lookup
Is it legal here, on this date?
Virginia · Lab-made cannabinoids · on Oct 10, 2026
Banned
- In short
- Va. Code 59.1-200(A)(69) (read Oct 9, 2026) declares it unlawful for a supplier to sell or offer for sale 'any substance intended for human consumption, orally or by inhalation, that contains a synthetic derivative of tetrahydrocannabinol'; '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'. It excepts products approved by the FDA and scheduled in the Drug Control Act, and conduct permitted under Chapter 16 of Title 4.1. The words 'HHC', 'THC-O' and 'THCP' are not in that section or in Va. Code 4.1-600 (read Oct 8, 2026), which caps a hemp product at 'no more than two milligrams of total tetrahydrocannabinol per package'; ask a Virginia lawyer before you sell. HHC is federally Schedule I by name since May 4, 2026 (91 FR 23913).
- Channel
- No lawful retail channel
- Potency caps
- 2 mg per package
- Minimum age
- —
- Retailer licence
- —
- 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 Code 3.2-4122 (regulated hemp product retail facility registration; fee), 3.2-4123 and 3.2-5145.4:1 are repealed effective July 1, 2027, when the CCA hemp regime and adult-use retail sales begin; the replacement rules and lamp are not yet confirmed.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 Code 3.2-4122, 3.2-4123 and 3.2-5145.4:1 are repealed effective Jul 1, 2027, when adult-use retail sales and the CCA hemp chapter begin.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 59.1-200(A)(69); Va. Code 4.1-600 (HB 30, 2026) · Va. Code 59.1-200 (prohibited practices), subdivision A 69; Va. Code 4.1-600
- Checked
- Verified Oct 8, 2026
Federal overlay · applies from Nov 12, 2026
Federal: cannabinoids the plant cannot make leave the hemp definition
From Nov 12, 2026, products containing cannabinoids that are not capable of being naturally produced by the plant (for example THC-O) are no longer hemp under P.L. 119-37 §781 as limited by P.L. 119-103 §2019. Everything else waits until Dec 11, 2026. On Oct 8, 2026 we found no FDA list that names the cannabinoids, on FDA's cannabis page or in a Federal Register search for FDA documents (a dated search, not a confirmation).
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.