Delta 8 THC Virginia Legal Guide

Delta 8 THC Virginia Legal Guide


The popularity of Delta 8 soared when it filled the void of legal marijuana for many! It has been the first priority for everyone who wants to try cannabis or use it for medicinal purposes without worrying about its extreme effects. Delta 8 has been proven to be a blessing for people with poor sleep, digestive issues, lack of concentration, and more!

Research and statistics have revealed that searches and sales of Delta 8 have risen dramatically! Sales of this compound increased by 144% from April 2020 to April 2021, and google searches have been 22.3 million in just the first 8 months of 2021. 

And all thanks to the Agricultural Improvement Act, commonly referred to as Farm bill 2018, that directly or indirectly legalized this compound. 

Hello Virginia residents! If you are considering consuming, processing, selling Delta 8 products, or even cultivating hemp in your state, then don’t forget to read this guide! As we have discussed, all related to the legalization, age restriction, possession limits, and even how safe this compound is!

Let’s get it started, Shall we?

Is Delta 8 Legal in Virginia?

Yes, Delta 8 is legal in Virginia. 

Delta 8 THC Virginia Legal Guide

Virginia Delta 8 THC Legislation

Virginia legislature passed the house bill 1839 IN 2019 to sync the state laws with the federal laws, i.e, the farm bill 2018. The state adopted the bill with minor to no changes and gave some important definitions. 

The bill defined industrial hemp as any part of the cannabis plant, including seeds and any derivative, isomer, salt, cannabinoids, extract, salt of an isomer whether growing or not, with a concentration of THC that is no greater than that allowed by federal law. 

Further, it defined hemp products as any finished products that are otherwise lawful and contain industrial hemp that includes building materials, rope, automobile parts, animal feed, bedding, oil containing an industrial hemp extract, or food or additives for human consumption. 

The state laws went further to amend its drug control act to remove hemp-derived THC from the list of controlled substance act. 

In the wake of this legalization and popularity, an unregulated market was developed that was producing harmful products in the name of Delta 8. They took undue advantage of the legal gray area that remains unresolved to this day!

I don’t know if you have noticed it yet or not, but neither the federal law nor the state law talked about Delta 8. However, the state has never restricted the use of Delta 8, indicating the federal government and the state intend to make this compound legal, but we are not sure if that is the case.

Further, manufacturers faced a problem meeting the growing demands for this compound as Delta 8 naturally occurs in a minimal amount. Hence, manufacturers found other means of making it, one of which is isomerization which is nothing but facilitating an environment where CBD changes its molecular structure, i.e having similar chemical composition but different molecular structure. 

After this, an interim rule was published by the drug enforcement agency, which stated that:

“For THC that are naturally occurring constituents of Cannabis sativa L., any such material that contains greater than 0.3% of D9 -THC by dry weight remains a controlled substance in schedule I. The farm bill 2018 does not impact the control status of synthetically derived THC because the statutory definition of “hemp” is limited to materials that are derived from the plant Cannabis sativa L. For synthetically derived THC, the concentration of D9 -THC is not a determining factor in whether the material is a controlled substance. All synthetically derived THC remains a Schedule I controlled substance.”

The DEA created further confusion since it did not clarify what they meant by the phrase “synthetically-derived.” This is always an open-ended question. Many researchers believe that isomerization is a natural process that happens when compounds are exposed to the right conditions, and it just facilitates the process. 

What is Delta 8 THC?

Delta 8 is one of the 100 naturally occurring cannabinoids in the Cannabis Sativa plant, i.e., hemp and marijuana (Please note Delta 8 only derived from the hemp plant is legalized). An isomer of Delta 8, it is a psychoactive compound with 75% potency of Delta 8 THC. 

d 8 mango cartige

Buying Delta 8 in Virginia

Purchasing delta has become way easier post-legalization. Now, you can find Delta 8 products online as well as offline. In online mode, you have a lot of brands selling top-quality products along with proper documentation related to lab testing, hemp source, etc., with discounts. 

You can find many more reasons to buy Delta 8 products online, such as the convenience of ordering online, the availability of more Delta 8 varieties, and fresh inventory. Some of the best places to buy online are:

Exhale wellness
Diamond CBD

Offline, you can find Delta 8 products in vape stores, dispensaries, head shops, CBD stores, retail stores. There are retail stores in cities like Baltimore, Richmond, etc. If you buy offline, be very careful since there have been instances where retailers did not have enough proof that the Delta 8 product was of good quality. Check the documentation, brand, hemp source, reviews, and product quality before buying. 

Please avoid buying Delta 8 products from convenience stores, gas stations, and unlicensed business entities. As they barely care about testing requirements and lab reports. 

