As of October 22, 2026, THCa is illegal to sell at retail in Virginia. Illegal: total-THC (THCA x 0.877) and 2 mg/package caps THCa flower cannot meet (Va. Code 3.2-4112). Effective 2023-07-01. Controlling source: Va. Code Sec. 3.2-4112 (Industrial Hemp) - total THC + 2 mg/package cap; VDACS inhalable guidance.
Verified October 22, 2026 (hash check) · confidence: confirmedHemp product, 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. (Va. Code Sec. 3.2-4112)
Among Virginia's 6 neighbors, District of Columbia, Kentucky, Maryland and Tennessee are illegal; West Virginia is restricted; North Carolina is legal.
Open the interactive map · Every compound in Virginia
Federal gray area. THCa - federally contested: hemp on the statute's delta-9-only text, marijuana on DEA's post-decarboxylation reading; resolved against THCa Federal detail
5 instruments on file for this compound's framework in Virginia; 1 of 1 citations above are official sources. Each text carries its source and a fingerprint that changes when the law does.
1cc253a88d973aa23.2-4126(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.]
6ef65120dcc92730Va. 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.)
e8a76a6a0aa44913Va. 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.
47c1900d298430d5Sec. 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.
08ef8564d84fb3c6As 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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