Is Delta 8 THC Legal in Virginia?

Legality of buying Delta 8 THC in Virginia

View all Delta 8 THC Legal States Information

Virginia State law is very clear on the legality of Delta 8 THC. As long as it's not in a form that has more than .3% Delta-9 THC, then it is legal to sell or buy in Virginia. 


Yes, Delta 8 THC is legal in the State of Virginia.

In Virginia, Delta 8 is allowed. Federal legislation was passed in the 2018 US Farm Bill which made CBD and other hemp derived products like Delta 8 THC legal (as long as they are under the .3% delta 9 THC threshold), and Virginia's state laws don't currently conflict with the federal law.

Current Virginia Delta-8 Legislation

The state defines hemp the same way as federal law, which means that all derivatives of hemp are considered legal in Virginia.

In the approved version of the Chapter 653 (H 1839), it provides the following:

"Industrial hemp" means all parts and varieties 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, that contain with a concentration of tetrahydrocannabinol that is no greater than that allowed by federal law.

Since the 2018 Farm Bill specifies that the concentration of tetrahydrocannabinol to be monitored is that of the Delta-9 THC level and at the limit of .3% as measured on a dry weight basis, Delta-8 THC is legal in the state.

Virginia Industrial Hemp Act

The cultivation of industrial hemp as part of research programs overseen by the Virginia Department of Agriculture and Consumer Services which currently oversees the Industrial Hemp Program. Note, adult-use cannabis is governed by the Virginia Cannabis Program in the state.

List of controlled substances

Virginia has also amended their Controlled Substances Act to exclude hemp products from being a Schedule I substance and exclude hemp from the definition of marijuana.

Buying and Shipping Delta 8 in Virginia

Since Delta 8 is legal in the State of Virginia, residents can order Delta 8 products with a shipping address located in the state. Delta-8 THC is allowed in the State.

Border States to Virginia:

MarylandWest Virginia, Kentucky, Tennessee, and North Carolina

Advocacy Groups in Virginia Supporting Delta 8 and Hemp Laws

Virginians are continuously supportive of Delta 8 and pushing progress towards better Hemp Laws. Check out some of the standout organizations in the State:

Canna Biz VA

Virginia Hemp Coalition

News stories covering raids or busts on Delta 8 Products and stores in Virginia


Charlottesville Cannabis Club opens on Downtown Mall



Warren Coalition warns of Delta 8 THC product risks


Virginia gets green light to grow marijuana: Where do wannabee weed growers obtain seeds?


Smoke shops eye future sale of marijuana, paraphernalia


LETTER: Center concerned about Delta-8 THC


Calls Linked to Delta-8 THC Flood Poison Center in Virginia


Opinion/Editorial: THC poses overdose problems


Mother works to draw awareness about ‘pot poisoning’ in children


Charlottesville-area poison center sees hike in crisis calls from hemp-derived THC


Delta-8 THC products result in dozens of poisoning, hospitalization cases in Virginia


CASEY: New ‘high’ seems effective. But is it legal and safe?


Hemp growers get a boost with production rule


Krawitz and Amatucci: It's time to respect Virginia's cannabis heritage and look to its equitable future