Is Delta-9 THC (hemp-derived) Legal in Virginia? (2026)

Vape / inhalable

Restricted

As of October 22, 2026, Delta-9 THC (hemp-derived) is legal to sell at retail with restrictions in Virginia as vape / inhalable. Hemp Delta-9 vape - restricted. Controlling source: Va. Code Sec. 3.2-5145.1 -- Definitions (Industrial Hemp Extract Intended for Human Consumption).

Verified October 22, 2026 (llm review) · confidence: confirmed
Rule type
permanent
Tier
concentration cap

What the record says

Inhalable/smokable hemp products fall within the Virginia Consumer Protection Act's 'substance intended for human consumption, orally or by inhalation' language and the Sec. 3.2-5145.1 total-THC framework. As of Nov. 15, 2024, hemp products intended for smoking/inhalation must bear a specific label, be accompanied by an ISO 17025 COA, and use child-resistant packaging if they contain THC. VCPA separately bans any inhalable product containing a SYNTHETIC derivative of THC (not natural hemp-derived delta-9). Retail facility registration required. Virginia's controlling framework is the Sec. 3.2-5145.1 'industrial hemp extract' definition: legal for retail if total THC is <=0.3% AND either <=2mg total THC/package OR a CBD:THC ratio of at least 25:1. This applies across ingestible and (per VCPA's 'orally or by inhalation' language and the Nov. 2024 smoking-product amendments) inhalable/smokable forms alike, layered with VDACS retail-facility registration, COA, and labeling/child-resistant-packaging requirements. No statutory minimum age for hemp product retail sale was located in the sources reviewed this session -- flagged null rather than assumed. Regulatory oversight is set to transition from VDACS to the Cannabis Control Authority around August 2026 (SB 543/CHAP1016).

Controlling language, verbatim

'Industrial hemp extract' means an extract...that (a) contains a total tetrahydrocannabinol concentration that is no greater than 0.3 percent and (b) contains either no more than two milligrams of total tetrahydrocannabinol per package or an amount of cannabidiol that is no less than 25 times greater than the amount of total tetrahydrocannabinol per package

Source of excerpt

Citations

  1. Va. Code Sec. 3.2-5145.1 -- Definitions (Industrial Hemp Extract Intended for Human Consumption) (Virginia General Assembly, Division of Legislative Automated Systems (official Code of Virginia), 2026-07-18) PRIMARYOFFICIAL
  2. Hemp Product Enforcement (Virginia Department of Agriculture and Consumer Services (VDACS), 2026-07-18) PRIMARYOFFICIAL
  3. Va. Code Sec. 3.2-4122 -- Regulated hemp product retail facility registration; fee (Virginia General Assembly (official Code of Virginia), 2026-07-18) PRIMARYOFFICIAL
  4. Va. Code Sec. 3.2-5145.1 PRIMARYOFFICIAL
  5. SB 543 (2026, CHAP1016) -- CCA hemp/cannabis enforcement authority transfer (Virginia General Assembly LIS, 2026-07-18)OFFICIAL

Capsule / tablet

Restricted

As of October 22, 2026, Delta-9 THC (hemp-derived) is legal to sell at retail with restrictions in Virginia as capsule / tablet. Hemp Delta-9 capsule - restricted. The limit is 2 mg total THC per package (mg per container). Controlling source: Va. Code Sec. 3.2-5145.1 -- Definitions (Industrial Hemp Extract Intended for Human Consumption).

Verified October 22, 2026 (llm review) · confidence: confirmed
Rule type
permanent
Tier
concentration cap
Limit
2 mg total THC per package (mg per container)

What the record says

Same framework as edibles/tinctures under Sec. 3.2-5145.1. Virginia's controlling framework is the Sec. 3.2-5145.1 'industrial hemp extract' definition: legal for retail if total THC is <=0.3% AND either <=2mg total THC/package OR a CBD:THC ratio of at least 25:1. This applies across ingestible and (per VCPA's 'orally or by inhalation' language and the Nov. 2024 smoking-product amendments) inhalable/smokable forms alike, layered with VDACS retail-facility registration, COA, and labeling/child-resistant-packaging requirements. No statutory minimum age for hemp product retail sale was located in the sources reviewed this session -- flagged null rather than assumed. Regulatory oversight is set to transition from VDACS to the Cannabis Control Authority around August 2026 (SB 543/CHAP1016).

Controlling language, verbatim

'Industrial hemp extract' means an extract...that (a) contains a total tetrahydrocannabinol concentration that is no greater than 0.3 percent and (b) contains either no more than two milligrams of total tetrahydrocannabinol per package or an amount of cannabidiol that is no less than 25 times greater than the amount of total tetrahydrocannabinol per package

Source of excerpt

Citations

  1. Va. Code Sec. 3.2-5145.1 -- Definitions (Industrial Hemp Extract Intended for Human Consumption) (Virginia General Assembly, Division of Legislative Automated Systems (official Code of Virginia), 2026-07-18) PRIMARYOFFICIAL
  2. Hemp Product Enforcement (Virginia Department of Agriculture and Consumer Services (VDACS), 2026-07-18) PRIMARYOFFICIAL
  3. Va. Code Sec. 3.2-4122 -- Regulated hemp product retail facility registration; fee (Virginia General Assembly (official Code of Virginia), 2026-07-18) PRIMARYOFFICIAL
  4. Va. Code Sec. 3.2-5145.1 PRIMARYOFFICIAL
  5. SB 543 (2026, CHAP1016) -- CCA hemp/cannabis enforcement authority transfer (Virginia General Assembly LIS, 2026-07-18)OFFICIAL

