Is Delta 8 Legal in Virginia: A Status Overview

Is Delta 8 Legal in Virginia: A Status Overview

Is Delta 8 Legal in Virginia? Virginia is one of the states at the forefront of policy changes in regard to cannabis. The recent surge of interest in hemp and hemp-derived products such as delta 8 THC has made lawmakers take notice—and Virginia is no exception. 

While this means that more and more products are becoming available for its residents, it also raises a lot of questions for those interested in using it. Chief among them? Is Delta 8 legal in Virginia? 

With plenty of misunderstanding surrounding the answer, we’re here to provide an overview on the status--legal or illegal--of Delta 8 THC within the state so you can have peace of mind when considering whether it’s right for you.

Legal Overview of Delta 8

Delta 8 tetrahydrocannabinol (THC), a psychoactive component derived from hemp, occupies a legal grey area in the United States at the federal level. Though under the 2018 Farm Bill, hemp and its derivatives, including Delta 8, were removed from the list of controlled substances, the Drug Enforcement Administration (DEA) issued an interim final rule in 2020 that left Delta-8 THC legal status in doubt. 

According to the DEA, any synthetic cannabinoid, including Delta 8, is a Schedule I substance and federally illegal, even if derived from hemp. However, the 2018 Farm Bill legalized the production and sale of hemp-derived Delta-8 despite the DEA's interim final rule, leading to a confusing scenario where Delta-8 remains federally legal. 

The current situation of Delta 8’s legality at the federal level also has implications for state laws. Some states have legalized Delta 8, while others have enacted restrictions or have banned it outright. 

While Delta 8 legal status under federal law is ambiguous, state laws can vary significantly, and those interested in using Delta 8 should research the laws in their state with regard to this product to avoid potential legal issues. As always, it's essential to consult with legal counsel for guidance on Delta 8's potential risks and benefits.

Virginia's Laws on Delta 8

Due to safety and health concerns, Virginia has implemented multiple restrictions on selling, distributing, and manufacturing Delta-8 THC edibles made from hemp, including beverages and food products. This includes synthetic cannabinoids like Delta-10, HHC, and THC-O, which are prohibited in edible products. However, non-edible Delta 8 products such as vapes and oils are still available both online and in stores.

It is important to note that marijuana-derived Delta 8 is protected under state law, meaning that it is legal to possess and use within the state. Bringing Delta 8 products such as vapes or oils that are non-edible and hemp-derived into Virginia is legal and will not result in any legal consequences.

As of now, however, the sale, distribution, and manufacturing of hemp-derived Delta 8 edibles remain prohibited in Virginia due to potential health and safety concerns. Consumers should be aware of these restrictions and follow all state laws and regulations when purchasing and using Delta 8 products in Virginia.

Virginia HB 2294 Industrial Hemp

In an effort to regulate the manufacturing and sale of industrial hemp, Virginia has implemented HB2294. Under this bill, businesses are required to obtain a license from the Virginia Department of Agriculture and Consumer Services (VDACS) to manufacture or sell industrial hemp extracts or foods containing such extracts. 

In addition, the bill establishes strict guidelines for THC content and product packaging. Total THC concentrations cannot exceed 0.3%, and products must be limited to containing no more than 2mg of THC per package. 

Child-resistant packaging, clear labeling of THC content, and certification from an independent laboratory are mandatory. These regulations are critical in ensuring consumer safety and protection in the industrial hemp market.

Virginia Legalized Marijuana 

In recent years, the legalization of marijuana has been a hot topic across the nation, and Virginia is no exception. Cannabis is now legal for medical and recreational use in the state, with Virginia General Assembly passing legislation to fully legalize cannabis with an effective date set for 2024. This law allows adults aged 21 and over to possess up to 1 ounce (28 g) of marijuana and cultivate up to four plants per household. 

Additionally, the sharing of marijuana is now legal as long as there is no commercial transaction involved. While this law marks a significant shift in Virginia's marijuana laws, it's important to remember that there are still regulations in place to ensure proper usage and safety.

Synthetic Cannabis Ban: A Step Towards Public Safety

Virginia's recent ban on synthetic cannabis products, including Delta 8, is a win for public safety. It's a move towards regulating cannabinoids and ensuring consumers have access to safe and high-quality products.

Tri-Cities Businesses Applaud the Ban

Tri-Cities businesses are happy with the ban, as it eliminates low-quality and potentially harmful products from the market. They believe it's an opportunity to promote safe and responsible usage while paving the way for future legalization efforts.

Potential for Future Legalization

The ban has sparked conversations about future legalization efforts. Advocates argue that regulated legal markets can provide safer alternatives for consumers. While there's no concrete plan yet, many are hopeful that Virginia will continue its progressive stance toward cannabinoid usage.

Note: Before purchasing any hemp or cannabis product, make sure to understand your local laws, even though recreational marijuana is now legal in Virginia.

Delta 8 Availability in Local Shops

Looking for Delta 8 products? Local shops have got you covered, but remember, you must be 21 or older to purchase them. Non-edible Delta 8 products such as vapes and oils are only available both online and in stores.

Age Restrictions for Buying Delta 8

State regulations require strict enforcement of the minimum age requirement to ensure only adults can access these potent cannabinoid products.

FAQs in Relation to Is Delta 8 Legal in Virginia

Is Delta 8 legal in Virginia?

Yes, Delta 8 is legal in Virginia. However, certain restrictions are in place regarding the sale and distribution of hemp-derived Delta 8 products such as edibles due to potential safety and health concerns. Marijuana-derived Delta 8 is protected under state law, so it is legal to possess and use within the state. 

Are there age restrictions for buying Delta-8 products in Virginia?

Yes, state regulations require strict enforcement of the minimum age requirement to ensure only adults can access these products. You must be 21 or older to purchase Delta-8 THC products in Virginia. 

Will I fail a drug test if I consume delta 8 THC?

Delta 8 THC can result in a positive drug test for THC. Delta 8 THC and delta 9 THC are different chemicals, but some drug tests may not be able to tell them apart, which could cause a positive result.

Is CBD Legal in Virginia?

In Virginia, full-spectrum CBD products are legal because the law permits CBD products to have a maximum of 0.3% THC.

Is Delta-9 THC legal in Virginia?

Yes! As long as Delta-9 THC products are derived from hemp, they are still considered legal in the state of Virginia. 

Final Thoughts on Is Delta 8 Legal in Virginia

Delta 8 may be legal under federal law, but its legality in Virginia is still ambiguous. Consumers should proceed with caution and do their own research on Is Delta 8 Legal in Virginia before purchasing any Delta 8 products. It is also important for the state to clarify its stance on Delta 8 to ensure consumer safety and prevent any confusion or legal issues.

Looking for a reliable and trustworthy online store to buy Delta 8, Delta 10, THC-O, and HHC products? Take a look at Burning Daily. We offer popular brands like 3chi, Dimo, Fuego, Honeyroot, LittoSugar, and more. 

Our selection of quality hemp products is second to none. Ordering is easy with our online ordering system and fast shipping options. Shop with us now and enjoy our satisfaction guarantee!


Back to blog