Delta 8 THC is a derivative of the cannabis plant. It’s a cannabinoid with properties that resemble delta 9 THC, which is the primary ingredient in marijuana.

These two cannabinoids are similar, but there are some important differences between the two.

Delta 8 THC used to be legal in Virginia, but in 2023, its legal landscape changed when lawmakers passed Senate Bill 903. This state legislation places a total THC cap of 0.3% on all hemp based products, banning high levels of delta 8 THC and other THC isomers.

Marijuana and delta 9 THC though are already legal in the state of Virginia, having legalized medical cannabis use in 2020 and adult or personal use in 2021.

In this guide, we’ll explore the laws and rules regarding delta 8 THC in the state of Virginia in detail.

Is Delta 8 Legal in Virginia?

Delta 8 is now banned in Virginia after the state passed Senate Bill 903.

After years of being available in the legal retail market and local stores, the revisions prohibit the sale of hemp products with high concentrations of delta 8 THC and THC isomers and placing a cap of 0.3% total THC.

To understand how delta 8 in Virginia ended up from being legal to banned, let’s discuss the federal law, 2018 Farm Bill or Hemp Farming Act of 2018, first.

When this bill was signed into law, it legalized the industrial hemp plant (Cannabis Sativa L) at the federal level. This means that all parts of the plant, from its flowers to its leaves, stalks, stems, and seeds thereof are now legal to consume and sell. It also legalized non-psychoactive CBD and other cannabinoids including CBN and CBG.

However, the bill also accidentally legalized other hemp derived products that have intoxicating effects like delta 8. As per federal regulations, in order for delta 8 THC products to be federally legal, the delta 9 THC concentration should be below 0.3%. Additionally, all extracts need to be made from the hemp plant rather than marijuana. Any hemp plant containing more than the federal maximum is considered marijuana and remains federally illegal.

This loophole made delta 8 products very popular across the nation, that you’ll find them in head shops, vape stores, gas stations, and even convenience stores.

Because of concerns regarding delta 8’s production process, proliferation of inferior quality products, easy access to minors, and lack of standardized testing regulations to ensure consumer safety, other states moved to prohibit or impose restrictions on such products. 

Virginia law and the state’s definition of hemp initially aligned with the federal government, allowing hemp-sourced delta 8 products in the market. But in 2023, Senate Bill 903 was signed into law. This placed a cap of 0.3% total THC on all hemp products, which includes not just delta 9 THC but other forms of tetrahydrocannabinols derived from hemp as well, like delta 8 or delta 10.

For the past few years, it remained unclear whether delta 8 THC was officially regulated by the US or not. A 2020 United States Federal Register report came out to be more clear and concise regarding these substances, but it made it even murkier.

Where to Buy Delta 8 THC in Virginia

You won’t find delta 8 THC products throughout Virginia, the state having banned hemp products containing high levels of total THC, including isomers.

But if you reside in nearby states that allow delta 8, then you can purchase them in-store or online. However, buyers beware. There are a lot of shockingly low-quality cannabis products being sold at corner stores, gas stations, and dispensaries that are not fit for human consumption.

While we acknowledge we’re a little biased, we firmly believe the best source for any delta 8 products is online. There are several good reasons for this.

The benefits of ordering delta 8 THC online:

• Online shops have better pricing and seasonal discounts
• When you buy online you can read customer reviews & third-party tests before you buy
• Ordering online is easier and more convenient
• Online shops have a greater selection of products
• Products left on store shelves degrade more quickly

Shop For the Best Delta 8 THC Products in Virginia

Do I Need a Medical Card in Virginia to Order Delta 8 THC?

You won’t be able to buy delta 8 products in Virginia. But if you reside in a delta 8-friendly state, know that you do not need a medical marijuana card to buy or order delta 8 THC products as long as it’s derived from hemp.

Of note, Virginia made marijuana legal for both medicinal and recreational marijuana use in 2020 and 2021, respectively. For personal or recreational purposes, residents of legal age are allowed simple possession of up to one ounce or less of marijuana. They can also plant up to four plants.

If you’re interested in marijuana for medical use, you can check out the Virginia Department of Health Professionals and the Virginia Cannabis Control Authority for the steps and requirements.

Is Delta 8 THC Natural?

According to the current regulations of the DEA, all synthetically-derived THC substances fall under Schedule I controlled substances of the Controlled Substances Act.

However, delta 8 THC is found in trace amounts in both hemp and marijuana. It does not fall into this category because using one natural hemp derivative and converting it into another natural hemp derivative does not make it a synthetically derived THC substance or product.

As delta 8 THC occurs naturally in cannabis and hemp, most experts consider it to be naturally derived, with a chemical structure that’s almost similar to delta 9 THC. Called THC, delta 9 THC is the primary psychoactive compound found in cannabis plants. Both THCs activate the endocannabinoid system to produce psychoactive effects.

Delta 8 Vapes & The PACT Act: What Do I Need To Know? 

