Cannabis laws are rarely straightforward—they vary by state and by product type, especially with hemp-derived compounds like CBD and THCa. Virginia, in particular, has a long history with cannabis; in fact, early American farmers—including some Founding Fathers—grew hemp right in Virginia’s soil. Fast forward to today, and the laws have shifted dramatically. So where does Old Dominion stand now—is CBD legal in Virginia?
The Farm Bill went into effect in 2018, legalizing hemp-derived products on a federal level. Many states followed suit, including Virginia. However, CBD laws are always subject to change. It’s also important to understand all aspects of cannabis-related Virginia law. This article will break it down for you so you can feel safe when you consume cannabis in Virginia, whether you live in the state or are just stopping by for a visit.
Virginia CBD Laws Explained: Everything You Should Know
Virginia’s CBD laws have steadily evolved, starting with Senate Bill 955 (SB 955) in 2015 and House Bill 699 (HB 699) in 2016, which laid the groundwork for legal hemp cultivation. The biggest shift came with House Bill 1839 (HB 1839), a pivotal bill that established clear guidelines for selling and using CBD products. Thanks to this legislation, consumers in Virginia can now legally access hemp-derived CBD with confidence. But what does this mean for residents of Old Dominion? Here’s a breakdown of current Virginia CBD and hemp laws.
Current Virginia Hemp Laws: From THC Limits to Industry Oversight
- Categorization. House Bill 1839 set categories ensuring industrial hemp grown for CBD was not confused with marijuana-derived products.
- THC Thresholds. HB 1839 aligns with the federal Farm Bill, legalizing products with a THC level of 0.3% or less. Hemp-derived CBD products with a higher THC ratio are illegal.
- Limits of Possession. Virginia law does not set possession limits. Therefore, consumers can purchase CBD products derived from hemp in any quantity they choose, provided they contain 0.3% THC or less.
- Dealers. The law designates a role for dealers in the cannabis industry. They are not growers or processors and do not have a hand in manufacturing. Rather, they are responsible for selling hemp products directly to clients. All dealers, growers, and processors must follow local cannabis laws.
- Plant Destruction Threshold. Although Virginia state law maintains cannabis plants, hemp in particular, must have a THC threshold of 0.3%, growers can grow plants with up to 0.6% content without them being destroyed. They may also request additional tests for plants with 0.1% THC content.
- Abolition of the Hemp Research Center. Before CBD products were legalized, growers and processors were required to operate under the state-operated Hemp Research Center. After HB 1839 went into effect, Hemp Research Center oversight was no longer needed, opening up new options for cannabis industry professionals.
- THC Testing Fee. Testing is necessary to ensure hemp products do not exceed the 0.3% THC threshold. The House Bill allows state commissioners to charge growers and processors who require testing services.
- Exploration of Economic Benefits. Virginia legislature requests that CBD product manufacturers, industrial hemp growers, and other CBD-related entities monitor the economic impact of CBD legalization to determine how it improves the state’s profitability.
Is CBD Legal in Virginia?
Yes, hemp-derived CBD is legal in Virginia as long as products containing 0.3% or less THC are in them. However, consumers must remember the following regulations when purchasing CBD in Virginia.
- Hemp-Derived CBD Products. CBD and other hemp-derived products, including CBD oil, CBD gummies, and CBD vape pens, are legal in Virginia, provided they have a THC content of 0.3% or less.
- Regulation by VDACS. The Virginia Department of Agriculture and Consumer Services (VADCS) oversees all CBD sales, cultivation, and manufacturing, ensuring legal compliance.
- No Age Restrictions. There are no general age restrictions on purchasing and using CBD products. However, you must be 21 or older to buy and consume smokable CBD products. Additionally, some stores will not let you purchase industrial hemp extract and other cannabis products if you are under 18.
- Interstate Commerce. CBD and other legal cannabis products can be shipped to and from Virginia under USPS guidelines supporting the industry throughout the country.
- Counseling Compact Compliance. As of Jan. 1, 2024, Virginia adheres to the Counseling Compact, allowing licensed counselors to practice in other compact member states without additional licensing, possibly affecting counseling related to CBD use.
- Availability of CBD Products. CBD is available at several dispensaries throughout Virginia. It may also be ordered online and shipped to a Virginia resident.
Is Medical Cannabis Legal in Virginia?
Yes, medical marijuana is legal in Virginia! But what about medical marijuana? Virginia offers a medical marijuana program for people with qualifying conditions. If you are diagnosed with an approved condition, you may obtain a medical cannabis card and buy products with THC levels up to 10% at licensed dispensaries.
Key Points To Consider When Buying CBD
CBD is non-euphoric, but that doesn’t mean it’s not subject to the dangers of the cannabis industry. Cannabis is still highly unregulated. As a result, many manufacturers are not entirely honest about what they put in their products. They may not be as pure and potent as advertised.
