Question 1

Is Delta-8 legal in Virginia?

Accepted Answer

Delta-8 THC is effectively banned in Virginia. SB 903 (2023) is a restriction, not an authorization: it imposes a 0.3% total-THC limit, a 2 mg total-THC-per-package cap, and a synthetic-THC ban, which together prohibit typical intoxicating Delta-8 products at retail. The Fourth Circuit upheld the law in Northern Virginia Hemp v. Virginia (January 7, 2025).

Question 2

Can I buy CBD in Virginia?

Accepted Answer

CBD is legal in Virginia. Non-intoxicating hemp-derived CBD products are widely available in retail stores, wellness shops, and online, subject to the SB 903 labeling and testing rules.

Question 3

What is the age limit for hemp products in Virginia?

Accepted Answer

The minimum age to purchase hemp products in Virginia is 21.

Question 4

Will hemp products be legal in Virginia after November 2026?

Accepted Answer

Virginia already restricts hemp-derived cannabinoids through SB 903's 2 mg total-THC-per-package cap and synthetic-THC ban, and is standing up an adult-use cannabis program. Section 781 of H.R. 5371 (Continuing Appropriations and Extensions Act, 2026, Pub. L. 119-37), effective November 12, 2026, imposes a 0.4 mg total-THC-per-container cap that tightens the state's existing limits, so the additional impact is medium.

Compound	Status	Details
Delta-8 THC	❌Banned	Delta-8 THC is effectively banned in Virginia. SB 903 (2023) is a restriction, not an authorization: it imposes a 0.3% total-THC limit, a 2 mg total-THC-per-package cap, and a synthetic-THC ban, which together prohibit typical intoxicating Delta-8 products at retail. The Fourth Circuit upheld the law in Northern Virginia Hemp v. Virginia (January 7, 2025).
Delta-9 THC (Hemp)	⚠️Restricted	Hemp-derived Delta-9 THC is restricted in Virginia. Under SB 903, a consumable hemp product may contain no more than 2 mg of total THC per package (a 25:1 CBD:THC exception is eliminated August 15, 2026), so only very-low-dose products qualify.
CBD	✅Legal	CBD is legal in Virginia. Non-intoxicating hemp-derived CBD products are widely available in retail stores, wellness shops, and online, subject to the SB 903 labeling and testing rules.
THCA	❌Banned	THCA is effectively illegal at retail in Virginia. Because SB 903 measures total THC (including THCA) against a 0.3% and 2 mg-per-package cap, high-THCA flower and products cannot be sold as hemp.
HHC	❌Banned	HHC is effectively banned in Virginia under the SB 903 synthetic-THC prohibition and the 2 mg total-THC-per-package cap.
Delta-10 THC	❌Banned	Delta-10 THC is effectively banned in Virginia under the SB 903 synthetic-THC prohibition and the 2 mg total-THC-per-package cap.
THC-O	❌Banned	THC-O is banned in Virginia as a synthetic cannabinoid. It is prohibited under SB 903 and is not protected under the Farm Bill.
THCP	❌Banned	THCP is effectively banned in Virginia. As an intoxicating synthetic-adjacent cannabinoid it is captured by the SB 903 synthetic-THC ban and the 2 mg total-THC-per-package cap.

Hemp Laws in Virginia

CBD in Virginia

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Where to Buy Hemp Products in Virginia

2026 Federal Law Impact on Virginia

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