Is Delta-8 THC Legal in Virginia? (April 2022)

By | last updated April 30, 2022

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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.

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