Beverage

Restricted

As of October 22, 2026, Delta-9 THC (hemp-derived) is legal to sell at retail with restrictions in Virginia as beverage. Hemp Delta-9 drink - restricted. The limit is 2 mg total THC per package (mg per container). Controlling source: Va. Code Sec. 3.2-5145.1 -- Definitions (Industrial Hemp Extract Intended for Human Consumption).

Verified October 22, 2026 (llm review) · confidence: confirmed
Rule type
permanent
Tier
concentration cap
Limit
2 mg total THC per package (mg per container)

What the record says

THC beverages are industrial hemp extract products under Sec. 3.2-5145.1: 0.3% total THC cap plus 2mg/package-or-25:1-ratio rule, disclosure, labeling, COA. Virginia's controlling framework is the Sec. 3.2-5145.1 'industrial hemp extract' definition: legal for retail if total THC is <=0.3% AND either <=2mg total THC/package OR a CBD:THC ratio of at least 25:1. This applies across ingestible and (per VCPA's 'orally or by inhalation' language and the Nov. 2024 smoking-product amendments) inhalable/smokable forms alike, layered with VDACS retail-facility registration, COA, and labeling/child-resistant-packaging requirements. No statutory minimum age for hemp product retail sale was located in the sources reviewed this session -- flagged null rather than assumed. Regulatory oversight is set to transition from VDACS to the Cannabis Control Authority around August 2026 (SB 543/CHAP1016).

Controlling language, verbatim

'Industrial hemp extract' means an extract...that (a) contains a total tetrahydrocannabinol concentration that is no greater than 0.3 percent and (b) contains either no more than two milligrams of total tetrahydrocannabinol per package or an amount of cannabidiol that is no less than 25 times greater than the amount of total tetrahydrocannabinol per package

Source of excerpt

Citations

  1. Va. Code Sec. 3.2-5145.1 -- Definitions (Industrial Hemp Extract Intended for Human Consumption) (Virginia General Assembly, Division of Legislative Automated Systems (official Code of Virginia), 2026-07-18) PRIMARYOFFICIAL
  2. Hemp Product Enforcement (Virginia Department of Agriculture and Consumer Services (VDACS), 2026-07-18) PRIMARYOFFICIAL
  3. Va. Code Sec. 3.2-4122 -- Regulated hemp product retail facility registration; fee (Virginia General Assembly (official Code of Virginia), 2026-07-18) PRIMARYOFFICIAL
  4. Va. Code Sec. 3.2-5145.1 PRIMARYOFFICIAL
  5. SB 543 (2026, CHAP1016) -- CCA hemp/cannabis enforcement authority transfer (Virginia General Assembly LIS, 2026-07-18)OFFICIAL

Edible / ingestible

Restricted

As of October 22, 2026, Delta-9 THC (hemp-derived) is legal to sell at retail with restrictions in Virginia as edible / ingestible. Hemp Delta-9 edible - restricted. The limit is 2 mg total THC per package (mg per container). Controlling source: Va. Code Sec. 3.2-5145.1 -- Definitions (Industrial Hemp Extract Intended for Human Consumption).

Verified October 22, 2026 (llm review) · confidence: confirmed
Rule type
permanent
Tier
concentration cap
Limit
2 mg total THC per package (mg per container)

What the record says

Must meet Sec. 3.2-5145.1's 'industrial hemp extract' definition: <=0.3% total THC AND (<=2mg total THC per package OR CBD:THC ratio >= 25:1). Requires an Edible Hemp Products Disclosure Form filing, VDACS Food Permit (unless exempt), child-resistant packaging, specific labeling, and an ISO 17025 COA. Virginia's controlling framework is the Sec. 3.2-5145.1 'industrial hemp extract' definition: legal for retail if total THC is <=0.3% AND either <=2mg total THC/package OR a CBD:THC ratio of at least 25:1. This applies across ingestible and (per VCPA's 'orally or by inhalation' language and the Nov. 2024 smoking-product amendments) inhalable/smokable forms alike, layered with VDACS retail-facility registration, COA, and labeling/child-resistant-packaging requirements. No statutory minimum age for hemp product retail sale was located in the sources reviewed this session -- flagged null rather than assumed. Regulatory oversight is set to transition from VDACS to the Cannabis Control Authority around August 2026 (SB 543/CHAP1016).