The US Congress passed the Prevent All Cigarette Trafficking Act (PACT Act) — which is referred to as the vape mail ban.

This law was passed before, but a new amendment was made to expand coverage to the electronic vaporizer market as well. 

This new amendment applied two changes in particular:

1. It instructed the Postal Service to stop the shipping of vaping products to residential addresses through the US Mail.
2. It added vape products to Prevent All Cigarette Trafficking Act (PACT Act).

The PACT Act covers CBD, delta 8, and delta 9 THC vaporizers and vape oils, as well as nicotine and nicotine-free e-liquids.

After the law passed, many private companies said that they would not deliver vape products anymore. DHL, FedEx, and UPS all announced that they would stop the shipping of vapes to avoid the numerous legal hurdles involved with the process.

PACT Act also requires all online retailers and sellers to contact and register themselves at the Bureau of Alcohol, Tobacco, Firearms, and Explosives before doing business.

It regulates the collection of taxes paid by online sellers, puts in place strict tax collection rules, and creates proper standards for the delivery of smokeless tobacco and similar products. This helps reduce the sale of vapes and other tobacco products to minors online illegally.

The PACT Act requires online sellers to do the following:

1. Verify the age of all customers through a commercial database (If you are ordering from a website that doesn’t verify the age of the consumers before selling, then you shouldn’t be- there is a probability that such companies may be involved in other illegal practices.)
2. Use private companies that collect an adult signature at the time of delivery.
3. Register with US Attorney General and ATF
4. Register with the local and state tax administration of the area of the business
5. Pay and collect proper state and local tax, including tax stamps on sold products
6. Send a monthly list of all transactions to the state tax administrator along with the name and address of each customer. The type of product and the quantity should be on the list. The list should have the name, address, and phone number of the person delivering the products.

How To Use Delta 8 THC?

There are many ways of using delta 8 THC.

Your choice will depend on how fast you want to feel the effects and the intensity of the experience you wish to have.

Delta 8 THC Gummies

Delta-8 THC gummies are the best way of masking the flavor of this hemp extract, which isn’t particularly well known for having a good flavor.

You can find delta 8 THC gummies in all different shapes, sizes, and flavors to suit your particular preferences.

Delta 8 THC Tinctures

Delta 8 oral tinctures are another common way to use. They allow you to administer precise doses of delta 8 THC when you need it and provide faster onset of effects by allowing the oil to absorb through the capillaries lining the base of the tongue.

Delta 8 THC Vape Cartridges

Vaping is the most common way of using delta 8 THC, and the effects kick in almost immediately.

Prefilled vape cartridges can be screwed onto a standard 510 threaded vape battery and replaced with a new cartridge when emptied.

Is Marijuana (Delta 9 THC) Legal In Virginia?

Virginia state law permits the recreational use of marijuana — however, possession limits are quite low. Only 1 ounce of marijuana or four plants are allowed per household.

Related: Where is marijuana legal in the United States?

Is Delta 10 THC Legal in Virginia?

Delta 10 THC is another version of the THC molecule. It also occurs in nature but in very small concentrations.

Its effects are similar to delta 8 and delta 9 THC but with a much more energizing or stimulating profile.

This cannabinoid falls under the same regulations as delta 8 THC and is also illegal in the state of Virginia.

What’s the Future of delta 8 THC in Virginia?

As we’ve discussed above, the use and sale of delta 8 THC products are illegal in Virginia, even if it’s derived from hemp with less than 0.3% THC. However, medical and recreational use of marijuana is legal in the state.

The hemp and marijuana landscapes are always changing, and it’s important that all interested parties — be it business owners, consumer services, residents, patients, and even legal professionals  — need to keep a close watch on the evolving hemp and cannabis regulations to always stay informed.

FAQs on Delta 8 and Other Cannabinoids in Virginia

Want to know if delta 8 and other cannabinoids have a legal status in Virginia? Then check out the FAQ section below.

1. Is Delta 8 Federally Legal in the USA?

Delta 8 is technically federally legal, as long as it’s derived from hemp with a THC level that doesn’t exceed 0.3%. However, some states have banned delta 8 and similar cannabinoids. So before buying or crossing state lines with delta 8 products, always check your local laws to avoid problems.

2. Is Delta 10 Legal?

Delta 10 is covered by the same laws that govern delta 8. While it’s federally legal if sourced from hemp, some states have banned the cannabinoid. Again, check your local laws before making a purchase.

3. How to Get Delta 8 in Virginia?

You won’t be able to purchase delta 8 in Virginia, the state having banned delta 8 and similar cannabinoids. However, medical and recreational marijuana are legal in the state.

4. Is Delta-9 Still Legal in Virginia?

Yes, delta 9 THC is legal in Virginia, both hemp and marijuana derived. The state has legalized marijuana for medical and recreational use.

5. Is CBD legal in Virginia?

Yes, hemp and marijuana derived CBD is legal in Virginia. The state legalized medical use in 2020 and recreational use in 2021.