However, you can ensure you purchase quality products by looking for the following characteristics.
- Third-Party Lab Testing. Most reliable manufacturers use third-party testing. Products are sent to a lab to test the ingredients. The results should be posted on the manufacturer’s website, or you may request a copy via email.
- Quality Sources. Ensure you buy CBD from a reputable company. Look at online reviews to verify their history of positive consumer relationships in their community. They should also source their hemp from organic farms that cultivate pesticide-free hemp plants.
- Product Range and Availability. Consumers typically like to have several options when purchasing cannabis. They want the freedom to choose from oils, edibles, smokable CBD products, CBD capsules, and more. Buyers may also want a selection that includes isolate products and cannabinoid combinations suited to their needs.
Virginia’s CBD Laws Explained
With all that said, let’s sum up CBD law in Virginia:
- CBD Is Fully Legal in Virginia. The state aligns with the Farm Bill, which made CBD legal under federal law. All hemp-derived CBD is legal, provided it has a THC level of 0.3% or below. CBD products typically have low THC levels, making them legal in most circumstances.
- No Official Age Restrictions. There are no official age restrictions regarding CBD use and purchases. However, you must be 21 or over to consume smokable CBD products. Most retailers stipulate that you must be at least 21 to buy the products.
- Retailers Have Discretion. Although CBD has no age restrictions, sellers can exercise discretion in who they sell it to. For example, most sellers don’t sell it to patrons under 18.
FAQS About CBD Legality in Virginia
Is CBD Oil Legal in Virginia?
Yes, CBD oil is legal in Virginia. Like all CBD products, CBD oil must be hemp-derived and contain at or below 0.3% THC to be legal in the state.
How Old Do You Have To Be To Buy CBD In Virginia?
In most cases, you must be at least 21 years old to buy CBD in Virginia. However, there are no age restrictions regarding how old you must be to buy CBD in Virginia. However, you must be at least 21 to consume smokable CBD products. Additionally, some sellers may not sell to anyone under 18.
How Can I Obtain CBD Products in Virginia?
CBD products are available in Virginia at licensed dispensaries and through online retailers offering home delivery. If the seller asks for an ID, you should be prepared. Many modern dispensaries and online stores accept various payment methods to make purchases convenient.
Can I Fly With CBD?
You can usually fly with hemp-derived CBD, as the product is legal in Virginia and most states. Furthermore, airlines are more focused on weapons than cannabis, increasing the chances that they won’t search your luggage. However, you should ensure you are flying to a destination where CBD is legal. Additionally, some airlines prohibit flying with cannabis, so check their regulations of the airline you’re traveling with and your destination before you fly.
Does CBD Show on a Drug Test?
CBD does not typically show up on a drug test. However, CBD products may contain trace amounts of THC, which can cause a positive result. The THC may be present in low levels, so it will flush out of the system quickly. However, to ensure a negative result, you should avoid using any cannabis products at least 30 days before a drug test.
Will CBD Get Me High?
No, CBD will not get you high. Its chemical structure prohibits it from interacting with the CB1 receptor in the endocannabinoid system (ECS), a receptor that binds to THC to produce euphoric effects. Some CBD products may have trace amounts of THC in them (0.3% or less), but it should not be enough to get you high. However, some products feature CBD combined with THC and other cannabinoids that can get you high. Choose your products carefully to ensure you get the desired results.
Final Thoughts – Is CBD Legal in Virginia? [How HB 1839 Changed Everything]
Residents of Old Dominion are in luck—yes, CBD is legal in Virginia. The state aligns with the Farm Bill, making all products of the hemp plant legal, provided they have a THC content of 0.3% or less. CBD products typically have a low THC content and are a product of hemp cultivation, so it is almost always legal in the state. However, given the evolving landscape of the CBD industry and cannabis in general, laws can change at any time. Consumers can stay informed by monitoring their local department of health website and other reliable sources. These updates will help you stay out of trouble.
Consumers should also prioritize safety. Buy CBD from reliable brands that use lab testing and have positive customer reviews, like Exhale Wellness. Our products are pure and potent as advertised and always Farm Bill compliant. Shop our selection of CBD products for items that support your wellness needs!
Editor’s Note: The information provided on this site is intended solely for general knowledge and should not be interpreted as legal advice or a comprehensive review of current laws. We do not guarantee the accuracy or dependability of the legal details shared here, nor is it designed to influence decisions regarding our products. Laws differ across states and are subject to frequent updates, which means the content may not always reflect the most current legal standards. To ensure compliance, we encourage consulting a qualified attorney in your area or the location where you plan to ship products.
