Is THC Legal in Virginia?

Find out if THC is legal in Virginia and what regulations are in place regarding its sale and consumption.

Is THC Legal in Virginia?

THC Delta-8 derived from hemp that meets the Farm Bill requirements is perfectly legal and accessible in Virginia, as long as it is not found in edible products, including beverages and foods. For hemp to comply with federal regulations according to the Farm Bill guidelines, it must contain no more than 0.3% THC. Delta-8 THC is a federally legal way to get high. But now, Virginia's attorney general is cracking down on Delta-8's THC sales for health reasons for children.

That makes some of the state's hemp companies want to move, and others are taking their jobs. When you enter Happy Hempo, in Hampton's Phoebus neighborhood, you can feel like a child walking into a candy store. The VDACS communication will also inform recipients that additional labeling rules are pending as a result of budgetary language and that, once in force, these rules will also apply to any industrial hemp extract intended for human consumption containing THC. He said he wants to work with the state to find a way to regulate the chemical instead of banning some products.

For example, the amendments prohibit the sale of products in the shape of a human, animal, vehicle or fruit, as well as the use of packaging or labels similar to existing food products. Wagoner recently set up a stand at the Lucky Leaf Expo in Richmond, but as the attorney general threatened to fine, none of his Delta-8 products were on display. “But I think they should go out and talk to some of these manufacturers and really find out what the products contain and what they do for people before making the decision to get rid of them,” Honaker said. Many of these chemically synthesized cannabinoids have an intoxicating effect similar to that of THC delta-9, the cannabinoid that produces the “high” associated with marijuana.

But it's a particular product from her shelves — and from other business owners like her — that is drawing national attention. The amendments would have prohibited the sale of an industrial hemp extract, a food containing an industrial hemp extract, or a hemp product intended for smoking that (contains) a total THC content (including delta-8, delta-9 and delta) greater than 0.3% or (contains a “delta-8” of synthetic THC). In Virginia, it is now illegal to sell consumable products, such as groceries and beverages, that contain the chemical. Companies cannot offer for sale or sell an edible or inhalable product containing THC in a package that mimics a trademark or other famous or identifying mark.

The press release characterizes THC delta-8 as a “chemically synthesized cannabinoid” and states that “any chemically synthesized cannabinoid is a food adulterant and anyone who makes, sells or offers for sale a chemically synthesized cannabinoid, including THC delta-8, as a food or drink violates the Virginia Food and Beverage Act. He said that the VDACS agency warned companies on July 1, suddenly asking for the sale of Delta-8 products to stop immediately. The Virginia Department of Agriculture and Consumer Services (VDACS) and the Virginia Attorney General's Office (OAG) are taking steps to address the retail sale of certain products containing tetrahydrocannabinol (THC), in response to provisions included in the budget recently approved by the General Assembly and signed by Governor Glenn Youngkin. In addition, the VPCA prohibits companies from manufacturing, offering for retail sale, or retail selling a food containing an industrial hemp extract or a substance containing THC that represents or has the shape of a human being, animal, vehicle or fruit.

Intoxication can cause adverse effects similar to those seen during THC delta-9 poisoning and may include lethargy, uncoordinated movements, decreased psychomotor activity, increased heart rate that progresses to a slower heart rate, low blood pressure, difficulty breathing, and sedation.