Controlling language, verbatim

'Industrial hemp extract' means an extract...that (a) contains a total tetrahydrocannabinol concentration that is no greater than 0.3 percent and (b) contains either no more than two milligrams of total tetrahydrocannabinol per package or an amount of cannabidiol that is no less than 25 times greater than the amount of total tetrahydrocannabinol per package

Source of excerpt

Citations

  1. Va. Code Sec. 3.2-5145.1 -- Definitions (Industrial Hemp Extract Intended for Human Consumption) (Virginia General Assembly, Division of Legislative Automated Systems (official Code of Virginia), 2026-07-18) PRIMARYOFFICIAL
  2. Hemp Product Enforcement (Virginia Department of Agriculture and Consumer Services (VDACS), 2026-07-18) PRIMARYOFFICIAL
  3. Va. Code Sec. 3.2-4122 -- Regulated hemp product retail facility registration; fee (Virginia General Assembly (official Code of Virginia), 2026-07-18) PRIMARYOFFICIAL
  4. Va. Code Sec. 3.2-5145.1 PRIMARYOFFICIAL
  5. SB 543 (2026, CHAP1016) -- CCA hemp/cannabis enforcement authority transfer (Virginia General Assembly LIS, 2026-07-18)OFFICIAL

Flower / raw plant

Restricted

As of October 7, 2026, Delta-9 THC (hemp-derived) is legal to sell at retail with restrictions in Virginia as flower / raw plant. Hemp Delta-9 flower - restricted. Controlling source: Va. Code Sec. 3.2-5145.1 -- Definitions (Industrial Hemp Extract Intended for Human Consumption).

Verified October 7, 2026 (manual) · confidence: confirmed
Rule type
permanent
Tier
concentration cap

What the record says

No statutory ban on smokable hemp flower was found; the Nov. 15, 2024 amendments explicitly regulate (rather than prohibit) 'hemp products intended for smoking' via labeling, COA, and child-resistant-packaging requirements. Underlying raw-plant legality still depends on the 0.3% total-THC hemp/marijuana line. Virginia's controlling framework is the Sec. 3.2-5145.1 'industrial hemp extract' definition: legal for retail if total THC is <=0.3% AND either <=2mg total THC/package OR a CBD:THC ratio of at least 25:1. This applies across ingestible and (per VCPA's 'orally or by inhalation' language and the Nov. 2024 smoking-product amendments) inhalable/smokable forms alike, layered with VDACS retail-facility registration, COA, and labeling/child-resistant-packaging requirements. No statutory minimum age for hemp product retail sale was located in the sources reviewed this session -- flagged null rather than assumed. Regulatory oversight is set to transition from VDACS to the Cannabis Control Authority around August 2026 (SB 543/CHAP1016).

Controlling language, verbatim

'Industrial hemp extract' means an extract...that (a) contains a total tetrahydrocannabinol concentration that is no greater than 0.3 percent and (b) contains either no more than two milligrams of total tetrahydrocannabinol per package or an amount of cannabidiol that is no less than 25 times greater than the amount of total tetrahydrocannabinol per package

Source of excerpt

Citations

  1. Va. Code Sec. 3.2-5145.1 -- Definitions (Industrial Hemp Extract Intended for Human Consumption) (Virginia General Assembly, Division of Legislative Automated Systems (official Code of Virginia), 2026-07-18) PRIMARYOFFICIAL
  2. Hemp Product Enforcement (Virginia Department of Agriculture and Consumer Services (VDACS), 2026-07-18) PRIMARYOFFICIAL
  3. Va. Code Sec. 3.2-4122 -- Regulated hemp product retail facility registration; fee (Virginia General Assembly (official Code of Virginia), 2026-07-18) PRIMARYOFFICIAL
  4. Va. Code Sec. 3.2-5145.1 PRIMARYOFFICIAL
  5. SB 543 (2026, CHAP1016) -- CCA hemp/cannabis enforcement authority transfer (Virginia General Assembly LIS, 2026-07-18)OFFICIAL

Other

Restricted

As of October 19, 2026, Delta-9 THC (hemp-derived) is legal to sell at retail with restrictions in Virginia as other. Hemp Delta-9 other - restricted. The limit is 2 mg total THC per package (mg per container). Controlling source: Va. Code Sec. 3.2-5145.1 -- Definitions (Industrial Hemp Extract Intended for Human Consumption).

Verified October 19, 2026 (llm review) · confidence: confirmed
Rule type
permanent
Tier
concentration cap
Limit
2 mg total THC per package (mg per container)

What the record says

Any other form intended for human consumption defaults to the Sec. 3.2-5145.1 'industrial hemp extract' definition (0.3% total THC, 2mg/package or 25:1 CBD:THC ratio) absent a more specific rule. Virginia's controlling framework is the Sec. 3.2-5145.1 'industrial hemp extract' definition: legal for retail if total THC is <=0.3% AND either <=2mg total THC/package OR a CBD:THC ratio of at least 25:1. This applies across ingestible and (per VCPA's 'orally or by inhalation' language and the Nov. 2024 smoking-product amendments) inhalable/smokable forms alike, layered with VDACS retail-facility registration, COA, and labeling/child-resistant-packaging requirements. No statutory minimum age for hemp product retail sale was located in the sources reviewed this session -- flagged null rather than assumed. Regulatory oversight is set to transition from VDACS to the Cannabis Control Authority around August 2026 (SB 543/CHAP1016).

