Is THC Legal in Virginia ?

Explore the latest updates on THC laws in Virginia. Learn about the legal status, restrictions, and guidelines for hemp-derived and marijuana-derived THC products. 

Virginia’s THC laws have undergone significant changes in recent years. As of now, limited forms of THC are legal under specific conditions. However, recreational marijuana use remains tightly regulated despite earlier legalization efforts.

Hemp-derived THC products containing less than 0.3% Delta-9 THC by dry weight are allowed. These include items like CBD oils, Delta-8 products, and other low-THC hemp extracts. Businesses selling these products must comply with state testing and labeling standards.

Virginia also permits limited medical marijuana access through its state-regulated program. Qualified patients with medical certifications can purchase higher-THC cannabis products from licensed dispensaries. Despite this, public consumption and unauthorized possession remain illegal statewide.

Understanding the Difference Between Hemp-Derived and Marijuana-Derived THC

Understanding the difference between hemp derived and marijuana derived THC is essential for staying compliant with Virginia’s cannabis laws. Both come from the cannabis plant but have distinct legal definitions and chemical compositions. The primary factor distinguishing them is the concentration of Delta-9 THC by dry weight.

Comparison table 

Current Legal Status of Recreational Marijuana in Virginia

Virginia’s stance on recreational marijuana has evolved in recent years but remains in a transitional phase. While limited possession and personal cultivation are allowed, the commercial sale of marijuana for recreational use is still prohibited. Residents must carefully understand what’s legal and what’s not to avoid potential penalties.

• Adults 21 and older can legally possess up to one ounce of marijuana for personal use.

• Home cultivation of up to four marijuana plants per household is permitted for adults.

• Public consumption of marijuana remains illegal and can result in civil penalties.

• Retail sales of recreational marijuana are not yet authorized in Virginia.

• Gifting marijuana (without payment) between adults is allowed within legal possession limits.

• Marijuana possession by individuals under 21 is still illegal and punishable by fines or other penalties.

• Driving under the influence of marijuana remains a criminal offense with strict DUI laws.

• Landlords and employers may enforce policies restricting marijuana use on their properties.

• Consumption on federal lands within Virginia is prohibited, as marijuana remains federally illegal.

• Possession over the legal limit can still result in misdemeanor or felony charges.

• Cultivation laws require that plants be out of public view and labeled with owner information.

• Virginia law does not currently provide a legal retail market for purchasing recreational marijuana.

• Sharing marijuana for compensation, even informally, is considered illegal distribution.

• Local governments cannot impose additional penalties for marijuana possession but can regulate public consumption.

• Future legislative efforts continue to focus on establishing a regulated retail market for adult use.

Virginia’s Medical Marijuana Program: What You Need to Know

Virginia’s medical marijuana program has undergone significant changes in recent years, offering qualified patients controlled access to cannabis-derived products. The state has shifted from strict prohibition to allowing medical use under licensed conditions. Understanding how the program works can help patients and caregivers navigate the system legally and safely.

• The program allows registered patients to purchase and use medical cannabis products.

• Only state-licensed pharmaceutical processors can legally produce and dispense medical marijuana.

• Patients must obtain a written certification from a registered healthcare provider to qualify.

• Approved medical cannabis products include oils, tinctures, capsules, gummies, and topicals.

• Smoking raw marijuana flower remains illegal under Virginia’s medical program.

• THC content in medical products is regulated to ensure patient safety and dosage control.

• The Virginia Board of Pharmacy oversees the licensing and regulation of medical cannabis operations.

• Patients and caregivers must register with the Virginia Cannabis Control Authority (CCA).

• Qualifying conditions include chronic pain, PTSD, epilepsy, cancer, and multiple sclerosis, among others.

• Telemedicine consultations are allowed for initial certification and follow-up appointments.

• Medical cannabis cardholders are protected from prosecution when compliant with program rules.

