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:
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