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

delta 8 virginia

You’ll likely find Delta-8 THC gummies, vape cartridges, and hard candies sold in local shops all over Virginia. This compound is closely related to marijuana’s Delta-9, but it has a more mild effect and different therapeutic benefits. If you want to try it, you’re likely questioning its legal status. Is D-8 THC legal in Virginia? 

Do you live in Virginia and want some Delta-8 shipped to your door? 


Is It Legal: Virginia Delta-8 Laws 

The short and simple answer is: YES! Hemp-derived Delta-8 is LEGAL in Virginia.

What Is Delta-8? 

Delta-8 tetrahydrocannabinol is a cannabinoid derived from the hemp plant that offers a range of therapeutic benefits. According to the National Cancer Institute, D-8 THC has antiemetic (helps with nausea), anxiolytic (helps with anxiety), appetite-stimulating, analgesic (pain-reliever), and neuroprotective properties. 

Delta-8 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 D-8’s mildly intoxicating nature, as this compound is roughly half as potent as D-9 when consumed at the same dose. Many users prefer D-8 over high-THC cannabis because it gives them a mild yet energetic, clear-headed “high.”  

Where to Buy Delta-8 in Virginia

Because this cannabinoid is legal in Virginia, you’ll likely find it at local CBD shops, smoke shops, dispensaries, convenience stores, gas stations, etc. Yet, the safest and easiest option is to order it online. 

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

Each product page on our website contains recent lab results. The biggest issue with D-8 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. 

Take, for example, the lab report of this Delta-8 Shatter Concentrate. In it, you can see that the product is free from Delta-9 THC, which makes it legal under the 2018 Farm Bill. 

Not only that, but we also test the products for safety and manufacture them from hemp-derived CBD. Some vendors make D-8 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 D-8 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 D-8 THC than advertised. 

Continued, Is Delta-8 Legal in Virginia? 

YES, hemp-derived Delta-8 THC is LEGAL in Virginia.

After the 2018 Farm Bill, Virginia passed Senate Bill 247 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 hemp law legalized all forms of hemp and any hemp derivative, extract, cannabinoid, isomer, acid, salt, or salt of an isomer. Virginia and its neighboring states like Tennessee and North Carolina have kept a pro-hemp stance that allows the sale of D-8 THC products. 

For now, the state hasn’t explicitly banned the sale and distribution of D-8 THC products. 

When the state updated their hemp laws to match the Hemp Farming Act, they also amended the Controlled Substances Act. The updates exclude hemp and hemp-derived tetrahydrocannabinols from the list of controlled substances. But, marijuana and tetrahydrocannabinols are listed as Schedule I Controlled Substances in Virginia. 

Delta-8 THC and Federal Law 

Delta-8 THC is in a legal grey area federally. 

The main reason for it? Delta-8 THC 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 D-8 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 D-8 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 D-8 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 D-8. 

Is D-8 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 D-8, 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 D-8 THC remains in limbo.   

Bottom line

Delta-8 THC is legal to buy in Virginia. The Old Dominion hasn’t explicitly banned the manufacture and sale of products containing this cannabinoid. But, it does have stricter regulations when it comes to licensing hemp-derived products. Residents of Virginia can order a wide range of D-8 items online.  

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 still legal to buy in Virginia. The state hasn’t explicitly banned it, so residents can purchase a range of D-8 products online legally.     

The best place to order safe and tested D-8 products is online. Reliable brands, like Mr. Hemp Flower, deliver lab-tested products straight to your home.

Get it till it’s available! Residents of the Old Dominion 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. 

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