• Home cultivation of marijuana for medical use is not permitted under current Virginia law.

• Employers are not required to accommodate medical marijuana use in the workplace.

• DUI laws apply strictly to all THC impairment, even for registered medical marijuana patients.

• Dispensaries require patients to show both their certification and state-issued registration card before purchase.

Is THC Legal in Virginia? Legal THC Limits for Hemp Products in Virginia

Virginia follows federal guidelines when it comes to hemp-derived THC. Hemp products must contain no more than 0.3% Delta-9 THC on a dry weight basis. This ensures that low-THC products remain legally accessible. Exceeding this limit categorizes the product as marijuana under state law.

Understanding the 0.3% Delta-9 THC Threshold

The 0.3% Delta-9 THC limit is based on the total dry weight of the product. This applies to all hemp-derived goods like edibles, tinctures, and vapes. Products exceeding this limit are considered illegal marijuana. Both retailers and consumers must verify THC content through lab reports.

Total THC Testing Requirements

Virginia requires THC content testing to ensure products meet legal standards. This often includes measuring total THC, not just Delta-9, especially for edibles and concentrates. Labs check for both Delta-8 and Delta-9 THC levels during testing. Proper labeling and Certificates of Analysis (COAs) are also mandatory for sale.

Retail Compliance and Packaging Rules

Retailers selling hemp-derived THC must comply with strict packaging and labeling laws. Products must clearly state THC content and include a QR code or link to lab results. Improper labeling can lead to fines or product seizures. Virginia emphasizes consumer transparency and safety.

Consequences of Exceeding Legal THC Limits

Selling or possessing hemp products with more than 0.3% Delta-9 THC is a violation of Virginia law. This could lead to penalties ranging from fines to criminal charges. Businesses risk losing their licenses for non-compliance. Both producers and consumers must stay informed to avoid legal issues.

Is THC Legal in Virginia? Where to Buy Legal THC Products in Virginia

In Virginia, residents and visitors can legally purchase hemp derived THC products as long as they comply with state and federal guidelines (typically containing less than 0.3% Delta-9 THC by dry weight). Additionally, registered medical marijuana patients can access higher-THC products through licensed dispensaries under the state’s medical cannabis program. 

• Licensed medical cannabis dispensaries for registered patients

• Local CBD shops offering hemp-derived THC products

• Smoke shops carrying Delta-8 and Delta-10 THC items

• Wellness stores with full-spectrum hemp extracts

• Vape shops selling compliant THC cartridges and disposables

• Health and supplement stores with THC-infused tinctures

• Farmers markets featuring Virginia-grown hemp products

• Online hemp retailers shipping legal THC products to Virginia

• Specialty head shops with a range of legal THC edibles

• Delivery services for medical marijuana patients

• Pop-up hemp product expos and cannabis wellness events

• Holistic healing centers with hemp-based topicals and oils

• Gas stations and convenience stores carrying Delta-8 gummies

• Subscription box services offering legal THC edibles

• Cannabis advocacy groups hosting hemp product showcases

Penalties for Illegal THC Possession in Virginia

In Virginia, possession of small amounts of marijuana-derived THC was decriminalized in 2020. First-time possession of up to one ounce typically results in a civil penalty with a small fine. However, possession of larger amounts can still lead to more serious consequences. Law enforcement focuses on the weight and form of the THC product involved.

Possession of more than one ounce but less than one pound of marijuana-derived THC is treated as a misdemeanor. This can carry up to 12 months in jail and a fine of up to $2,500. For quantities over one pound, felony charges apply. Felony possession may result in one to ten years of imprisonment.

Possession of THC concentrates, such as oils or edibles, is treated more harshly than flower. Even small amounts of concentrates may lead to felony charges. This is because Virginia law classifies THC extracts separately under controlled substances regulations. Penalties for concentrates often involve higher fines and longer potential jail time.