Delta 8 products are available in the form of vape cartridges, disposable vape pens, tinctures, gummies, capsules, edibles, CBD hemp flowers, topicals, dabs, oils. 

Traveling to and From Virginia With Delta 8

There’s no hard and fast answer to this. Federal and state laws have given a free hand on cross-border transportation of this compound. A problem can arise if it is transported or if someone is carrying it for consumption in his car while entering into a state where it is not legal. If this is the case, you could get in trouble and be investigated by the local police station.

If you are traveling by air, check with your airlines if they have any issues if you carry this compound. However, the Transportation and Security Administration(TSA) amended the policy to allow passengers to travel with hemp-derived Delta 8. The authority also clarified that their role includes searching for weapons and ensuring passengers’ safety. TSA officers do not specifically look for drugs and compounds in most circumstances. 

However, as Delta 8 can easily be confused with Delta 9, there might be chances that you can face an inquiry. To avoid that, you can carry Delta 8 gummies which look similar to normal gummies, and carry documentation to prove that it is Delta 8 that contains the allowed levels of THC content. 

If you are flying internationally, triple-check the laws before leaving, each country has its own cannabis laws that you could be prosecuted for violating. So, in that case, it’s best NOT to carry Delta 8. Happy Traveling!

Recreational and Medical Marijuana Legal Status in Virginia


Yes, Medical marijuana is legal in Virginia. The state enacted comprehensive medical cannabis law in 2017 that permitted patients with intractable epilepsy to use cannabis oil with doctor consultation and certification. Virginia is the 34th state to legalize medical marijuana. The possession limit allows for up to 4 ounces per 30 days to be dispensed to a patient. 

Further, any person who manufactures marijuana or possesses it with the intent to manufacture such substance, not for personal use, is guilty of a felony and will be punishable by mandatory imprisonment of not less than 5 nor more than 30 years and a fine not to exceed $10,000. 

Do you Have to be 21 to Buy Delta 8 in Virginia?

Not really. Neither the state nor the federal laws specify the age for purchasing Delta 8. Some states, however, have set a minimum age of 21 to buy it. Hence, the retailers might ask you about your age and only sell you the product if you are 21 years of age or above. You can buy Delta 8 online and get it shipped to your doorstep to remove this barrier. 

Frequently Asked Questions

Question: Is Delta 8 THC Safe?

Answer: Delta 8’s popularity was due to the fact that people thought it would provide them with similar effects as marijuana, but it would not harm them, but it’s wrong! Delta 8 has side effects too. Another issue is that the hemp market is unregulated. Delta 8 products are not evaluated or approved by the FDA. 

The FDA is aware of the growing risk and how this drug is marketed. The FDA even issued a warning regarding the increased number of cases reported to poison control centers and the number of patients who ended up in the hospital and intensive care. It is considered safe and effective if used in a limited amount or as per the dosage. 

Question: How Many Marijuana Plants Can I Grow in Virginia?

Answer: Home cultivation of marijuana plants was legalized on July 1, 2021. With this legalization, Virginia becomes the 17th and 1st state in the south to legalize adult cannabis. House bill 2312 and the senate bill introduced by governor Northam laid out a 3-year process to legalize cannabis and create a regulatory framework for the product’s sale. 

People can cultivate 4 marijuana plants per household for personal use(Please note it is NOT per person but per household). The plants should be grown at the primary residence and not visible from a public street. Each plant should be labeled with a driver’s license and owner’s name. The grower should be at least 21 years of age and should prevent minors from accessing the plants.

Question: Can Delta 8 THC be Detected on a Drug Test?

Answer: That depends on a variety of factors. It can be detected up to 90 days after consumption. It also depends on the test that is being done. Please note that there’s a lot of difference between the effects Delta 8 has on your body and the duration in which it can be detected. 

It can be detected long after you have consumed it. For example, THC can be detected 24 hours before the test in a saliva test. In a blood test, THC can be detected if it has been consumed 3-4 hours before. In a hair test, THC can be detected over 3 months before the test. 

These time durations are just approximations to help you prepare for the test. 

Question: Is CBD Legal in Virginia? 

Answer: Yes, CBD derived from hemp is legal in Virginia. 

The Future of Delta 8 in Virginia

Virginia has been a progressive state in matters of legalization, whether it has been Delta 8, medical marijuana, or marijuana. It appears that there won’t be legislation restricting or banning the use of Delta 8 in the state anytime soon. Still, it will expand their arena relating to buying, selling, and possession of other cousins of Delta 8.

Continue reading:

How to Find the Best Delta 8 Oil

How to Find the Best Delta 8 Syrup

Delta 8 THC North Carolina Legal Guide


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