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Is Delta-8 Legal in Virginia?

Delta-8 is legal in the Commonwealth of Virginia, according to federal law and state laws. Maybe you’ve already seen the wide range of Delta-8 THC products in vape shops from Bristol to Arlington. Keep reading for more info about the popular Delta-8 THC and its legal status in the Old Dominion.

What is Delta-8?

Cannabidiol (CBD) and Delta-9 tetrahydrocannabinol (THC) are probably the two best known cannabinoids. A cannabinoid is just a substance that comes from the cannabis plant, and there are hundreds! When cannabinoids are consumed, they interact with and have an effect on the human endocannabinoid system (ECS). More on that below.

Delta-8 THC is one of the many other cannabinoids, and perhaps the next best known and loved! It is very similar to Delta-9 THC, including the potential to produce psychoactive effects—but without being as overwhelming as Delta-9 can be to some consumers.

The endocannabinoid system

The ECS uses the cannabinoids as neuromodulators that work with the cannabinoid receptors throughout the human body. ​​Scientists are still actively studying the ECS, but researchers already think it may help to regulate physiological and cognitive processes, pain-sensation and much more [1]. 

Delta-8 is a very popular THC product used for therapeutic and personal enjoyment. It is similar to Delta-9 THC which we’ll look at next. Most states including Virginia have been onboard with Delta-8 and its benefits. Even though Virginia has been able to legalize medical and recreational marijuana, Delta-8 can be a great alternative for those looking to benefit from cannabis. 

What’s the Difference Between Delta-8 THC, Delta-9 THC, Delta-10 THC?

Delta-8 THC, Delta-9 THC, and Delta-10 THC all occur naturally in the cannabis plant, and all three are isomers of the same molecule, tetrahydrocannabinol, or THC. It is the main substance to cause psychoactive effects in cannabis. Delta-8 and Delta-10 molecules are very similar in structure and can produce similar effects as Delta-9, though typically at a lower intensity. 

Learn more about hemp-derived Delta-9 THC here: Is Hemp-Derived Delta-9 Legal in America? 

What does “hemp-derived” mean?

Something that is hemp-derived is made from hemp. Because of its relation to marijuana, and coming from the same plant, it has faced uneven legality in the U.S. and other countries. 

The 2014 and 2018 Farm Bills (see next section) established new legal definitions and rules for hemp, including that hemp and “and any part of that plant, including the seeds thereof and all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers, whether growing or not, with a delta-9 tetrahydrocannabinol concentration of not more than 0.3 percent on a dry weight basis” may be legally used for production, sales, transport, and use. 

Hemp and hemp derivatives include many substances like cannabidiol (CBD), Delta-8 THC, Delta-9 THC, and Delta-10 THC. Any cannabis compound among these, and others, are federally-compliant for use in inhalable, edible, and topical products.

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Does the Farm Bill make Delta-8 THC legal everywhere? 

For many years in the U.S., cannabis was illegal, according to federal law, whether or not it contained THC, the main psychoactive chemical that occurs naturally in the plant. In the 2010s, the United States Congress enacted two groundbreaking pieces of legislation, called “Agricultural Acts” and commonly known as the Farm Bills. 

The 2014 Farm Bill removed hemp from the Drug Enforcement Agency’s (DEA) list of Schedule 1 substances, and this was the seed of hemp’s recent resurgence. The Bill made hemp federally legal and allowed long-forbidden research into hemp-derived cannabinoids to begin in earnest.

The 2018 Farm Bill expanded on this same category, allowing people to produce, sell, and consume hemp-derived products, making it clear to legal experts that all other plant materials and substances derived from legally-defined hemp are also federally-compliant [1]. and finished product made with substances

The legislation defines a cannabis plant with less than .3% of Delta-9 THC per dry weight as a hemp plant, or hemp, and allows it in all 50 states. A cannabis plant with more than .3% Delta-9 THC per dry weight is defined as marijuana and federal law still treats marijuana products as controlled substances on the Drug Enforcement Agency’s Schedule 1 list. This is despite the fact that many states allow medical use or adult recreational use of cannabis containing much more than .3% Delta-9 THC. 

Hemp is not a crime

The Farm Bill, from the federal government, defines hemp as: 

Hemp.–The term `hemp’ means the plant Cannabis sativa L. and any part of that plant, including the seeds thereof and all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers, whether growing or not, with a delta-9 tetrahydrocannabinol concentration of not more than 0.3 percent on a dry weight basis.

