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Is CBD Legal in Virginia? State Hemp Rules in 2026

Virginia allows hemp CBD with a 0.3% total THC and 2 mg per package limit, a 21+ rule and store registration. Rules checked November 5, 2026.

Last checked: Based on official sourcesNot legal advice.

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In short

As of November 5, 2026, CBD products made from hemp are legal to sell in Virginia if they stay within state THC limits. At retail, a hemp product may contain no more than 0.3% total THC and no more than 2 milligrams of total THC per package. Total THC includes THCA.[1, 2, 3]

Since August 15, 2026, Virginia no longer lets products go over 2 mg of THC just because they contain 25 times more CBD than THC. Stores that sell edible or smokable hemp products need a state registration for each location, and THC-containing products may not be sold to anyone under 21.[4, 5, 6, 7, 8]

As of November 5, 2026, the Virginia Cannabis Control Authority (CCA) oversees the retail sale of edible and inhalable hemp products, a job the Virginia Department of Agriculture and Consumer Services (VDACS) used to handle. Virginia also has a medical cannabis program, and adults 21 and older may possess limited amounts of marijuana. Licensed retail marijuana sales are set to begin on July 1, 2027.[4, 8, 9, 10, 11]

At a glance

Is CBD Legal in Virginia? State Hemp Rules in 2026
TopicStatus
Is CBD legal?Yes, within limits. As of November 5, 2026, Virginia treats hemp extracts meant to be eaten as food, and hemp products may be sold at retail if they meet the state's THC limits and labeling rules. Edible and smokable hemp products may only be sold by registered retail locations.[1, 3, 6]
Hemp definition and THC limitVirginia defines industrial hemp as Cannabis sativa with a THC concentration no greater than federal law allows. A finished hemp product offered for retail sale may contain no more than 0.3% total THC and no more than 2 mg of total THC per package. Total THC adds THC and THCA together. Since August 15, 2026, the earlier exception for products with at least 25 times more CBD than THC no longer applies.[1, 2, 4, 5, 8]
CBD in food and drinksAllowed under state law. Virginia law says an industrial hemp extract is a food. Makers need a VDACS food permit, and an extract sold at retail must stay within 0.3% total THC and 2 mg of total THC per package. Labels may not claim the product treats or prevents disease.[3]
Intoxicating hemp products (delta-8, THCA flower and similar)Tightly limited. Virginia's definition of THC covers all natural and synthetic forms, including isomers such as delta-8, so they count toward the same 0.3% and 2 mg limits. THCA also counts. Selling a product meant to be eaten or inhaled that contains a synthetic THC derivative is a prohibited practice under the Virginia Consumer Protection Act. Flower with more than 0.3% total THC does not meet the definition of a hemp product.[1, 2, 7]
Minimum age21. Virginia's Consumer Protection Act prohibits selling a product meant to be eaten or inhaled that contains THC to anyone under 21. Labels on these products must say they may not be sold to people under 21. Separately, Virginia law bars selling hemp products intended for smoking to anyone under 21, whatever their THC content, and requires a photo ID check.[7, 12, 13]
Who can sell itA store needs a regulated hemp product retail facility registration to sell edible or smokable hemp products, or any product for eating or inhaling that is labeled as containing a hemp-derived cannabinoid. The fee is $1,000 a year for each location. As of November 5, 2026, the Cannabis Control Authority oversees the retail sale of these products. For smokable hemp products sold by mail or online, Virginia law requires the seller to verify that the buyer is at least 21 and to use a delivery method that needs an adult signature (21+). We did not find similar online rules for other hemp products.[6, 8, 9, 13]
Labels and lab testingEdible and smokable hemp products that contain THC must be in child-resistant packaging. Labels must list ingredients, serving size, and total THC as a percentage and in milligrams per serving and per package. Each product needs a certificate of analysis from an ISO/IEC 17025 accredited independent lab. Products may not look like or be shaped like a person, animal, vehicle or fruit. Topical products must say they are not for human consumption. We did not find a QR code requirement.[3, 12, 14]
Medical and adult-use marijuanaVirginia has a medical cannabis program: a practitioner may certify a patient for cannabis products for any diagnosed condition. Since July 1, 2026, adults 21 and older may possess up to two ounces of marijuana in public under state law. Licensed retail marijuana sales are set to begin on July 1, 2027.[4, 8, 10, 11]
November 12 and December 11, 2026Virginia's definition of industrial hemp follows federal law, because it refers to the THC level "allowed by federal law." Virginia's product limits are written into state law: 0.3% total THC and 2 mg of total THC per package. The federal change set for December 11, 2026, unless Congress delays it again, limits final hemp products to 0.4 mg of total THC per container. This is our reading, not an official statement: from that date, a product with between 0.4 mg and 2 mg of THC may meet Virginia's limit but may not count as hemp under federal law.[1, 2, 15, 16]