Controlling language, verbatim

'Industrial hemp extract' means an extract...that (a) contains a total tetrahydrocannabinol concentration that is no greater than 0.3 percent and (b) contains either no more than two milligrams of total tetrahydrocannabinol per package or an amount of cannabidiol that is no less than 25 times greater than the amount of total tetrahydrocannabinol per package

Source of excerpt

Citations

  1. Va. Code Sec. 3.2-5145.1 -- Definitions (Industrial Hemp Extract Intended for Human Consumption) (Virginia General Assembly, Division of Legislative Automated Systems (official Code of Virginia), 2026-07-18) PRIMARYOFFICIAL
  2. Hemp Product Enforcement (Virginia Department of Agriculture and Consumer Services (VDACS), 2026-07-18) PRIMARYOFFICIAL
  3. Va. Code Sec. 3.2-4122 -- Regulated hemp product retail facility registration; fee (Virginia General Assembly (official Code of Virginia), 2026-07-18) PRIMARYOFFICIAL
  4. Va. Code Sec. 3.2-5145.1 PRIMARYOFFICIAL
  5. SB 543 (2026, CHAP1016) -- CCA hemp/cannabis enforcement authority transfer (Virginia General Assembly LIS, 2026-07-18)OFFICIAL

Powder / bulk

Restricted

As of October 19, 2026, Delta-9 THC (hemp-derived) is legal to sell at retail with restrictions in Virginia as powder / bulk. Hemp Delta-9 powder - restricted. The limit is 2 mg total THC per package (mg per container). Controlling source: Va. Code Sec. 3.2-5145.1 -- Definitions (Industrial Hemp Extract Intended for Human Consumption).

Verified October 19, 2026 (llm review) · confidence: confirmed
Rule type
permanent
Tier
concentration cap
Limit
2 mg total THC per package (mg per container)

What the record says

Hemp-derived cannabinoid powder/isolate intended for human consumption is an 'industrial hemp extract' under Sec. 3.2-5145.1, subject to the same total-THC and package caps. Virginia's controlling framework is the Sec. 3.2-5145.1 'industrial hemp extract' definition: legal for retail if total THC is <=0.3% AND either <=2mg total THC/package OR a CBD:THC ratio of at least 25:1. This applies across ingestible and (per VCPA's 'orally or by inhalation' language and the Nov. 2024 smoking-product amendments) inhalable/smokable forms alike, layered with VDACS retail-facility registration, COA, and labeling/child-resistant-packaging requirements. No statutory minimum age for hemp product retail sale was located in the sources reviewed this session -- flagged null rather than assumed. Regulatory oversight is set to transition from VDACS to the Cannabis Control Authority around August 2026 (SB 543/CHAP1016).

Controlling language, verbatim

'Industrial hemp extract' means an extract...that (a) contains a total tetrahydrocannabinol concentration that is no greater than 0.3 percent and (b) contains either no more than two milligrams of total tetrahydrocannabinol per package or an amount of cannabidiol that is no less than 25 times greater than the amount of total tetrahydrocannabinol per package

Source of excerpt

Citations

  1. Va. Code Sec. 3.2-5145.1 -- Definitions (Industrial Hemp Extract Intended for Human Consumption) (Virginia General Assembly, Division of Legislative Automated Systems (official Code of Virginia), 2026-07-18) PRIMARYOFFICIAL
  2. Hemp Product Enforcement (Virginia Department of Agriculture and Consumer Services (VDACS), 2026-07-18) PRIMARYOFFICIAL
  3. Va. Code Sec. 3.2-4122 -- Regulated hemp product retail facility registration; fee (Virginia General Assembly (official Code of Virginia), 2026-07-18) PRIMARYOFFICIAL
  4. Va. Code Sec. 3.2-5145.1 PRIMARYOFFICIAL
  5. SB 543 (2026, CHAP1016) -- CCA hemp/cannabis enforcement authority transfer (Virginia General Assembly LIS, 2026-07-18)OFFICIAL

Raw material / RUO

Restricted

As of October 19, 2026, Delta-9 THC (hemp-derived) is legal to sell at retail with restrictions in Virginia as raw material / ruo. Hemp Delta-9 raw material - restricted. Controlling source: Va. Code Sec. 3.2-5145.1 -- Definitions (Industrial Hemp Extract Intended for Human Consumption).

Verified October 19, 2026 (llm review) · confidence: confirmed
Rule type
permanent
Tier
concentration cap

What the record says

Raw hemp biomass/extract not yet intended for retail consumption is governed by the broader Industrial Hemp Law (Title 3.2, Ch. 41.1) grower/processor registration framework rather than the retail extract caps. Virginia's controlling framework is the Sec. 3.2-5145.1 'industrial hemp extract' definition: legal for retail if total THC is <=0.3% AND either <=2mg total THC/package OR a CBD:THC ratio of at least 25:1. This applies across ingestible and (per VCPA's 'orally or by inhalation' language and the Nov. 2024 smoking-product amendments) inhalable/smokable forms alike, layered with VDACS retail-facility registration, COA, and labeling/child-resistant-packaging requirements. No statutory minimum age for hemp product retail sale was located in the sources reviewed this session -- flagged null rather than assumed. Regulatory oversight is set to transition from VDACS to the Cannabis Control Authority around August 2026 (SB 543/CHAP1016).

