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Is Delta 8 Legal in Virginia? Let’s Find Out If it’s Available!

April 11, 2022
Is Delta 8 THC legal in Virginia

With so many known benefits of Delta 8 THC, you probably wonder if you can get your hands on it and if it’s even considered legal in your state. We hope to shed some light on the topic ‘Is Delta 8 Legal in Virginia’ by providing the latest information regarding state or federal law and where you buy Delta 8 THC in the Old Dominion State.

Main Keypoints

  • Delta 8 is a derivative of the genus cannabis plant.
  • Delta 8 THC is less intense than Delta 9 THC but still produces a mild psychoactive effect.
  • Hemp can be grown, dealt or processed for commercial or research purposes.
  • Hemp has a much lower tetrahydrocannabinol concentration than marijuana plants.
  • The federal government allows the recreational use of marijuana in Virginia.

The short answer is Yes!

With Delta 8 THC legal in Virginia, you can already find this compound all over the state. Ready to get your hands on some premium Delta 8 products?

What is Delta 8 THC?

As you probably already know, cannabis plants are used for various purposes. There are dozens of different strains of cannabis, each with unique benefits and drawbacks. Some people use cannabis for medical purposes, while others enjoy the psychoactive effects.

Delta 8 THC is a hemp derivative found in the plant Cannabis Sativa also known as hemp. Hemp and what is regularly known as “Marijuana” are members of the plant species Cannabis Sativa, but there are some differences. Hemp plants are typically tall and thin, with long, slender leaves. They are different from marijuana plants, shorter and bushier, with broader leaves.

Both hemp and marijuana plants contain THC (tetrahydrocannabinol), but hemp plants have a much lower tetrahydrocannabinol concentration than marijuana plants. THC is the primary psychoactive compound in the cannabis plant, and such a plant is what gives users the “high” feeling.

Delta 8 THC is less intense than Delta 9 THC but still produces a mild psychoactive effect. It does not cause anxiety or paranoia like high-THC strains can because of its lower levels in comparison- users report subtle highs without any adverse side effects such as stress and nausea associated with other types of hemp items.

Where to Buy Delta 8 in Virginia?

Since the market is largely unregulated and the laws are very distinct, online retailers are a great option to get quality lab-tested products delivered right to your doorstep. You must be very careful where you purchase your hemp product; whether in person or online, you must be sure the lab reports are readily available for consumers.

BiowellnessX offers hemp-derived THC and cannabinoid products that are 100% derived from the industrial hemp plant and lab-tested for safety and product accuracy. You can be sure that what you consume is safe, effective, and within legal limits. You can easily see all of the lab tests listed for every product on the BiowellnessX site.

We provide an extensive lineup of products for Delta 8 THC, including a soft gelatin capsule, delta 8 oil extract in tincture form, delta 8 gummiesdisposables delta 8 vapes, and other fantastic hemp products. Check out our website, and you will love what you see.

More importantly, you will feel safe and confident in your purchase. All of our products are created with care and are Vegan, non-GMO and gluten-free.

If you need to see, touch, and smell your hemp product before purchasing it, you can also pop into any one of the cannabis or smoke shops in your local area. These days most people prefer to make their purchases online as it does offer convenience and discretion. Say you are in its sister state, North Carolina, and you can freely enjoy these and other related products.

Where to buy Delta 8 THC locally in Virginia

If You Happen to Live Near or In Any Of The Cities Listed Below, You Will Be Able To Find Your Hemp-Derived CBD And THC Products On Store Shelves.

  • Alexandria
  • Arlington
  • Virginia Beach
  • Chesapeake 
  • Leesburg
  • Staunton
  • Vienna
  • Herndon 
  • Bridgewater
  • Warrenton

The Legalities of Delta 8 THC in Virginia

According to Virginia state law, the possession of small amounts of marijuana has been decriminalized. While there may be possession limits, as it stands, it is also legal to grow up to four plants. This means that you will not be subject to criminal penalties if you get caught with a small amount of marijuana. However, you may still be subject to civil penalties, such as a fine. To be federally legal under current law, they must only carry up to 0.3% THC on a dry weight basis.

The decision by Virginia to decriminalize marijuana possession could influence the access and usability of Delta 8 and other industrial hemp products in the U.S.

The use of Delta 8 THC products under federal law is currently legal in the United States. Each state has its own laws and regulations regarding using this cannabinoid.

Delta 8 THC is legal in Virginia for both medical and recreational use.

Medical Use of Delta 8 THC in Virginia

Delta 8 THC is legal for medical use in Virginia. The state has a medical marijuana program that allows patients with certain qualifying conditions to use cannabis for medicinal purposes. Delta 8 THC is not explicitly mentioned in the state’s medical marijuana laws, but it’s included under the general category of “cannabis.”