How Virginia defines hemp and hemp products

Virginia law defines industrial hemp as any part of the Cannabis sativa plant with a THC concentration no greater than federal law allows. A "hemp product" is a finished product that contains industrial hemp. When it is offered for retail sale, it may contain no more than 0.3% total THC and no more than 2 milligrams of total THC per package.[1, 2]

"Total THC" means THC plus THCA, after a conversion factor is applied. Virginia's definition of THC covers both natural and synthetic forms, including isomers. This means delta-8, delta-10 and similar forms count toward the same limits.[1]

From August 15, 2026, Virginia uses the hemp product definitions in its Cannabis Control Act. The 2026 changes removed the old exception that let a product go over 2 mg of THC if it had at least 25 times more CBD than THC.[1, 2, 4, 8]

CBD in food and drinks

Virginia law says an industrial hemp extract is a food. It must come from legally grown hemp, and at retail it must stay within 0.3% total THC and 2 mg of total THC per package. Making these products requires a food permit from VDACS.[3]

Hemp extracts and foods that contain THC must be in child-resistant packaging and say on the label that they may not be sold to people under 21. Labels must list ingredients, serving size and THC content, carry a batch code, and avoid claims that the product treats or prevents disease. A certificate of analysis from an accredited independent lab must be available.[3]

The 2026 budget law, House Bill 30, also gives the Cannabis Control Authority the job of administering the state's food rules for hemp extracts (2VAC5-595). The food permit itself still comes from the Commissioner of Agriculture and Consumer Services.[3, 8]

Delta-8, THCA flower and other intoxicating hemp

Virginia does not have a separate category for intoxicating hemp products. Instead, its THC limits cover all forms of THC. THCA counts toward total THC, so flower or other products above 0.3% total THC are not hemp products under state law.[1, 2]

Under the Virginia Consumer Protection Act, it is a prohibited practice to sell a product meant to be eaten or inhaled that contains a synthetic derivative of THC. Since November 1, 2026, the same law also lists selling such a product with more than 0.3% total THC or more than 2 mg of total THC per package as a prohibited practice, unless the Cannabis Control Act allows it.[7]

Who can sell hemp products, and labeling rules

Virginia created a regulated hemp product retail facility registration in 2023. Each store location that sells edible or smokable hemp products needs its own registration, at $1,000 per year. Violations can bring civil penalties of up to $10,000 per day.[5, 6, 17]

Edible and smokable hemp products must meet packaging, labeling and lab testing rules. Products that contain THC need child-resistant packaging. Labels must show ingredients, serving size and total THC, and say the product may not be sold to anyone under 21. Each product needs a certificate of analysis from an ISO/IEC 17025 accredited lab. Products may not be shaped like a person, animal, vehicle or fruit, or copy another company's brand.[7, 12]

Virginia law also bars selling hemp products intended for smoking to anyone under 21, whatever their THC content. Sellers must check photo ID, and these products may not be sold from vending machines. For mail and online sales, the seller must verify that the buyer is at least 21 and use a delivery method that needs the signature of someone 21 or older. A version of the law in effect since October 1, 2026, also requires these products to be sold in the manufacturer's sealed package and requires stores to post a warning sign.[13]

As of November 5, 2026, the Cannabis Control Authority oversees the retail sale of edible and inhalable hemp products. The agencies expected this move from VDACS to take place in August 2026. Registrations issued earlier stay valid until they expire. In the Code, the retail hemp rules move from Title 3.2 to a new chapter in the Cannabis Control Act on July 1, 2027.[4, 8, 9, 18]

Medical and adult-use marijuana

Virginia's medical cannabis program is run by the Cannabis Control Authority. A practitioner may issue a written certification for cannabis products for any diagnosed condition they believe would benefit. The certification lasts up to one year.[11]

Since July 1, 2026, adults 21 and older may possess up to two ounces of marijuana in public under state law. The 2026 budget, House Bill 30, authorizes licensed retail marijuana sales starting July 1, 2027.[4, 8, 10]

How Virginia law relates to the 2026 federal changes

Virginia's definition of industrial hemp refers to the THC level "allowed by federal law," so the plant definition follows federal law. Virginia's limits for finished products are written into state law: 0.3% total THC and 2 mg of total THC per package.[1, 2]

