differentiate between Delta-8 content and Delta-9 content when proof of legal possession is needed.
Virginia actually was the first state to legalize medical cannabis, but the legislation came as part of the state’s criminal code and required a doctor’s prescription. For over a decade, this came with legal implications because the FDA governs the use of “prescriptions” in the U.S. and cannabis has not yet been FDA approved.
Since then, updates to state legislation have expanded access to THCA and CBD oil to qualifying patients in the state.
According to recent reports, Virginia has now passed recreational legislation that aims to open dispensaries in the state by 2024. Cannabis was previously decriminalized, but is now set to be fully legalized in Virginia.
Virginia does not allow hemp THC products to be sold in stores across the state, but residents may still find Delta-8 online or in bordering states. However, the rules for transport are ambiguous, so it's important to research local laws before purchasing Delta-8 from Virginia.
Still, it’s advisable to proceed with caution when choosing a Delta-8 distributor. While you can likely find various hemp products in local stores, there may be benefits to buying Delta-8 online. One reason is that you can buy directly from a brand or manufacturer, instead of purchasing through a third-party vendor that may not fully understand Delta-8 effects and uses or the laws surrounding Delta-8 products.
At Vida Optima, our Delta-8-THC products comply with all parameters of the Hemp Farming Act of 2018. We can also help answer questions about Delta-8 before you buy, or you can read our “What is Delta-8-THC?” guide to learn everything you need to know.
Delta-8-THC is currently federally legal under the context of the Hemp Farming Act of 2018, but each state has the right to determine their own stance on tetrahydrocannabinols derived from hemp. Delta-8-THC is legal in Virginia according to state law, but you should read more about Delta-8 laws by state to determine the legality in other areas.
As of now, Delta-8 THC is legal in Virginia. However, legislation can change, so it is important to stay updated with state laws regarding Delta-8 THC.
Delta-9 THC is legal in Virginia for adult recreational use and medical use. Virginia legalized recreational marijuana in July 2021, allowing adults aged 21 and older to possess and use marijuana.
Delta-8 THC has been banned in several states, including Alaska, Colorado, Delaware, Idaho, Iowa, Montana, New York, North Dakota, Rhode Island, Utah, Vermont, and Washington.
No, Delta-8 THC is not classified as a controlled substance in Virginia. It is legal as long as it is derived from hemp and contains less than 0.3% Delta-9 THC, in line with federal regulations under the 2018 Farm Bill.
Delta-8 and Delta-9 THC are both cannabinoids found in the cannabis plant. The primary difference is their chemical structure and potency. Delta-9 THC is more potent and is the primary psychoactive compound in cannabis, while Delta-8 THC is less potent and produces milder effects.
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