If you are interested in trying delta 8 and live in Virginia or spend some time in the state, you may want to learn the legal status of delta 8 THC in Virginia. The good news is that it is legal in Virginia.
You can legally enjoy delta-8 THC in Virginia, as long as it is hemp-based.
Virginia follows the example of the federal laws in regards to delta 8. Federally, this cannabinoid is legal as long as it comes from hemp. Remember that hemp’s legal definition is that it must not have more than 0.3% delta-9 THC.
As with the legalization of CBD, delta-8 THC is legal federally thanks to the 2018 Farm Bill, which legalized hemp.
There were some concerns in late 2020 when the DEA released its “Implementation of the Agricultural Improvement Act of 2018.” In this rule, the organization specifically mentioned THCs (tetrahydrocannabinols). It said that synthetically-produced THC is not legal.
This has led to some debate as to what that means. After all, delta 8 is natural and occurs naturally in hemp. However, it occurs in such low levels that much of the delta 8 currently for sale is synthesized to some extent.
Both sides of the issue are still debating how to interpret the law. For now, however, there have not been any moves to change the legal status of delta 8 or restrict the products available in the United States.
The following are the relevant laws in Virginia that legalize hemp.
Chapter 653, section 3.2-4112 defines hemp products. The definition is any product with industrial hemp that is otherwise lawful. It includes oils with industrial hemp extract, food additives, food, cosmetics, and rope, among other items.
This section defines industrial hemp as any part of the Cannabis sativa plant, including its derivatives, extracts, and seeds. Instead of explicitly stating the maximum delta-9 THC concentration to be considered hemp, the Virginia law says it must be within limits in the federal laws. These are currently 0.3%, but the law’s phrasing would not require adjustment if the federal government changed that threshold.
Drug Control Act
The other relevant law is the Drug Control Act. The definitions in section 54.1-3401 went into effect on July 1, 2020. This defines marijuana and specifically excludes industrial hemp from the definition.
Section 54.1-3446 of the same act looks specifically at Schedule I and THC. It says that tetrahydrocannabinols are controlled substances but specifically excludes industrial hemp and hemp products.
Where to Find Delta 8 THC in Virginia
If you plan on enjoying delta 8 THC in Virginia, you have several options of where to get it. You can order online or look at brick-and-mortar stores. Although it can vary, some of the types of brick-and-mortar stores you are most likely to find delta 8 include smoke shops, herbal stores, shops with alternative remedies, and gas stations.
If you order online, you will have even more options to choose from. You will need to confirm that your chosen retailer ships to Virginia. Most that sell within the United States will ship to Virginia without an issue.
Consider shopping online if you want a wider selection of products and concentrations to choose from. Consider visiting a physical store if you want to get the product immediately.
Remember that many retailers now offer swift shipping, so you don’t necessarily have to wait long if you order online. Additionally, most online retailers have customer support, so you can still get the same level of expertise and help to choose a product as you would in a store.