Delta-8 and Hemp THC Laws in Virginia

How Virginia law treats delta-8 and hemp thc products, from the state code and official state agencies.

Short answer: Virginia caps the THC in any hemp product sold at retail, including delta-8 and other intoxicating hemp cannabinoids, because 'tetrahydrocannabinol' covers any natural or synthetic THC and its isomers: a product may contain no more than 0.3 percent total THC and, since August 15, 2026… Va. Code §§ 4.1-600; 3.2-4112; 3.2-4122; 3.2-4123; 3.2-4126(B); 18.2-371.2

Delta-8 and hemp THC products	Virginia caps the THC in any hemp product sold at retail, including delta-8 and other intoxicating hemp cannabinoids, because 'tetrahydrocannabinol' covers any natural or synthetic THC and its isomers: a product may contain no more than 0.3 percent total THC and, since August 15, 2026, no more than two milligrams of total THC per package. Selling smokable or edible hemp products requires a regulated hemp product retail facility registration for each location; products containing THC must be in child-resistant packaging and labeled with THC content and that they may not be sold to anyone under 21, and smokable hemp products may not be sold to anyone under 21. Selling a product over the THC limits or without registration carries a civil penalty of up to $10,000 per day. Definitions: https://law.lis.virginia.gov/vacode/4.1-600/ . Several versions with staggered effective dates exist (2026, c. 1016; 2026 Sp. Sess. I, c. 1); §§ 3.2-4122 to 3.2-4126 are set to be repealed July 1, 2027 when the rules move to Title 4.1, chapter 17. Source: Va. Code §§ 4.1-600; 3.2-4112; 3.2-4122; 3.2-4123; 3.2-4126(B); 18.2-371.2

Delta-8 and hemp THC products

Virginia caps the THC in any hemp product sold at retail, including delta-8 and other intoxicating hemp cannabinoids, because 'tetrahydrocannabinol' covers any natural or synthetic THC and its isomers: a product may contain no more than 0.3 percent total THC and, since August 15, 2026, no more than two milligrams of total THC per package. Selling smokable or edible hemp products requires a regulated hemp product retail facility registration for each location; products containing THC must be in child-resistant packaging and labeled with THC content and that they may not be sold to anyone under 21, and smokable hemp products may not be sold to anyone under 21. Selling a product over the THC limits or without registration carries a civil penalty of up to $10,000 per day.

Definitions: https://law.lis.virginia.gov/vacode/4.1-600/ . Several versions with staggered effective dates exist (2026, c. 1016; 2026 Sp. Sess. I, c. 1); §§ 3.2-4122 to 3.2-4126 are set to be repealed July 1, 2027 when the rules move to Title 4.1, chapter 17.

Source: Va. Code §§ 4.1-600; 3.2-4112; 3.2-4122; 3.2-4123; 3.2-4126(B); 18.2-371.2

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FAQ

Is delta-8 legal in Virginia?

General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.