Controlling language, verbatim

'Industrial hemp extract' means an extract...that (a) contains a total tetrahydrocannabinol concentration that is no greater than 0.3 percent and (b) contains either no more than two milligrams of total tetrahydrocannabinol per package or an amount of cannabidiol that is no less than 25 times greater than the amount of total tetrahydrocannabinol per package

Source of excerpt

Citations

  1. Va. Code Sec. 3.2-5145.1 -- Definitions (Industrial Hemp Extract Intended for Human Consumption) (Virginia General Assembly, Division of Legislative Automated Systems (official Code of Virginia), 2026-07-18) PRIMARYOFFICIAL
  2. Hemp Product Enforcement (Virginia Department of Agriculture and Consumer Services (VDACS), 2026-07-18) PRIMARYOFFICIAL
  3. Va. Code Sec. 3.2-4122 -- Regulated hemp product retail facility registration; fee (Virginia General Assembly (official Code of Virginia), 2026-07-18) PRIMARYOFFICIAL
  4. Va. Code Sec. 3.2-5145.1 PRIMARYOFFICIAL
  5. SB 543 (2026, CHAP1016) -- CCA hemp/cannabis enforcement authority transfer (Virginia General Assembly LIS, 2026-07-18)OFFICIAL

Tincture / sublingual

Restricted

As of October 22, 2026, Delta-9 THC (hemp-derived) is legal to sell at retail with restrictions in Virginia as tincture / sublingual. Hemp Delta-9 tincture - restricted. The limit is 2 mg total THC per package (mg per container). Controlling source: Va. Code Sec. 3.2-5145.1 -- Definitions (Industrial Hemp Extract Intended for Human Consumption).

Verified October 22, 2026 (llm review) · confidence: confirmed
Rule type
permanent
Tier
concentration cap
Limit
2 mg total THC per package (mg per container)

What the record says

Same industrial-hemp-extract framework as edibles: 0.3% total THC cap plus the 2mg/package-or-25:1-ratio rule, disclosure filing, labeling, and COA. Virginia's controlling framework is the Sec. 3.2-5145.1 'industrial hemp extract' definition: legal for retail if total THC is <=0.3% AND either <=2mg total THC/package OR a CBD:THC ratio of at least 25:1. This applies across ingestible and (per VCPA's 'orally or by inhalation' language and the Nov. 2024 smoking-product amendments) inhalable/smokable forms alike, layered with VDACS retail-facility registration, COA, and labeling/child-resistant-packaging requirements. No statutory minimum age for hemp product retail sale was located in the sources reviewed this session -- flagged null rather than assumed. Regulatory oversight is set to transition from VDACS to the Cannabis Control Authority around August 2026 (SB 543/CHAP1016).

Controlling language, verbatim

'Industrial hemp extract' means an extract...that (a) contains a total tetrahydrocannabinol concentration that is no greater than 0.3 percent and (b) contains either no more than two milligrams of total tetrahydrocannabinol per package or an amount of cannabidiol that is no less than 25 times greater than the amount of total tetrahydrocannabinol per package

Source of excerpt

Citations

  1. Va. Code Sec. 3.2-5145.1 -- Definitions (Industrial Hemp Extract Intended for Human Consumption) (Virginia General Assembly, Division of Legislative Automated Systems (official Code of Virginia), 2026-07-18) PRIMARYOFFICIAL
  2. Hemp Product Enforcement (Virginia Department of Agriculture and Consumer Services (VDACS), 2026-07-18) PRIMARYOFFICIAL
  3. Va. Code Sec. 3.2-4122 -- Regulated hemp product retail facility registration; fee (Virginia General Assembly (official Code of Virginia), 2026-07-18) PRIMARYOFFICIAL
  4. Va. Code Sec. 3.2-5145.1 PRIMARYOFFICIAL
  5. SB 543 (2026, CHAP1016) -- CCA hemp/cannabis enforcement authority transfer (Virginia General Assembly LIS, 2026-07-18)OFFICIAL

Topical

Restricted

As of October 18, 2026, Delta-9 THC (hemp-derived) is legal to sell at retail with restrictions in Virginia as topical. Hemp Delta-9 topical - restricted. Controlling source: Va. Code Sec. 3.2-5145.1 -- Definitions (Industrial Hemp Extract Intended for Human Consumption).

Verified October 18, 2026 (llm review) · confidence: confirmed
Rule type
permanent
Tier
concentration cap

What the record says

VCPA separately requires topical hemp products to bear specific label language (distinct from the ingestible/inhalable extract rules); underlying 0.3% total-THC hemp definition still applies. Virginia's controlling framework is the Sec. 3.2-5145.1 'industrial hemp extract' definition: legal for retail if total THC is <=0.3% AND either <=2mg total THC/package OR a CBD:THC ratio of at least 25:1. This applies across ingestible and (per VCPA's 'orally or by inhalation' language and the Nov. 2024 smoking-product amendments) inhalable/smokable forms alike, layered with VDACS retail-facility registration, COA, and labeling/child-resistant-packaging requirements. No statutory minimum age for hemp product retail sale was located in the sources reviewed this session -- flagged null rather than assumed. Regulatory oversight is set to transition from VDACS to the Cannabis Control Authority around August 2026 (SB 543/CHAP1016).

