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Delta-8 THC remains legal in Virginia. Although the state’s governor tried to amend an April 2022 bill that would have made delta-8 THC illegal, the senate rejected the bill.
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.
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 remains legal in Virginia. The bill was shelved until 2023, which means we might see further developments at that time.

Gleb is a freelance writer from Vancouver, Canada specializing in CBD and cannabis. He’s read thousands of studies on CBD and other supplements, helping him translate complex science into plain language. Gleb has tried and reviewed dozens of CBD brands and products, written third-party testing reports, and knows the CBD industry inside and out. When not writing, he likes to kickbox, travel, and tell everyone how awesome intermittent fasting is.
Hey Gleb, This bill was shutdown by the VA senate and delta8 remains legal in the commonwealth.
https://lis.virginia.gov/cgi-bin/legp604.exe?221+vot+SV1259SB0591+SB0591
Good to hear, thanks for the info. I’ll update