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. However, even products at that level of Delta-9 THC can still give the euphoria that many THC users enjoy. In fact, with Virginia being a THC-friendly state, residents can place a top Delta 9 online order through the world wide web and get edibles, smokeable products, and other psychoactive products shipped lawfully without the need to visit a local shop. But with so much confusion happening with the new Delta-8-THC cannabinoid, we wanted to go to the source and learn whether Delta 8 is legal in the state.
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:
Maryland, West 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:
News stories covering raids or busts on Delta 8 Products and stores in Virginia
Virginia lawmakers restrict THC sales, raise purchase age to 21
New marijuana crime included in Virginia budget proposal
Delta 8 remains a legal, albeit unregulated cannabis market in Virginia
‘Frankenstein Bill’ that would have hurt Virginia hemp stakeholders fails to pass
Virginia policymakers ponder future of cannabis regulation
Virginia lawmakers buck governor on delta-8 THC ban, smokable hemp
Southwest Virginia CBD business owners discuss impact of possible Delta-8 ban
Gov. Youngkin proposes banning sales of Delta 8-THC in Virginia
Proposed bill causing headaches for local hemp businesses
Group says Virginia bill could lead to some CBD, Delta 8 THC products being removed from shelves
Bill to Restrict THC Sales Heads to Virginia Governor
Floyd Co. hemp company shares concerns about new cannabis regulation bill
Virginia Bill Would Require Delta-8 Regulations, Licensing
Lawmakers crack down on cannabis compound Delta-8 following safety concerns
Virginia Lawmakers Want To Regulate Delta Eight, Hemp Product
Virginia lawmakers cracking down on cannabis compound Delta-8 due to safety concerns
Cannabis Store Co-owned By Top Virginia Senator Sells Mislabeled Products With Illegal THC Content, Media Investigation Finds
EARLY YEARS: Experts encouraging parents to push state legislators for earlier regulation of sale of marijuana products
Local retired Navy SEAL helps community through cannabis smoke shop
Va. News: Sleeping on sidewalks and Delta 8
Delta-8 is gaining in popularity in the Richmond area as an alternative to marijuana, but is it safe?
Roanoke County Police Chief warns of Delta-8 packaged in kids’ cereal and snacks
EARLY YEARS: Roanoke Valley mom shares story of her 2-year-old accidentally ingesting Delta-8 form of THC
New THC strain, Delta-8, creates concern in Roanoke County
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