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CBD laws are vastly different from state to state, and some state’s don’t exactly agree with the federal legal status of hemp-derived CBD products. Although you may be able to guess which states have fully legalized CBD, some states may surprise you.
Virginia, for instance, has a history of cannabis prohibition, but also a lengthy history of hemp research and cultivation.
So, is CBD legal in Virginia?
The short answer? Yes!
But there may not be many regulations in place to ensure consumer safety. Before you buy CBD in Virginia, you should get a good look at Virginia CBD laws and how they affect consumers:
Table of Contents
Legal Concerns About CBD
What are the CBD laws in Virginia?
Is full spectrum CBD legal in Virginia?
Does Virginia have a CBD possession limit?
Do you need a prescription for CBD in Virginia?
Where to buy CBD in Virginia?
Can you buy CBD at 18 in Virginia?
Is CBD legal in all 50 states?
Resources
Disclaimer: We’re always working to stay informed on the latest CBD 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.
CBD became federally legal in 2018 under the Hemp Farming Act, which removed industrial hemp and its derivatives from the Controlled Substances Act. However, legal CBD must come from hemp containing less than 0.3% THC.
Even after starting with legal hemp, manufacturers must ensure the final product also contains under 0.3% THC, as extraction can concentrate cannabinoids and increase THC levels. Since the CBD industry lacks strict regulations, it's important to verify third-party lab tests to confirm a product's legality.
Federal guidelines apply, but you must also follow your state's specific CBD regulations.
Virginia has supported hemp agriculture since 1997 and has gradually expanded its hemp program, aligning with federal guidelines to fully legalize CBD products derived from hemp, with no restrictions on product types.
Let's dig further into the details:
Virginia hasn't always been the most cannabis-friendly state, but they've had their hands in hemp agriculture for over two decades. In 1997, the state passed House Joint Resolution 656, a bill that delegated 6 members to a committee designed to study agricultural hemp and its economic benefits.
After three years of research, the state concluded that hemp agriculture would be greatly beneficial for the state. In 1999, Virginia passed HB 94, a bill that permitted hemp cultivation for research purposes under the authority of multiple federal agencies, such as the DEA. This program was deemed successful and was impactful on the federal government's decision to legalize hemp agriculture across the country.
After the 2014 Farm Bill became law, Governor Terry McAuliffe signed SB 955 in 2015. This bill redefined hemp to match the federal definition, as cannabis with less than 0.3% THC, a separate entity from marijuana. The bill also designated one university to run a hemp research program and distribute hemp-derived products to qualifying patients in the state.
Finally, the bill laid the groundwork for the Department of Agriculture and Consumer Services to begin drafting regulations for the state’s future hemp program. In 2018, the state passed HB 532 prior to the 2018 Farm Bill being passed into law. Initially, this bill loosened regulations on the industrial hemp agriculture program to expand access to hemp licensing across the state, but it didn’t fully align with the federal regulations in the new Farm Bill.
The state quickly passed SB 247 to update regulations and licensing requirements as needed, and finally submitted their hemp agriculture plan to the USDA for approval in January 2020. USDA approval has been delayed, but the state can continue to issue licenses through the Virginia Department of Agriculture and Consumer Services until the USDA plan is approved.
As it now stands, CBD products derived from hemp are legal and accessible in the state, and there are no restrictions on the types of CBD products that can be made and sold in Virginia. This is in-line with regulations in other pro-hemp states, like Colorado and Oregon.
It’s easy to assume that CBD isolate, which contains no THC, is legal in most places. Laws surrounding full spectrum products that contain some amount of THC are not always so clear. Virginia law allows for CBD products to contain up to 0.3% THC, which means full spectrum CBD products are legal in the state.
There are no Virginia laws that define any possession limits for CBD products derived from hemp. Products that contain more than 0.3% THC are considered cannabis products by the state, and are only available for medical patients in the state. Medical cannabis products are subject to different possession limits.
There is no need for a prescription to access CBD products in Virginia, as doctors can only "recommend" them, not "prescribe." Although medical marijuana requires a doctor’s recommendation in some states, CBD is more widely accessible.
Only one CBD product, Epidiolex, is FDA-approved for treating childhood epilepsy, but many doctors are still unfamiliar with CBD. If you're curious about CBD's benefits, discussing it with your doctor may be helpful.
You may find many different types of CBD products in stores across Virginia, including CBD edibles and beverages. Thanks to relaxed regulations, CBD products are not hard to find in the state, but quality regulations may be lacking.
Poor quality regulations may put consumers at risk, and buying CBD online is a suitable option for most consumers. When you buy CBD online directly from the brand, you get better oversight of the brand’s manufacturing practices. Looking at the brand’s hemp source and lab testing procedures can help ensure that the CBD products you choose are clean, potent, and meet legal guidelines.
Buying CBD directly from a brand instead of from a third-party market may also be less costly since you won’t have to pay the extra fees that are often tacked on by the middle man. Of course, premium CBD can be expensive to manufacture, so you should also be wary of products that offer low-ball prices.
Finally, buying CBD online may be the best way to access many different types of CBD. The most common type of CBD product is an oil tincture, but you can find a variety of CBD edibles, topicals, and other specialty products when you shop online.
For more information on how to find high-quality CBD products, check out our CBD Buyer’s Guide.
CBD products are generally accessible to people of all ages in Virginia, as the state does not impose age restrictions for purchasing hemp-derived CBD.
However, vendors may set their own age limits, often requiring customers to be 21, similar to tobacco regulations. Some online CBD brands allow those 18 and older to purchase and ship legal CBD oil to Virginia.
Thanks to federal updates, CBD has the potential to be legal in every U.S. state. CBD is legal in Virginia, but every state has different regulations regarding the manufacture and sale of CBD. Click here to find out where CBD is legal.
No, CBD gummies are legal in Virginia as long as they are derived from hemp and contain less than 0.3% THC.
Yes, CBD is legal in Virginia in 2024, provided it is hemp-derived and complies with federal regulations.
CBD is generally legal in most states, but restrictions vary. States like Idaho and Nebraska have stricter regulations regarding CBD.
You can purchase CBD from retail stores, online vendors, or licensed dispensaries across Virginia without a prescription.
Yes, but only for hemp-derived CBD products. Cannabis-derived products require a medical marijuana card.
No, the VA (Veterans Affairs) does not currently approve or prescribe CBD for veterans.
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