Most states passed similar laws in the year or years following the Farm Bill’s enactment allowing the sale of hemp products. Most of these adopted the same definition of hemp, and legalized hemp and hemp-derived products. So they are no longer DEA controlled substances.

To learn about Virginia’s neighbors, check out Is Delta-8 Legal in Kentucky?, Is Delta-8 Legal in North Carolina?, and Is Delta-8 Legal in Maryland?

For all 50 states, read Is Delta-8 THC Legal in Your State?

Does Virginia have recreational marijuana?

In 2021, Virginia launched new legislation to allow adults 21 and older to personally use and cultivate marijuana. SB 1406 and corresponding HB 2312 also established a regulatory framework for commercial cannabis production, testing, manufacturing. The law set retail sales to begin by 2024 [2].

In Virginia, possession of up to an ounce of marijuana in public is legal, as is the cultivation of up to four cannabis plants per household. Sale and purchase are not yet permitted, but it is not illegal for adults to share up to an ounce in private [3].

Does Virginia have medical marijuana?

Virginia legalized medical marijuana as far back as 1979 for glaucoma and side effects of chemotherapy, but without a federally legal means to prescribe marijuana, the law was essentially useless for many years [2].

House Bill 1445 passed in 2015, permitting the use of CBD oil for treatment of epilepsy. This set the table for 2018 when the Virginia State Board of Pharmacy approved a plan to launch a medical marijuana dispensary system, the first of these official dispensaries opened in 2020 [2]. Virginia law now certifies the “use of cannabis oil for treatment [4].”

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Delta-8 in Virginia

In Virginia hemp-derived Delta-8 THC is allowed. It is federally legal according to the Farm Bill, and complies with Virginia state law regarding CBD products and other types of goods from hemp plants, ie. Delta-8 THC. Virginia Code § 3.2-4112 defines hemp apart from marijuana, following the parameters set by the Farm Bill. 

Delta-8 THC in Virginia—final thoughts

Virginians are fortunate to have easy access to Delta-8 and options for using marijuana as well, depending on the potency they’re after. Until lawmakers at the national level can achieve legalization for all the states in the future, folks in Virginia have the advantage. That’s because possession of all the popular types of cannabis are legal in Virginia. You can order the best Delta-8, Delta-9, and Delta-10 online for fast delivery nationwide. 

Disclaimer – Information is provided for educational purposes. It does not, and is not intended to, constitute legal advice or medical advice. We attempt to be accurate and up to date but the legality and science surrounding cannabinoids is evolving. The author is neither a lawyer nor legal expert, doctor nor medical expert. You should check with your local authorities and medical providers before buying or using any products.


  1. HIA Position on Delta-8 and Hemp Cannabinoids
  2. Wikipedia: Cannabis in Virginia
  3. Va NORML: Legalization FAQs
  4. VA Law: Use of Cannabis Oil 
  5. With Legal Weed Hard to Buy in Virginia Delta-8 Fills the Void

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Frequently Asked Questions

Yes, there are no restrictions and the Farm Bill permits this. Though products are federally-compliant, individual states may have their own regulations about purchasing or using hemp-based THC products, and these are subject to change. You should check your state and local rules before making an order.

People may feel high after using THC products. Products with THC, even at low dosages, have the potential to produce psychoactive effects. The strength of the effects on a particular person will be different depending on a few things: dosage level, body weight, food or other substances in the system, and experience/tolerance level of THC, and personal body chemistry.

A certificate of analysis (CoA) is a document attesting to a product’s laboratory analysis for cannabinoids and in some cases adulterants, heavy metals and pesticides that may occur in the manufacturing process. It is a useful tool for companies and customers alike, intended to ensure quality and trust.

Products with THC, even at low dosages, have the potential to cause psychoactive effects. While products have a suggested dosage listed on each package, the strength of the effects on a particular person will be different depending on a few things: the dosage level, body weight, food or other substances in the system, personal body chemistry, and experience level or tolerance of THC.

Generally speaking,  it is recommended that you start with the lowest dose, ie. 5mg to 10mg, and gradually increase it until you reach satisfactory results. Consult your healthcare provider with specific questions about using any therapeutic products.

An isomer is one of two or more compounds that contain the same number of atoms of the same elements but differ in structural arrangement and properties.