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

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Delta-8 THC is partially legal in Virginia. The state banned the sale of food and drink products containing delta-8 THC whereas vape and tincture products are allowed.

Here’s a detailed breakdown of delta 8 legality in the Old Dominion.

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Virginia Delta-8 THC Laws

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 by changing the definition of marijuana to include any product with over 0.3% or more than 0.25 mg per serving/1 mg THC per package.

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.

Despite this, the Virginia Department of Agriculture and Consumer Services (VDACS) and Attorney General Jason Miyares announced on June 30, 2022, that the department considers food and drink products containing “synthetically derived” cannabinoids like delta-8 THC in violation of Virginia Food and Drink Law. We’ve included the key parts of the announcement below:

VDACS’ communication will advise that any chemically-synthesized cannabinoid is a food adulterant and any person who manufactures, sells, or offers for sale a chemically-synthesized cannabinoid, including delta-8 THC, as a food or beverage is in violation of the Virginia Food and Drink Law…

When VDACS identifies the production or sale of a food containing an adulterant, it will encourage voluntary compliance by asking the business to discontinue the practice. If voluntary compliance is not achieved, VDACS will utilize various escalating enforcement tools to achieve compliance, with the highest penalty prescribed under Virginia law a Class 1 misdemeanor.

VDACS Press Release

In other words, delta-8 gummies, cookies, beverages, and other edible or drinkable products are effectively banned in Virginia. Other types of products, including delta 8 vapes and tinctures, remain legal.

This was confirmed by a January 2023 Reddit post, where someone from Virginia posted about a VDACS official serving a cease and desist letter for selling delta-8 edibles.

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 14 states: Alaska, Colorado, Delaware, Idaho, Iowa, Montana, New York, Nevada, North Dakota, Oregon, Rhode Island, Vermont, Utah, and Washington.

The Future of Delta 8 in Virginia

For now, delta-8 THC is partially legal in Virginia. The bill that was meant to ban all delta-8 products is shelved until 2023, which means we might see further developments at that time.