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.  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:

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


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