From November 12, 2026, federal law no longer counts cannabinoids that the plant cannot naturally produce as hemp. The rest of the federal change, including a 0.4 mg total THC limit per container, is set for December 11, 2026, unless Congress delays it again. Our reading is that Virginia's 2 mg limit may then allow some products that federal law may not treat as hemp. This is our interpretation, not an official state statement.[2, 15, 16]

What changes next

  1. Federal synthetic cannabinoid exclusion

    From November 12, 2026, federal law no longer counts cannabinoids that the plant cannot naturally produce as hemp.[15, 16]

  2. Rest of the federal hemp definition change

    Set for December 11, 2026, unless Congress delays it again: a total THC limit that includes THCA and a 0.4 mg total THC limit per container for final products.[15, 16]

  3. Retail marijuana sales and new home for hemp rules

    Licensed retail marijuana sales are set to begin. The retail hemp rules move into Chapter 17 of the Cannabis Control Act.[4, 8, 18]

Who regulates hemp and CBD

Timeline

  1. Virginia enacts its retail hemp product law

    HB 2294 (Acts 2023, Chapter 794) set the 0.3% and 2 mg per package THC limits, with an exception for products with at least 25 times more CBD than THC. It also created the retail facility registration and added packaging, labeling and testing rules.[17]

  2. Adult possession limit rises to two ounces

    Under House Bill 30, adults 21 and older may possess up to two ounces of marijuana in public, up from one ounce.[8, 10]

  3. 25:1 exception ends

    From August 15, 2026, a product with more than 2 mg of total THC per package can no longer be sold as a hemp product in Virginia, even if it contains much more CBD. The agencies expected oversight of retail hemp products to move from VDACS to the CCA in August 2026; existing retail registrations stay valid until they expire.[2, 4, 5, 8, 9]

  4. Consumer protection law covers over-limit hemp sales

    A new version of the Virginia Consumer Protection Act lists selling products over 0.3% total THC or 2 mg per package as a prohibited practice, unless the Cannabis Control Act allows it.[7]

Sources

Show 18 references
  1. Va. Code § 4.1-600. Definitions (Cannabis Control Act)
  2. Va. Code § 3.2-4112. Definitions (versions effective until August 15, 2026; August 15, 2026, until July 1, 2027; and from July 1, 2027)
  3. Va. Code Title 3.2, Chapter 51, Article 5. Industrial Hemp Extract Intended for Human Consumption (§§ 3.2-5145.1 to 3.2-5145.5)
  4. Virginia's New Marijuana and Hemp Laws: What You Need to Know (Virginia Cannabis Control Authority announcement, published by VDACS)
  5. Va. Code § 3.2-4126. Civil penalties (versions effective until and from August 15, 2026)
  6. Va. Code § 3.2-4122. Regulated hemp product retail facility registration; fee (repeal effective July 1, 2027)
  7. Va. Code § 59.1-200. Prohibited practices (Virginia Consumer Protection Act; versions in effect in 2026 and from July 1, 2027)
  8. 2026 Appropriation Act, HB 30, Chapter 1 (2026 Special Session I), Item 4-14 (Effective Date)
  9. Hemp Information — Virginia Cannabis Control Authority
  10. Va. Code § 4.1-1100. Possession, etc., of marijuana and marijuana products by persons 21 years of age or older lawful; penalties
  11. Va. Code § 4.1-1601. Certification for use of cannabis for treatment
  12. Va. Code § 3.2-4123. Product packaging, labeling, and testing (repeal effective July 1, 2027)
  13. Va. Code § 18.2-371.2. Prohibiting sale or distribution, etc. of tobacco and hemp products intended for smoking by persons under 21 years of age; civil penalties
  14. Va. Code § 3.2-4124. Topical hemp products; civil penalty (repeal effective July 1, 2027)
  15. Public Law 119-37 (November 12, 2025), Division B, Sec. 781: amendments to the definition of hemp (7 U.S.C. 1639o)
  16. Continuing Appropriations and Extensions Act, 2027, Public Law 119-103 (September 2, 2026), Sec. 2019: Section 781 extension
  17. HB 2294 (2023 Session): Industrial hemp; regulated hemp products, etc. (enacted as Acts 2023, Chapter 794)
  18. Va. Code Title 4.1, Chapter 17. Regulated Hemp Products (§§ 4.1-1700 to 4.1-1704, effective July 1, 2027)

Other states

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About this page

This page is a plain summary of official texts; it is meant to inform and is not a substitute for legal advice. Rules can change and differ from place to place: before you decide, we suggest checking the official text and, if needed, talking to a lawyer. If you spot a change or an error, let us know through our contact form.