Intent to distribute THC products is considered a serious offense. Distribution of more than one ounce can lead to felony charges. Penalties include years of prison time, especially if sales occur near schools or involve minors. Repeat offenses typically result in harsher sentencing and fewer chances for alternative programs.

Recent Legislative Changes Impacting THC Laws in Virginia

Virginia's approach to THC laws has undergone notable changes in recent years, reflecting a shift toward cannabis reform. While full recreational sales remain pending, decriminalization and medical marijuana expansion have been key focus areas. Lawmakers continue to debate regulatory structures, enforcement policies, and future legalization plans.

• In 2021, Virginia became the first Southern state to legalize adult possession of marijuana for personal use.

• Possession of up to one ounce of marijuana is now legal for adults aged 21 and over.

• The state decriminalized simple marijuana possession before full legalization took effect.

• Retail sales of recreational marijuana were scheduled for 2024 but remain delayed pending legislative approval.

• Home cultivation of up to four marijuana plants per household is permitted for adults, following specific guidelines.

• The state expanded its medical marijuana program, allowing more qualifying conditions and product types.

• Licensed medical dispensaries in Virginia can now offer a wider range of THC products, including edibles and vapes.

• The 2021 legislation also established social equity provisions aimed at addressing past cannabis-related convictions.

• Lawmakers have introduced multiple bills to establish a retail cannabis marketplace, but none have fully passed as of 2025.

• Proposed legislation includes plans for taxation, licensing, and regulation of THC sales.

• Enforcement policies for THC products remain strict for unlicensed sales and possession over the legal limit.

• New THC potency limits and product safety standards for medical cannabis have been introduced.

• Employment protections for medical marijuana patients have been debated but not yet fully enacted.

• Efforts to expunge prior marijuana-related criminal records have been implemented as part of broader reform.

• Virginia continues to review and adjust THC transportation and DUI-related laws in response to legalization efforts.

The Bottom Line 

Virginia’s THC laws are evolving, with gradual reforms aimed at balancing public safety and access to cannabis products. While adult possession and home cultivation have been legalized, full recreational sales remain on hold. Medical marijuana access has improved, offering relief for qualified patients.

Hemp-derived THC products like Delta-8 and low-THC CBD oils remain widely available under strict labeling and potency limits. Consumers and businesses must comply with testing, packaging, and regulatory standards to avoid legal issues. Staying informed on product content is essential.

Despite progress, Virginia maintains strong penalties for illegal possession, unauthorized sales, and THC distribution outside licensed channels. Concentrates and high-THC products face stricter scrutiny under state law, especially for non-medical users.

Future legislative sessions are expected to address the delayed retail market and further refine THC regulations. Residents and visitors should stay updated on Virginia’s changing cannabis laws to remain compliant and informed.

FAQs

Can I bring THC products from other states into Virginia?

 No, transporting THC products across state lines is illegal, even if purchased legally elsewhere.

Are THC-infused beverages legal in Virginia?

 Only hemp-derived THC beverages with less than 0.3% Delta-9 THC are legal; marijuana-derived THC drinks remain prohibited.

Can I mail-order marijuana-derived THC products to Virginia?

 No, mailing marijuana-derived THC products into Virginia violates both state and federal law.

Does Virginia allow THC consumption lounges or cannabis cafes?

 No, consumption lounges and cannabis cafes are not currently legal in Virginia for either medical or recreational use.

Are there THC possession limits for visitors to Virginia?

 Yes, visitors are subject to the same possession limits as residents—up to one ounce for personal use for adults 21+.

Can I use THC products in rental properties in Virginia?

 Only with the landlord’s consent; many landlords prohibit THC use on their property under lease agreements.

Are THC-related offenses eligible for expungement in Virginia?

 Yes, certain past marijuana possession offenses are eligible for expungement following recent criminal justice reforms.

Do Virginia colleges allow THC possession or use on campus?

 No, most colleges in Virginia prohibit THC possession and use on campus, regardless of state law changes.