Is Delta-10 THC Legal in Virginia? (2026)

Instrument

Controlling provision (official text)

Source

https://law.lis.virginia.gov/vacode/title3.2/chapter41.1/section3.2-4116/

Retrieved

2026-11-01

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§ 3.2-4116
. (Effective until August 15, 2026) Registration conditions.
A. A person who is not a federally licensed hemp producer shall obtain a registration pursuant to subsection A of §
3.2-4115
 prior to growing, handling, or processing any industrial hemp in the Commonwealth.

Instrument

Va. Code 3.2-4122, 3.2-4123, 3.2-4126(B)

Source

https://law.lis.virginia.gov/vacodefull/title3.2/chapter41.1/article4/

Retrieved

2026-10-07

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3.2-4126(B) [A person shall not sell a substance] "intended for human consumption, orally or by inhalation" [that] “contains a total tetrahydrocannabinol concentration that is greater than 0.3 percent” [or] "contains more than two milligrams of total tetrahydrocannabinol per package" [...]; [violation subject to a] [civil penalty] "not to exceed $10,000 for each day a violation occurs." [Version effective until August 15, 2026 excepted products with CBD at least 25 times THC from the 2 mg limit; later version removes it.] 3.2-4122(A) [No person shall] “offer for sale or sell at retail” [a regulated hemp product without a registration]; (B) “A nonrefundable annual registration fee of $1,000 shall be required with each application”. 3.2-4123(A)(2)(iv) [Label must state] “the product may not be sold to persons younger than 21 years of age.” [Bracketed spans summarized.]