Controlling language, verbatim

'Industrial hemp extract' means an extract...that (a) contains a total tetrahydrocannabinol concentration that is no greater than 0.3 percent and (b) contains either no more than two milligrams of total tetrahydrocannabinol per package or an amount of cannabidiol that is no less than 25 times greater than the amount of total tetrahydrocannabinol per package

Source of excerpt

Citations

  1. Va. Code Sec. 3.2-5145.1 -- Definitions (Industrial Hemp Extract Intended for Human Consumption) (Virginia General Assembly, Division of Legislative Automated Systems (official Code of Virginia), 2026-07-18) PRIMARYOFFICIAL
  2. Hemp Product Enforcement (Virginia Department of Agriculture and Consumer Services (VDACS), 2026-07-18) PRIMARYOFFICIAL
  3. Va. Code Sec. 3.2-4122 -- Regulated hemp product retail facility registration; fee (Virginia General Assembly (official Code of Virginia), 2026-07-18) PRIMARYOFFICIAL
  4. Va. Code Sec. 3.2-5145.1 PRIMARYOFFICIAL
  5. SB 543 (2026, CHAP1016) -- CCA hemp/cannabis enforcement authority transfer (Virginia General Assembly LIS, 2026-07-18)OFFICIAL

Status by product form in Virginia

FormStatusHeadlineVerified
Vape / inhalable RestrictedHemp Delta-9 vape - restricted2026-10-22
Capsule / tablet RestrictedHemp Delta-9 capsule - restricted2026-10-22
Beverage RestrictedHemp Delta-9 drink - restricted2026-10-22
Edible / ingestible RestrictedHemp Delta-9 edible - restricted2026-10-22
Flower / raw plant RestrictedHemp Delta-9 flower - restricted2026-10-07
Other RestrictedHemp Delta-9 other - restricted2026-10-19
Powder / bulk RestrictedHemp Delta-9 powder - restricted2026-10-19
Raw material / RUO RestrictedHemp Delta-9 raw material - restricted2026-10-19
Tincture / sublingual RestrictedHemp Delta-9 tincture - restricted2026-10-22
Topical RestrictedHemp Delta-9 topical - restricted2026-10-18

Where Delta-9 THC (hemp-derived) stands across the country

LegalRestrictedGray areaIllegalNot yet verified

Among Virginia's 6 neighbors, District of Columbia is illegal; Kentucky, Tennessee and West Virginia are restricted; Maryland is gray area; North Carolina is legal.

Map and neighbor comparison show vape / inhalable. Open the interactive map · Every compound in Virginia

Federal posture

Federally restricted. Hemp delta-9 THC vape - federally unscheduled inside the hemp definition; 0.4 mg per container cap lands Nov 12 2026 Federal detail

Pending deadlines

  • 2026-11-12 · Federal · Federal hemp redefinition, Nov 12 piece: products with cannabinoids not naturally produced by the plant leave hemp (H.R. 5371 (Pub. L. 119-37, Sec. 781))
  • 2026-12-11 · Federal · Federal hemp redefinition, Dec 11 piece: total THC 0.3% and 0.4 mg total THC per container (H.R. 6500 (Pub. L. 119-103) / Pub. L. 119-37 Sec. 781)
    Pub. L. 119-103 (continuing resolution, Sept 2, 2026) delayed the rest of the Pub. L. 119-37 sec. 781 hemp definition to Dec 11, 2026 (CRS IF13136, Sept 28, 2026): hemp is measured by total tetrahydrocannabinols including THCA (0.3% dry weight), and any final product over 0.4 mg combined total THC and cannabinoids with similar effects per container leaves hemp. A product that leaves hemp is marijuana, Schedule I, in every state.

Verbatim law on file for Virginia

5 instruments on file for this compound's framework in Virginia; 50 of 50 citations above are official sources. Each text carries its source and a fingerprint that changes when the law does.

