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Is it legal here, on this date?
Virginia · Delta-8 & converted cannabinoids · on Oct 10, 2026
Banned
- In short
- A hemp product may hold 'no more than two milligrams of total tetrahydrocannabinol per package', and 'Tetrahydrocannabinol' means 'any naturally occurring or synthetic tetrahydrocannabinol, including its salts, isomers, and salts of isomers' (Va. Code 4.1-600, read Oct 8, 2026). So a delta-8 tetrahydrocannabinol product above that cap is not a hemp product under that section. The word 'delta-8' is not in the section; ask a Virginia lawyer before you sell.
- Channel
- No lawful retail channel
- Potency caps
- 2 mg per package
- Minimum age
- 21+
- Retailer licence
- Required
- Shipping into the state
- Unclear
- Effective
- Aug 15, 2026
- Next scheduled change
- Jul 1, 2027Va. Code 3.2-4122 (regulated hemp product retail facility registration; fee), 3.2-4123 and 3.2-5145.4:1 are repealed effective July 1, 2027, when the CCA hemp regime and adult-use retail sales begin; the replacement rules and lamp are not yet confirmed.
- Pending
- Northern Virginia Hemp & Agriculture v. Spanberger, 7:26-cv-00615 (W.D. Va.): TRO and PI denied Aug 14, 2026; the plaintiffs filed a voluntary dismissal on Oct 1, 2026 and the clerk entered a dismissal under FRCP 41 on Oct 5, 2026. CCA took over hemp enforcement Aug 7, 2026, when the VDACS Office of Hemp Enforcement closed. 'The enacted law does not include a sell-through or grace period for inventory.' Va. Code 3.2-4122, 3.2-4123 and 3.2-5145.4:1 are repealed effective Jul 1, 2027, when adult-use retail sales and the CCA hemp chapter begin.
- Statute / rule
- Va. Code 4.1-600 (HB 30, 2026) · Va. Code 4.1-600 (as amended by 2026 Sp. Sess. I, c. 1 / HB 30)
- Checked
- Verified Oct 8, 2026
Federal overlay · applies from Dec 11, 2026
Federal: total THC (incl. THCA) ≤0.3%, 0.4 mg per container, converted delta-8
From Dec 11, 2026, hemp means total THC including THCA at 0.3% or less by dry weight; final products are capped at 0.4 mg total THC per container; cannabinoids made outside the plant (converted delta-8, delta-10) are excluded. Scheduled — Dec 11 is also the day the federal funding bill expires, and the White House budget office asked Congress in June for 'at minimum, an extension'. Watch the countdown.
General information from public sources with the statute and the check date on every row — not legal advice. Grey means not yet confirmed.
Sources
- P.L. 119-37, Div. B §781 (signed Nov 12, 2025) — the hemp redefinition — checked Oct 8, 2026
- H.R. 6500 enrolled = P.L. 119-103, Div. B §2019 (signed Sep 2, 2026) — the Dec 11 delay — checked Oct 8, 2026
- OMB letter to Speaker Johnson (Jun 24, 2026) asking for 'at minimum, an extension' of §781 — checked Oct 8, 2026
- 21 U.S.C. § 843(c)(2) — internet advertising of controlled substances (United States Code, 2023 Edition) — checked Oct 8, 2026
Frequently asked questions
›Does 'not yet verified' mean banned?
No. A grey lamp means we have not checked that state and product class against a primary source yet. It is on the verification queue. Verified rows show the statute and the day we checked.
›Does the checker decide whether my product is legal?
No. It shows the state row for a product class: the lamp, the channel, the caps and the statute. Compare your label or certificate of analysis with the caps yourself. The status lamp comes from the rules row only.
›What is a 'licensed channel only' lamp?
The product class may be sold in that state, but only through a licensed channel — a licensed hemp retailer, a liquor or package store, or a marijuana dispensary — often with caps and an age limit. The row names the channel and the statute.