Is Smokable Hemp Flower in Virginia Legal? Virginia Hemp Law

Governor Northam signed the Virginia Industrial Hemp legislation in June 2019. Since then, the state has made progress regarding the commercial sale of CBD flower.

Can you legally buy smokable hemp in Virginia? Let’s look at Virginia state hemp law.

Last Update: July 28, 2023

Article Summary

You can buy CBD flower with less than 0.3% THC in Virginia. The state allows the retail sale of smokable hemp by licensed retailers.
Smokable hemp products that contain THC (less than 0.3%) are only allowed for sale to individuals 21 and older.
CBD extracts with less than 0.3% THC are legal in Virginia. CBD can be added to food and edible products but must meet certain packaging, labeling, and testing requirements.
Hemp products sold in Virginia must not exceed 0.3% THC or contain more than 2mg of total THC per package. If they do, they can be lawfully sold if the CBD to THC ratio is at least 25 to 1.
Hemp growers and processors must obtain a license before cultivating or processing hemp.

Is Hemp Flower Legal in Virginia?

Yes, CBD flower with less than 0.3% THC is legal in Virginia. It can be sold to adults 21 and older.

Virginia first regulated the retail sale of smokable hemp in 2020. HB 962 allowed adults 21 and older to buy smokable hemp products, even from vending machines.

Starting July 1, 2023, Virginia adopted new provisions (HB 2294) regarding hemp-derived products, including smokable flower.

The bill defines smokable hemp separately from “hemp product.” Under Virginia law, “hemp product intended for smoking” means any hemp product intended to be consumed by inhalation.

The sale, distribution, production, and consumption of smokable hemp products remains legal in Virginia. But, under the new regulations, there are specific requirements one must fulfill, including:

Anyone who wants to sell a hemp product intended for smoking must have a Regulated Hemp Product Retail Facility Registration.
Smokable hemp products offered at retail must be sold in “child-resistant” or protective packaging.
Smokable hemp products offered at retail must be properly labeled. They have to state all ingredients, amount of ingredients, and THC percentage and amount of THC per serving.
If it contains THC, smokable hemp is not allowed to be sold to people younger than 21.

While CBD flower and smokable hemp products with less than 0.3% THC are fully legal in Virginia, high delta 8 THC (or any THC) smokable products are banned under HB 2294.

Previous Virginia Hemp Laws

The state took a massive leap in April 2020 as Governor Northam approved three bills relating to hemp (and cannabis):

House Bill 962 regulates smokable hemp products for adults over 21.
Senate Bill 918 allows CBD in food despite federal prohibition. The bill defines hemp extract (including CBD) as food and regulates hemp-derived products intended for human consumption.
SB 2 and HB 972 decriminalize possession of marijuana — possession of up to one ounce of cannabis is punishable by a $25 fine with no threat of jail time and criminal record.

Where to Buy Hemp Flower in Virginia?

You can legally buy smokable hemp flower online if you live in Virginia. Mr. Hemp Flower offers a range of CBD flower strains compliant with federal law.

USPS Allows Shipping of Small Quantities of Hemp

Hemp is no longer a controlled substance in the US, and the USPS allows shipping small quantities of hemp.

To comply with the agency’s rules, we include a Certificate of Analysis and a notice to law enforcement in each package — these two documents confirm you are getting a legal product (hemp flower with less than 0.3% THC) shipped to your home.

Virginia Hemp Flower for Sale

You can legally purchase smokable hemp products with less than 0.3% THC from Mr. Hemp Flower.

Even if you decide to buy smokable hemp products from a local dispensary in Virginia, it’s unlikely to find fresh, quality products.

We craft all our products using organically grown hemp sourced from top farms in Washington State, Oregon, and Colorado.

We work directly with US-licensed farmers who have years of experience growing CBD rich hemp strains. Also, a third-party, independent lab tests all of our hemp smokables.

High CBD Hemp Smokables

If you are interested in high-CBD hemp flower, we recommend:

Quick View

Orange Cookies CBD Hemp Flower

$8.00 – $125.00

Why Choose Mr. Hemp Flower?

Super Fast Delivery

We deliver your hemp flower within 3 business days — or less — straight to your door. You don’t have to wait for weeks to enjoy the benefits of hemp flower.

“First of all, the order got here two days EARLY, which was great. Second, I was extremely happy with the product.“ – Christopher

Fresh Products Only

We offer freshly produced hemp smokables only, so you can rest assured you are getting your money’s worth.

“I’ve been extremely pleased with the Special Sauce pre-rolls I have used. I find it very relaxing and calming. I also have not had any drowsiness nor jitters from it.” – Harry A.

Avoid Smoking Hemp in Public

Hemp is an agricultural commodity in the US. But, you should still avoid smoking hemp in public.

Hemp resembles marijuana, and law enforcement can’t tell the difference between hemp and marijuana. If you get caught using hemp smokables in public, law enforcement will likely enforce marijuana laws on you.

Virginia Industrial Hemp Program

Commercial production of industrial hemp is legal in Virginia.

The Industrial Hemp Bill initially went active in May 2019 and was later signed by Governor Northam. In 2021, Virginia’s Hemp Production Plan was approved by the USDA.

Soon after, in January 2022, the state regulated hemp production per the Farm Bill of 2018. Under the state Hemp Program, individuals can obtain grower license, a sampling and testing agent license, handler, and processor license.

Under Virginia law, “industrial hemp” means 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, with a concentration of tetrahydrocannabinol that is no greater than that allowed by federal law.”

Is CBD Legal in Virginia?

Yes, hemp-derived CBD extract with less than 0.3% THC is legal in Virginia.

State law permits the production, use, and sale of products containing hemp-derived extract, such as hemp-derived CBD oil, for human consumption, under certain circumstances.

Under HB 2294, “hemp product” means:

A product, including any raw materials from industrial hemp that are
used for or added to a food or beverage that:
contains industrial hemp and has completed all stages of processing needed for the product and,
when offered for retail sale,
contains a total tetrahydrocannabinol (THC) concentration of no greater than 0.3 percent and
contains either no more than two milligrams of total THC per package or an amount of cannabidiol (CBD) that is no less than 25 times greater than the amount of total THC per package.

So, hemp CBD can be added to food in Virginia, but the product must contain less than 0.3% THC and no more than two milligrams of total THC per package.

Only registered processors can process hemp into a hemp product in this state. Hemp extracts intended for consumption orally must be made and sold in compliance with the state Food and Drink Law.

FAQs on Hemp Flower Virginia State Laws

How much hemp flower can you purchase at once (or one time) in Virginia?

Virginia law doesn’t restrict the minimum or maximum amount of you can purchase at once or one time.

Do you need a special license to purchase hemp flower in Virginia?

If you are buying hemp flower in its raw state to deal, or process it, you must be registered under the Virginia Department of Agriculture and Consumer Services. Anyone who wants to sell smokable hemp in this state must have a Regulated Hemp Product Retail Facility Registration.