Is Delta-8 THC Legal in Virginia? (Nov. 2023 Update)

By | Updated on November 7, 2023

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Virginia passed an amended bill that essentially makes delta-8 illegal by limiting hemp products to no more than 2 mg and 0.3% THC per package. Read on for a detailed breakdown of delta 8 legality in the Old Dominion.


Delta-8 THC is banned Virginia, effective July 1, 2023. Products can’t contain more than 2 mg of THC per package, except for those with a 25:1 ratio of CBD to THC.

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Virginia Delta-8 THC Laws

Delta-8 is illegal in Virginia. Here’s a full rundown of the timeline of delta-8 THC legality in Virginia:

  • Hemp products became legal in Virginia in 2019.
  • In April 2022, the state governor Glenn Youngkin tried to amend Senate Bill 591 to ban delta-8 THC but the state Senate rejected the amended bill on April 27, 2022, keeping delta-8 THC legal in Virginia and shelving the bill until 2023.
  • A new bill (HB2294) limiting hemp products to 2 mg and 0.3% THC per package was passed by the state Senate and House in March 2023. But the governor didn’t sign the bill because of pushback from the state’s hemp industry and CBD users, who argue it will inadvertently make many full-spectrum CBD products illegal.
  • On March 29, 2023, Gov. Youngkin proposed a substitute bill that would exclude products with a CBD: THC ratio of at least 25:1 to make sure full-spectrum CBD products remain legal.
  • The amended bill was approved by the Virginia State Assembly on April 13, 2023, making delta-8 products illegal effective July 1, 2023
  • A group of Virginia hemp businesses asked for an injunction against the ban in October 2023, but the judge denied their request, noting that “delta-8 THC is a credible threat to the Virginia population”

The bottom line is that all delta-8 THC products are illegal in Virginia since they can only contain no more than 2 mg and 0.3% THC per package. The only exception is products with a 25:1 ratio of CBD to THC.

What is Delta-8 THC?

Delta-8-tetrahydrocannabinol (delta-8-THC) is a form of THC, the cannabis compound that gets you high. Cannabis plants naturally produce large amounts of delta-9, which is a different form of THC.

Delta 8 is weaker than delta 9 but can still get you high (1). Because its levels in cannabis are low, delta 8 is usually made from CBD through a chemical conversion process.

Why Delta-8 THC is Federally Legal

Delta 8 is legal nationwide due to a loophole in the 2018 Farm Bill. The bill legalized hemp products, limiting them to no more than 0.3% delta-9 THC.

Since other types of THC don’t have this limitation, hemp-derived delta 8 is technically legal.

Delta 8 is typically made from CBD, the most abundant cannabinoid in hemp plants. Manufacturers put pure delta-8 THC through a chemical conversion process to make delta 8.

States Where Delta-8 THC is Illegal

Each state has the power to make its own laws for delta 8 THC.

Delta-8 THC is currently illegal in 17 states: Colorado, Delaware, Hawaii, Idaho, Iowa, Massachusetts, Montana, New Hampshire, New York, North Dakota, Oregon, Rhode Island, Vermont, Utah, Virginia, Washington, and West Virginia.

The Future of Delta 8 in Virginia

Since Virginia OK’d recreational cannabis and is working on setting up a legal market, we might see delta-8 THC products sold at licensed cannabis retailers in the future. But we’ll have to wait and see.

6 thoughts on “Is Delta-8 THC Legal in Virginia? (Nov. 2023 Update)”

  1. So, for the people that actually genuinely benefit from the product have to fill their lungs with smoke and or vapor to get any relief? great! fml

  2. This is so dumb! I have had a chronic cough for 14 years, and the only thing that stopped me from killing myself was using the The Delta 8 gummy’s , now the Government wants to take it away just like they do everything else! I the Hate the USA for this and the FDA SUCKS


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