Instrument

Definitions

Source

https://law.lis.virginia.gov/vacode/title4.1/chapter6/section4.1-600/

Retrieved

2026-11-06

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“Hemp product” means a product, including any raw materials from industrial hemp that are used for or added to a food or beverage, that (i) contains industrial hemp and has completed all stages of processing needed for the product and (ii) when offered for retail sale (a) contains a total tetrahydrocannabinol concentration of no greater than 0.3 percent and (b) contains no more than two milligrams of total tetrahydrocannabinol per package.
“Hemp product intended for smoking” means any hemp product intended to be consumed by inhalation.
“Historically economically disadvantaged community” means either (i) a jurisdiction identified by the Board utilizing census tract data made available by the United States Census Bureau in which offenses for marijuana possession were committed at a rate in excess of 150 percent of the statewide average for marijuana possession offenses during the 10-year period of 2009 to 2019 or (ii) a historically underutilized business zone as defined in 15 U.S.C. § 657a.
"Immature plant" means a nonflowering marijuana plant that is no taller than eight inches and no wider than eight inches, is produced from a cutting, clipping, or seedling, and is growing in a container.
“Impact licensee” means a licensee that meets the criteria set forth in subdivision B 13 of § 4.1-606 .
“Industrial hemp” means the same as that term is defined in § 3.2-4112 .
“Industrial hemp extract” means the same as that term is defined in § 3.2-5145.1 .
"Inhalable marijuana product" means a marijuana product that is intended to be inhaled, including marijuana intended to be inhaled or marijuana concentrate intended to be inhaled.
"Licensed" means the holding of a valid license or permit granted by the Authority.
"Licensee" means any person to whom a license or permit has been granted by the Authority.
"Marijuana" means any part of a plant of the genus Cannabis, whether growing or not, its seeds or resin; and every compound, manufacture, salt, derivative, mixture, or preparation of such plant, its seeds, its resin, or any extract containing one or more cannabinoids. "Marijuana" does not include (i) the mature stalks of such plant, fiber produced from such stalk, or oil or cake made from the seed of such plant, unless such stalks, fiber, oil, or cake is combined with other parts of plants of the genus Cannabis; (ii) industrial hemp that is possessed by a person registered pursuant to subsection A of § 3.2-4115 or his agent; (iii) industrial hemp that is possessed by a person who holds a hemp producer license issued by the U.S. Department of Agriculture pursuant to 7 C.F.R. Part 990; (iv) a hemp product; (v) an industrial hemp extract; or (vi) any substance containing a tetrahydrocannabinol isomer, ester, ether, salt, or salts of such isomer, ester, or ether that has been placed by the Board of Pharmacy into one of the schedules set forth in the Drug Control Act (§ 54.1-3400 et seq.) pursuant to § 54.1-3443 .
"Marijuana concentrate" means marijuana that has undergone a process to concentrate one or more active cannabinoids, thereby increasing the product’s potency. Resin from granular trichomes from a marijuana plant is a concentrate for purposes of this subtitle.
"Marijuana cultivation facility" means a facility licensed by the Board to cultivate, label, and package marijuana; to purchase or take possession of marijuana plants and seeds from other marijuana cultivation facilities; to transfer possession of and sell marijuana, immature marijuana plants, and marijuana seeds to retail marijuana stores; to transfer possession of marijuana, immature marijuana plants, and marijuana seeds to marijuana transporters; to transfer possession of and sell marijuana, marijuana plants, and marijuana seeds to other marijuana cultivation facilities; to transfer possession of and sell marijuana to marijuana processing facilities; and to transport marijuana, immature marijuana plants, and marijuana seeds from the marijuana cultivation facility's licensed premises to another licensed marijuana establishment.
“Marijuana delivery operator” means an entity licensed by the Board to take possession of marijuana or marijuana products from a retail marijuana store, microbusiness, pharmaceutical processor, or cannabis dispensing facility and deliver such marijuana or marijuana products only in person to patients or consumers at their residence or business.
"Marijuana establishment" means a marijuana cultivation facility, marijuana microbusiness, marijuana delivery operator, marijuana testing facility, marijuana processing facility, marijuana transporter, retail marijuana store, or pharmaceutical processor or cannabis dispensing facility authorized to exercise dual-use privileges.
“Marijuana paraphernalia” means all equipment, products, and materials of any kind that are either designed for use or are intended for use in planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing, strength testing, analyzing, packaging, repackaging, storing, containing, concealing, ingesting, inhaling, or otherwise introducing into the human body marijuana.
“Marijuana processing facility” means a facility licensed by the Board to process, label, and package marijuana and marijuana products; to purchase or take possession of marijuana from a marijuana cultivation facility or another marijuana processing facility; to transfer possession of and sell marijuana and marijuana products to retail marijuana stores or other marijuana processing facilities; to transfer possession of marijuana and marijuana products to marijuana transporters; and to transport marijuana and marijuana products from the marijuana processing facility's licensed premises to another licensed marijuana establishment.
"Marijuana products" means (i) products that are composed of marijuana and other ingredients and are intended for use or consumption, ointments, and tinctures or (ii) marijuana concentrate.
“Marijuana testing facility” means a facility licensed by the Board to develop, research, transport, or test marijuana, marijuana products, or other substances.
"Marijuana transporter" means a facility licensed by the Board to take possession of marijuana, marijuana products, immature marijuana plants, and marijuana seeds from a marijuana cultivation facility, a marijuana processing facility, a retail marijuana store, a microbusiness, or another marijuana transporter; to transfer possession of marijuana, marijuana products, immature marijuana plants, and marijuana seeds to a marijuana cultivation facility, marijuana processing facility, retail marijuana store, microbusiness, or another marijuana transporter; and to transport marijuana, marijuana products, immature marijuana plants, and marijuana seeds from one licensed establishment to another.
“Microbusiness” means a facility licensed by the Board to conduct any activities authorized for marijuana cultivation facilities, marijuana processing facilities, and retail marijuana stores, as determined by the Board.
“Outdoor cultivation” means cultivation in an area exposed to natural sunlight and open to environmental conditions, including variable temperature, precipitation, and wind. “Place or premises” means the real estate, together with any buildings or other improvements thereon, designated in the application for a license as the place at which the cultivation, manufacture processing, sale, or testing of marijuana or marijuana products shall be performed.
“Principal” means (i) any individual who solely or together with his immediate family members (a) owns or controls, directly or indirectly, five percent or more of the pecuniary interest in any entity that is a licensee or permittee or (b) has the power to vote or cause the vote of five percent or more of the voting securities or other ownership interests of such entity and (ii) any person who manages marijuana establishment operations on behalf of a licensee or permittee.
“Processing” or “process” means the production of marijuana products or the blending, infusing, compounding, or other preparation of marijuana or marijuana products, including marijuana extraction or preparation by means of chemical synthesis. “Processing” or “process” does not include cultivation or testing “Public place” means any place, building, or conveyance to which the public has, or is permitted to have, access, including restaurants, soda fountains, hotel dining areas, lobbies and corridors of hotels, and any park, place of public resort or amusement, highway, street, lane, or sidewalk adjoining any highway, street, or lane.
"Regulated hemp product" means a hemp product intended for smoking or an edible hemp product.
“Residence” means any building or part of a building or structure where a person resides, but does not include any part of a building that is not actually and exclusively used as a private residence, nor any part of a hotel or club other than a private guest room thereof.
"Retail marijuana store" means a facility licensed by the Board to purchase or take possession of marijuana, marijuana products, immature marijuana plants, or marijuana seeds from a marijuana cultivation facility or marijuana processing facility; to take possession of marijuana, marijuana products, immature marijuana plants, or marijuana seeds from a marijuana transporter; to sell marijuana, marijuana products, marijuana paraphernalia, immature marijuana plants, or marijuana seeds to consumers on premises approved by the Board; to deliver marijuana, marijuana products, marijuana paraphernalia, immature marijuana plants, or marijuana seeds only in person to consumers; to transfer possession of marijuana, marijuana products, marijuana paraphernalia, immature marijuana plants, or marijuana seeds to marijuana delivery operators; and to transport marijuana, marijuana products, marijuana paraphernalia, immature marijuana plants, and marijuana seeds from the retail marijuana store’s licensed premises to another retail marijuana store.
“Security” means the same as that term is defined in § 13.1-501. If the Board finds that any obligation, stock, or other equity interest creates control of or voice in the management operations of an entity in the manner of a security, then such interest shall be considered a security.
"Sale" and "sell" includes soliciting or receiving an order; keeping, offering, or exposing for sale; peddling, exchanging, or bartering; or delivering other than gratuitously, by any means.
“Secure agricultural greenhouse” means an enclosed structure that has transparent walls and roofing and is used for controlled-environment agriculture.
“Special agent” means an employee, agent, or contractor of the Virginia Cannabis Control Authority whom the Board has designated as a law-enforcement officer pursuant to this subtitle.
“Testing” or "test" means the research and analysis of marijuana, marijuana products, or other substances for contaminants, safety, or potency. “Testing” or "test" does not include cultivation or processing.
"Tetrahydrocannabinol" means any naturally occurring or synthetic tetrahydrocannabinol, including its salts, isomers, and salts of isomers whenever the existence of such salts, isomers, and salts of isomers is possible within the specific chemical designation and any preparation, mixture, or substance containing, or mixed or infused with, any detectable amount of tetrahydrocannabinol. For the purpose of this definition, "isomer" means the optical, position, and geometric isomers.