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Delta 8 THC in Virginia - Is It Legal?

The state of Virginia is known as "the birthplace of a nation."  The American Revolution, the Civil War, the Chesapeake Bay, blue crabs, and tobacco fields—all of these are associated with Virginia. The history and culture of Virginia are rich. What about the history of cannabis and Delta-8 in Virginia? The federally legal product Delta-8 THC derived from hemp is becoming increasingly popular in the U.S. Its legality is a big question for many people, especially those living in states where marijuana is legal. Let’s dive right into Delta-8’s legality in Virginia, aka the Old Dominion. Related article: What is Delta 8 THC?

Is Delta-8 Legal in Virginia?

Yes, the majority of legal professionals concur that it is acceptable to purchase and possess Delta 8 THC in Virginia, with the exception of edible products. The majority of American states don't explicitly address Delta 8 THC. Only the concentration of Delta 9 THC in various products or natural sources is evaluated by the federal government to establish its legal status. On this issue, the majority of U.S. states adhere to the identical regulations set forth by the federal government. According to these regulations, items containing Delta 8 THC must have a Delta 9 THC concentration below 0.3% in order to be legal. Additionally, hemp rather than marijuana must be used to create all extracts. The 2018 Farm Bill, which was signed by Donald Trump, stipulated that marijuana and hemp were two distinct things. Everything made from hemp is regarded as a food supplement as opposed to a drug, per the measure. This indicates that it is acceptable to buy and sell these things. Whether or not delta 8 THC was formally regulated by the US was unclear for the previous few years. A report published in the 2020 Federal Register of the United States was more succinct and precise in addressing these compounds, yet it only made the situation more unclear. You can also Like Delta 8 THC in Louisiana, Virginia has also adopted a more rational approach to hemp.

Cannabis Policy in Virginia

The simple possession of up to one ounce of marijuana is now only subject to a $25 civil fine in Virginia after lawmakers there recently approved a bill to decriminalize it. HB5058 also prohibits police from searching your car if it smells like marijuana. All of this is a fantastic beginning on the path to legalization, and we are eager to see what the cannabis industry in Virginia has in store for the future.

Can You Buy Delta 8 In Virginia?

Fortunately for you, purchasing Delta 8 and other hemp-based products is a simple procedure. You can purchase hemp products from licensed merchants in Virginia if you are at least 21 years old and have genuine identification. Every state has its own requirements, so if you intend to travel outside of your own state with Delta 8, be sure to check the rules of the states you enter. On our website, ATLRx, you'll be able to see which states have legalized Delta 8.

What Age Must You Be To Purchase Delta 8 THC In Virginia?

To purchase Delta 8 THC products or any hemp-derived goods in Virginia, you must be at least 21 years old. This is also the same age requirement that we at ATLRx require of our customers.

Virginia's Delta-8 Legislative History 

Virginia's Bill 1839, a significant piece of legislation that allowed the manufacturing of chemicals derived from hemp, including delta-8 THC, as well as its planting and cultivation, was passed in 2019. In 2020, Virginia's Drug Control Act was modified or expanded to include explicit classifications of marijuana and hemp. According to state legislation, hemp is distinguished from marijuana under Section 54.1-3401. Similar to this, Section 54.1-3446 eliminates all tetrahydrocannabinols derived from hemp from its list of Schedule I restricted substances. However, due to modifications made to 58.1-301 of the Virginia Code by House Bill 30, the state now forbids and controls the use of delta-8 derived from hemp in foods and beverages. The revisions prohibit the sale of Delta-8 food and drink items containing more than 0.3% THC to anyone under the age of 21, and they will only be offered in medical cannabis dispensaries with a state license. Before entering the market, Delta-8 manufacturers must adhere to new packaging, labeling, and testing regulations. The implementation of these changes began on July 1, 2022.According to a press release from the Virginia Department of Agriculture and Consumer Safety (VDACS), Delta-8 and other chemically produced substances are not allowed in food and beverage products.

Is Marijuana Legal For Both Medical and Recreational Use in Virginia? 

Yes. The use of marijuana for medical and recreational purposes has been legalized in Virginia. Since the passage of SB 976 in 2020, patients with a qualifying illness or condition may use medical marijuana. On July 1, 2021, marijuana use became legal in Virginia, but with some restrictions. One ounce of cannabis may only be in the possession or use of recreational users. Cannabis cannot be exchanged for money until 2024, when dispensaries are set up. Cannabis sharing and four residential plants are permitted (for now).