Va. Code 3.2-4122, 3.2-4123, 3.2-4126(B) · Va. Code 3.2-4122, 3.2-4123, 3.2-4126(B)OFFICIAL
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
Fingerprint
1cc253a88d973aa2
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.]
Va. Code 4.1-600 (hemp product, tetrahydrocannabinol, total tetrahydrocannabinol, marijuana), incorporated by Va. Code 3.2-4112 (version eff. Aug 15, 2026) · Va. Code 4.1-600 (hemp product, tetrahydrocannabinol, total tetrahydrocannabinol, marijuana), incorporated by Va. Code 3.2-4112 (version eff. Aug 15, 2026)OFFICIAL
Instrument
Va. Code 4.1-600 (hemp product, tetrahydrocannabinol, total tetrahydrocannabinol, marijuana), incorporated by Va. Code 3.2-4112 (version eff. Aug 15, 2026)
Source
https://law.lis.virginia.gov/vacode/title4.1/chapter6/section4.1-600/
Retrieved
2026-10-07
Fingerprint
6ef65120dcc92730
Va. Code 4.1-600 (as published 10/5/2026). "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. "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. "Total tetrahydrocannabinol" means the sum, after the application of any necessary conversion factor, of the percentage by weight of tetrahydrocannabinol and the percentage by weight of tetrahydrocannabinolic acid. "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. [Exclusions summarized by fetch tool: mature stalks, fiber, seed oil and cake; industrial hemp possessed by registered persons; hemp products; industrial hemp extracts; certain THC isomers scheduled by the Board of Pharmacy.] "Hemp product intended for smoking" means any hemp product intended to be consumed by inhalation. "Regulated hemp product" means a hemp product intended for smoking or an edible hemp product. Va. Code 3.2-4112 (version effective August 15, 2026, until July 1, 2027): "Hemp product", "Tetrahydrocannabinol" and "Total tetrahydrocannabinol" mean the same as those terms are defined in 4.1-600; "Hemp product intended for smoking" means any hemp product intended to be consumed by inhalation. (Bracketed text summarized by fetch tool.)
Va. Code 59.1-200(A)(69),(70),(71),(74); Va. Code 3.2-4112 (definitions) · Prohibited practices (Virginia Consumer Protection Act) -- synthetic tetrahydrocannabinol derivative consumables; industrial hemp definitionsOFFICIAL
Instrument
Prohibited practices (Virginia Consumer Protection Act) -- synthetic tetrahydrocannabinol derivative consumables; industrial hemp definitions
Source
https://law.lis.virginia.gov/vacode/title59.1/chapter17/section59.1-200/
Retrieved
2026-07-19
Fingerprint
e8a76a6a0aa44913
Va. Code 59.1-200(A): The following fraudulent acts or practices committed by a supplier in connection with a consumer transaction are hereby declared unlawful: (69) Selling or offering for sale any substance intended for human consumption, orally or by inhalation, that contains a synthetic derivative of tetrahydrocannabinol. As used in this subdivision, 'synthetic derivative' means a chemical compound produced by man through a chemical transformation to turn a compound into a different compound by adding or subtracting molecules to or from the original compound. This subdivision shall not (i) apply to products that are approved for marketing by the U.S. Food and Drug Administration and scheduled in the Drug Control Act (Sec. 54.1-3400 et seq.) or (ii) be construed to prohibit any conduct permitted under Chapter 16 (Sec. 4.1-1600 et seq.) of Title 4.1; (70) Selling or offering for sale to a person younger than 21 years of age any substance intended for human consumption, orally or by inhalation, that contains tetrahydrocannabinol. This subdivision shall not (i) apply to products that are approved for marketing by the U.S. Food and Drug Administration and scheduled in the Drug Control Act (Sec. 54.1-3400 et seq.) or (ii) be construed to prohibit any conduct permitted under Chapter 16 (Sec. 4.1-1600 et seq.) of Title 4.1; (71) Selling or offering for sale any substance intended for human consumption, orally or by inhalation, that contains tetrahydrocannabinol, unless such substance is (i) contained in child-resistant packaging, as defined in Sec. 4.1-600; (ii) equipped with a label that states, in English and in a font no less than 1/16 of an inch, (a) that the substance contains tetrahydrocannabinol and may not be sold to persons younger than 21 years of age, (b) all ingredients contained in the substance, (c) the amount of such substance that constitutes a single serving, and (d) the total percentage and milligrams of tetrahydrocannabinol included in the substance and the number of milligrams of tetrahydrocannabinol that are contained in each serving; and (iii) accompanied by a certificate of analysis, produced by an independent laboratory that is accredited pursuant to standard ISO/IEC 17025 of the International Organization of Standardization by a third-party accrediting body, that states the tetrahydrocannabinol concentration of the substance or the tetrahydrocannabinol concentration of the batch from which the substance originates. This subdivision shall not (i) apply to products that are approved for marketing by the U.S. Food and Drug Administration and scheduled in the Drug Control Act (Sec. 54.1-3400 et seq.) or (ii) be construed to prohibit any conduct permitted under Chapter 16 (Sec. 4.1-1600 et seq.) of Title 4.1; (74) Selling or offering for sale a topical hemp product, as defined in Sec. 3.2-4112, that does not include a label stating that the product is not intended for human consumption. This subdivision shall not (i) apply to products that are approved for marketing by the U.S. Food and Drug Administration and scheduled in the Drug Control Act (Sec. 54.1-3400 et seq.), (ii) be construed to prohibit any conduct permitted under Chapter 16 (Sec. 4.1-1600 et seq.) of Title 4.1, or (iii) apply to topical hemp products that were manufactured prior to July 1, 2023, provided that the person provides documentation of the date of manufacture if requested. Va. Code 3.2-4112 (Definitions): '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 purposes of this definition, 'isomer' means the optical, position, and geometric isomers. 'Topical hemp product' means a hemp product that (i) is intended to be rubbed, poured, sprinkled, or sprayed on or otherwise applied to the human body or any part thereof and (ii) is not intended to be consumed orally or by inhalation. 'Total tetrahydrocannabinol' means the sum, after the application of any necessary conversion factor, of the percentage by weight of tetrahydrocannabinol and the percentage by weight of tetrahydrocannabinolic acid.
Va. Code Sec. 3.2-4112 (Ch. 41.1, Industrial Hemp) · Definitions -- Hemp product; Total THC; Regulated hemp product (smoking/edible)OFFICIAL
Instrument
Definitions -- Hemp product; Total THC; Regulated hemp product (smoking/edible)
Source
https://law.lis.virginia.gov/vacode/title3.2/chapter41.1/section3.2-4112/
Retrieved
2026-07-02
Fingerprint
47c1900d298430d5
Sec. 3.2-4112. Definitions.

