Is Delta 8 THC Still Legal in Virginia? Laws & Regulations in the Old Dominion

delta 8 virginia

Delta 8 THC is legal in Virginia but can be sold under strict requirements. 

Let’s have a look at the legal status of delta 8 THC in Virginia and where to buy this cannabinoid.

Last Update: May 11, 2024


  • Virginia hasn’t explicitly banned the sale, possession, and use of delta 8 THC but has strictly limited the allowed quantity in a product.
  • Hemp-derived delta 8 THC is legal in Virginia if it contains no more than 2 mg of any THC per package. It’s also allowed in hemp products if the CBD content in the product is 25 times higher than the THC.
  • Almost every hemp delta 8 THC product doesn’t fulfill such a low THC threshold and cannot be legally sold in Virginia.
  • Adding delta 8 THC and other artificially derived compounds to food and beverages is prohibited in Virginia.
  • The best alternatives to hemp-derived delta 8 THC in this state are potent full spectrum CBD products.

Is Delta 8 THC Legal in Virginia? 

Hemp-derived delta 8 THC is not explicitly banned in Virginia but can only be sold under strict requirements.

Senate Bill 903, enacted in July 2023, puts a cap of 2 mg of any THC in a package of hemp-derived products. The limit of 0.3% THC per product still stands.

Under HB 30, enacted in 2022, the state amended its Code to restrict and regulate adding hemp-derived delta 8 THC to food and beverages. Adding delta 8 THC or other synthetically made cannabinoids to food and beverages is prohibited.

After the 2018 Farm Bill, Virginia passed HB 1839 to bring the state’s hemp law in compliance with the Hemp Farming Act. The state imposes stricter licensing requirements and inspections regarding hemp-derived extracts for human consumption. 

Virginia’s hemp law legalized all forms of hemp and any hemp derivative, extract, cannabinoid, isomer, acid, salt, or salt of an isomer. 

When the state updated its hemp laws to match the Hemp Farming Act, it also amended the Controlled Substances Act. The updates exclude hemp and hemp-derived tetrahydrocannabinols from the list of controlled substances.

Read more: State-by-State Legality of Delta 8 THC.

Where to Buy Delta 8 THC in Virginia?

Virginia prohibits the sale of hemp-derived products with over 2 mg THC (any THC including delta 8). Buying products within this range is allowed, but most commercially sold delta 8 doesn’t fit these strict requirements. 

At Mr. Hemp Flower, we offer a wide selection of top-shelf D8 products, including delta 8 THC gummies, soft gel capsules, hemp flower, and D8 pre-rolls

Each product page on our website contains recent lab results. The biggest issue with D8 THC products is the safety and transparency of ingredients and processes used to create it. A reliable and transparent supplier will always offer a detailed Certificate of Analysis

Not only that, but we also test the products for safety and manufacture them from hemp-derived CBD. Some vendors make D8 from marijuana (which may be illegal in your state) and don’t offer detailed labs that show the true levels of THC in the product. 

Recent testing has shown that a large percentage of D8 THC products are mislabeled and contain high levels of delta 9 THC. This puts you at risk of ordering an illegal product or consuming products with less or more D8 THC than advertised. 

What is Delta 8 THC? 

Delta 8 tetrahydrocannabinol is a cannabinoid derived from the hemp plant that offers a range of therapeutic benefits. D8 and delta 9 THC are isomers they have the same chemical formula but a different arrangement of atoms in their molecules.

Scientists assume this to be the reason for D8’s mildly intoxicating nature, as this compound is roughly half as potent as D9 when consumed at the same dose. Many users prefer D8 over high-THC cannabis because it gives them a mild yet energetic, clear-headed “high.”  

Delta 8 THC and Federal Law 

This cannabinoid is in a legal gray area federally because it can be made in a lab from hemp-derived cannabidiol (CBD). 

The 2018 Farm Bill legalized hemp and all its derivatives, extracts, and cannabinoids with less than 0.3% THC. Under the Hemp Farming Act, naturally occurring D8 THC is legal. But, this compound is found in hemp in trace amounts, which makes its organic extraction challenging. So, the next best way to get D8 is to synthesize it from hemp CBD. 

But, in August 2020, the Drug Enforcement Administration issued an Interim Rule on the implementation of the Hemp Farming Act, stating that the bill doesn’t “impact the control status of synthetically derived tetrahydrocannabinols because the statutory definition of ‘hemp’ is limited to materials that are derived from the plant Cannabis sativa L.” 

They go on to explain that, for synthetically derived tetrahydrocannabinols, D-9’s concentration within a material is not a determining factor for its legality. The Rule doesn’t further define the term “synthetic.” This leaves space for the DEA to consider D8 derived from CBD as a “synthetic” and the Bill won‘t have any effect over it. 

The release of the Final Rule has yet to happen, but there’s a high probability that the agency will maintain the same stance on D8. 

Is D8 THC made from CBD truly a “synthetic” cannabinoid? According to experts, the cannabinoid doesn’t quite fall under this category because it is converted from a naturally extracted source hemp-derived CBD. 

Synthetic tetrahydrocannabinols are created in a lab from non-organic sources. Unlike D8, which is considered a safe cannabinoid, synthetic THCs are dangerous drugs that could have lethal consequences on the user.  

Because there’s no clear definition of the term “synthetic” or federal guidance, the legality of D8 THC remains in limbo.   

Final Thoughts

Delta 8 THC is legal, but strictly regulated in Virginia. The Old Dominion amended its hemp laws to allow the sale of delta 8 THC products with up to 2 mg total THC. State law also prohibits the sale of delta 8 THC in foods and beverages. 

delta 8 virginia laws

Be Sure to Check Out: 

All Our Delta 8 Products

Delta 8 Gummies

All Delta 9 Products


D-8 THC is legal to buy in Virginia, but it’s strictly regulated.     

Unfortunately, it’s best to avoid buying hemp-derived delta 8 THC products in Virginia, unless they contain 2 mg of any THC per package.

Get it till it’s available! Residents of delta 8 friendly states can shop a range of D-8 products online safely and discreetly.

No, so far, 15 states have banned or restricted D-8 THC, including Alaska, Arizona, Arkansas, Colorado, Delaware, Idaho, Iowa, Montana, Mississippi, New York, Kentucky, Rhode Island, Utah, Vermont, and Washington.

Yes, it’s safe. D-8 is considered safer than D-9 THC due to its mild psychotropic activity and aversion to side effects.

Read our legal disclaimer HERE. While we try to stay as up-to-date as possible on all state laws, you should do your own due diligence and work with a legal professional to ensure you are operating legally in your state or territory at all times.

Leave a Reply

Your email address will not be published. Required fields are marked *

Crypto Payment by
Your cart is empty
Let's start shopping!
Start shopping