Buying Delta-8 Products in Virginia 

Even though the VDACS forbade the purchase of Delta-8 edibles, some Delta-8 THC products are still legal to purchase in Virginia. Physical retailers and head shops market hemp-derived Delta-8 oils, vapes, and other non-edible goods. Virginia is home to a large number of retail establishments, especially in the state's larger cities and towns, including Richmond, Baltimore, Charlottesville, and Richmond. If none of these places are close to you or if you don't want to drive, look through our extensive list of online Delta-8 businesses and suppliers. Every single one is prepared to be shipped to your address in Virginia.

Which Kind of Delta-8 is Legal in Virginia?

Delta-8 THC produced from hemp in accordance with the 2018 Farm Bill is completely legal and available in Virginia, so long as it isn't added to usable goods like food or beverages. According to the requirements of the Farm Bill, hemp cannot contain more than 0.3% THC and yet be considered federally legal. Anything above this is regarded as marijuana, which is a controlled substance subject to federal regulation. However, since marijuana use for recreational purposes is now legal in Virginia, Delta-8 in weed is allowed by state laws. 

Can You Travel to Virginia with Delta-8?

Yes, but it has to follow VDACS regulations. If you intend to go to Virginia with Delta-8 gummies and similar products in your possession, proceed with caution. Because hemp-derived Delta-8 is currently regulated and restricted in the state, carrying illegal delta-8 products across state lines could result in your arrest. We advise getting in touch with VDACS if you want further details. Additionally, it is legal to transport delta-8 THC from Virginia into nearby states like West Virginia, North Carolina, Tennessee, Washington, D.C., and North Carolina.

Upcoming Legislation in Virginia that Could Possibly Change The Legality of Delta-8 THC?

Although Virginia won't be passing any new laws that would make delta-8 illegal, the federal government and the Drug Enforcement Agency (DEA) are beginning to close in. Midway through 2020, the DEA published an Interim Final Rule (IFR) in an effort to confirm the legality of delta-8 and other cannabinoids that it considers to be "synthetically derived" under federal law. Why would Delta-8 be considered artificial? The structural isomerization method is frequently used in laboratories to produce delta-8 from CBD. This procedure transforms CBD into delta-8 by slightly altering its chemical structure. Delta-8 will be considered federally banned under Schedule I of the Controlled Substances Act if the DEA classifies this procedure as synthetic. Because of this, some American jurisdictions have already restricted or even banned delta-8.

Is a Medical Marijuana Card Required to Purchase Delta-8 THC in Virginia?

No, fortunately, as long as the product is made from hemp, you can purchase or order Delta-8 THC products in Virginia without a medical card. To buy items containing Delta 8 THC that were manufactured from marijuana, you must have a medical card.

Is Marijuana Legal in Virginia?

Yes, marijuana is legal for recreational use in Virginia, but there are few restrictions on personal possession. Per household, a maximum of four plants or one ounce of marijuana is permitted.

What Virginia's Plans are for Delta-8 THC?

As we've already covered, the Federal Law and the 2018 Farm Bill both permit the use and sale of Delta 8 THC products in Virginia, but only if they are made from hemp plants and have a Delta 9 THC content below the federal maximum of 0.3%. Although marijuana use is still prohibited in Virginia, the state is on track to legalize all forms of the drug in the coming years. By 2025, most analysts anticipate that Virginia and the entire United States will have legalized marijuana and all of its derivatives.

What Forms Of Delta 8 Are Available Online?

You can see that ATLRx carries a wide range of various Delta 8 products if you shop there. The full range of products is available at ATLRx, including distillate, concentrates (wax, shatter, diamond), flower, pre-rolls, moon rocks, and much more. Regardless of your preferences, ATLRx has a product for you. The majority of the items we sell are available in various sizes, strains, potencies, and price ranges.

Where Can I Find The Best Online Delta-8 Products?

There is only one store you should visit if you want to buy hemp-derived products online, and that store is ATLRx. Delta 8 distillate, which is present in Delta 8 flower and Delta 8 moon rocks, is the primary ingredient in the majority of ATLRx D8 products. For those who would rather dab, there is also Delta 8 shatter on hand. Consider purchasing Delta 8 joints that have already been rolled if rolling your own joints is not your preferred method. To make each and every one of the products, the top American hemp growers used premium hemp that had passed independent laboratory testing. Visit our website today to learn more about our premium Delta 8 products and all of our other premium hemp-derived products. 

Conclusion: Is Delta 8 Legal in Virginia

Yes, for now, Delta 8 is legal in Virginia, but it follows strict guidelines from VDACS. It is irritating but not surprising that delta-8 made from hemp and other synthetically made substances are banned from being used in food and beverages. Many US states are wary of synthetically derived cannabinoids as a result of recent delta-8 crackdowns and other cannabis industry-related events. The good news is that you may purchase Delta-8 goods made from hemp both online and offline, but not edibles.