As used in this chapter, unless the context requires a different meaning:

"Cannabis sativa product" means a product made from any part of the plant Cannabis sativa with a concentration of tetrahydrocannabinol that is greater than that allowed by federal law.

"Edible hemp product" means any hemp product that is or includes an industrial hemp extract, as defined in Sec. 3.2-5145.1, and that is intended to be consumed orally.

"Federally licensed hemp producer" means a person who holds a hemp producer license issued by the U.S. Department of Agriculture pursuant to 7 C.F.R. Part 990.

"Grow" means to plant, cultivate, or harvest a plant or crop.

"Grower" means any person registered pursuant to subsection A of Sec. 3.2-4115 to grow industrial hemp.

"Handle" means to temporarily possess industrial hemp grown in compliance with state or federal law that (i) has not been processed and (ii) was not grown by and will not be processed by the person temporarily possessing it.

"Handler" means any person who is registered pursuant to subsection A of Sec. 3.2-4115 to handle industrial hemp. "Handler" does not include a retail establishment that sells or offers for sale a hemp product.

"Handler's storage site" means the location at which a handler stores or intends to store the industrial hemp he handles.

"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 either no more than two milligrams of total tetrahydrocannabinol per package or an amount of cannabidiol that is no less than 25 times greater than the amount of total tetrahydrocannabinol per package.

"Hemp product intended for smoking" means any hemp product intended to be consumed by inhalation.

"Industrial hemp" means any part of the plant Cannabis sativa, including seeds thereof, whether growing or not, with a concentration of tetrahydrocannabinol that is no greater than that allowed by federal law. "Industrial hemp" includes an industrial hemp extract that has not completed all stages of processing needed to convert the extract into a hemp product.

"Process" means to convert industrial hemp into a hemp product.

"Processor" means a person registered pursuant to subsection A of Sec. 3.2-4115 to process industrial hemp.

"Process site" means the location at which a processor processes or intends to process industrial hemp.

"Production field" means the land or area on which a grower or a federally licensed hemp producer is growing or intends to grow industrial hemp.

"Regulated hemp product" means a hemp product intended for smoking or an edible hemp product.

"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 purposes of this definition, "isomer" means the optical, position, and geometric isomers.

"Topical hemp product" means a hemp product that (i) is intended to be rubbed, poured, sprinkled, or sprayed on or otherwise applied to the human body or any part thereof and (ii) is not intended to be consumed orally or by inhalation.

"Total tetrahydrocannabinol" means the sum, after the application of any necessary conversion factor, of the percentage by weight of tetrahydrocannabinol and the percentage by weight of tetrahydrocannabinolic acid.
Va. Code Sec. 3.2-5145.1 · Sec. 3.2-5145.1. (Effective until August 15, 2026) Definitions.OFFICIAL
Instrument
Sec. 3.2-5145.1. (Effective until August 15, 2026) Definitions.
Source
https://law.lis.virginia.gov/vacode/title3.2/chapter51/section3.2-5145.1/
Retrieved
2026-07-18
Fingerprint
08ef8564d84fb3c6
As used in this article, unless the context requires a different meaning: "Food" means any article that is intended for human consumption and introduction into commerce, whether the article is simple, mixed, or compound, and all substances or ingredients used in the preparation thereof. "Food" does not mean drug as defined in Sec. 54.1-3401. "Industrial hemp" means a Cannabis sativa plant that has a concentration of tetrahydrocannabinol that is no greater than that allowed by federal law. "Industrial hemp extract" means an extract (i) of industrial hemp, (ii) that is intended for human consumption, and (iii) except as otherwise provided in subsection M of Sec. 54.1-3442.6, when offered for retail sale, that (a) contains a total tetrahydrocannabinol concentration that is no greater than 0.3 percent and (b) contains either no more than two milligrams of total tetrahydrocannabinol per package or an amount of cannabidiol that is no less than 25 times greater than the amount of total tetrahydrocannabinol per package. "Industrial hemp extract" is not a hemp seed-derived ingredient that is approved by the U.S. Food and Drug Administration or is the subject of a generally recognized as safe notice for which the U.S. Food and Drug Administration had no questions. "Tetrahydrocannabinol" means the same as that term is defined in Sec. 3.2-4112. "Total tetrahydrocannabinol" means the same as that term is defined in Sec. 3.2-4112.

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Cite this page

Compound Analytics. "Is Delta-9 THC (hemp-derived) Legal in Virginia? (2026)." Compound Laws, https://compoundlaws.com/compounds/d9/virginia/. Accessed October 25, 2026.

Compound Laws, published by Compound Analytics, reports the record: statutes verbatim, official citations, enforcement facts and verification dates. Nothing here is legal advice and nothing here describes how to get around a law. A jurisdiction with no verified row is reported as not yet verified, never as legal. Found an error? Corrections policy.

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