To be eligible for Virginia’s medical marijuana program, patients must have one of the following qualifying conditions: cancer, AIDS, glaucoma, hepatitis C, multiple sclerosis, PTSD, or any medical condition that is severe, debilitating, and resistant to traditional treatment.

Delta 8 THC and Federal Law

Delta 8 THC and Federal Law

Applicable Federal law currently includes the 2014 Farm Bill (which allows research cultivation of industrial-sized plants by state departments) and 2018’s additional passage commonly that permits commercial growing under specified conditions while still adhering strictly to federal regulations like those set out in FDA guidelines or USDA standards for cultivating agricultural products.

Nevertheless, each state has the right to make its own state laws and regulations surrounding industrial hemp production and use.

The Virginia state law has pretty lenient rules. Industrial Hemp is allowed to be grown, dealt, or processed for commercial or research purposes, and there are no restrictions on the THC levels in industrial hemp products.

Controlled Substances Act

The Controlled Substance Act in Virginia refers to laws and regulations governing controlled substances’ use, possession, and distribution. These substances are classified according to their potential for abuse and medical usefulness.

Schedule I drugs, under the drug control act, are considered to have a high potential for abuse and no accepted medical use. In contrast, Schedule V drugs have a lower potential for abuse and are more widely accepted for medical use.

The CS Act in Virginia was enacted to protect the public from the dangers of abuse and misuse of these substances. The act also seeks to ensure that those who need these substances for medical purposes can access them.

Violations of the controlled substances act can result in penalties, including fines and imprisonment.

The History Of Delta 8 THC

The history behind Delta 8 THC is long, dating back to 1964 when researchers first created it in hopes of an alternative for the use of THC. Delta 8 THC was designed to mimic the effects of regular THC but have fewer side effects. (3)

The brain has two main types of cannabinoid receptors called CB1 and CB2. CB1 is found throughout our bodies but most commonly in the brain and nervous system. This is the receptor that Delta 8 attaches to, which makes it a very interesting cannabinoid.

Cannabinoid receptors are not just found in our brains but also throughout our bodies. CB2 receptors can be found on cells of hematopoietic tissues, mainly on the surface of immune cells such as macrophages and B-cells.

Delta 8 is a promising cannabinoid since it can assist with many conditions without the adverse side effects of Delta 9 THC. While CB1 receptors are found throughout our bodies, CB2 receptors are less common. This isn’t well understood, but it is believed that the CB1 receptor plays a more prominent role in our bodies than CB2. Studies also indicate it acts as an anti-inflammatory and anti-stress and increases mood sleep, to name a few. 

The Food And Drug Administration Hemp Farming Act

The Food and Drug Administration is there to help consumers by regulating foods and other products intended for human consumption. The Hemp Farming Act has helped with many hemp products today.

For years, industrial hemp was illegal under state or federal law to manufacture and use for anything, even though it is excellent for the environment. This act has helped in such a way that it allows each state to choose if they would like to grow, sell, or manufacture it for their residents. It is legal on a federal level, but not all states are on board with that, so today, you can purchase help-related products and even Delta 8 THC products because of this act. 

Industrial hemp is not just used for clothing and building materials; the seeds are also used for health supplements. They contain fiber and protein, which can be helpful in anyone’s diet.

The FDA is stringent on what they allow in foods, so only the best legal hemp products will make it to market, which goes for Delta 8 as well. This helps consumers find foods with ingredients that are beneficial to them. Food additives are substances added to food to preserve flavor or enhance taste, appearance, or other sensory qualities.

Final Thoughts

Hemp products are becoming more well-liked as people learn about the benefits of CBD oil and other industrial hemp-derived products.

As of now, Delta 8 THC is legal in Virginia, so staying up-to-date on the changing laws surrounding these products is essential. The future looks bright for hemp-derived products, so keep an eye out for new developments!

What type of Delta 8 products do you prefer?

Delta 8 Gummies or Delta 8 Oil Tincture?

D8 soft gels

Delta 8 cigarettes

Not sure? Check our wide selection here.

25mg Delta 8 THC Gummies


  1. Farm Bill- H.R.5485 – 115th Congress (2017-2018): Hemp Farming Act of 2018 | | Library of Congress
  2. Recreational Marijuana in Virginia- Recreational Marijuana in Virginia
  3. Drug Control Act- Code of Virginia Code – Chapter 34. Drug Control Act
  4. Controlled Substance Act- The Controlled Substances Act (

The legal status of Delta 8 THC is constantly changing. We continuously work hard to do our best to give you the most updated information. We recommend that you always check your current state hemp laws- or federal law before purchasing any hemp-derived products (CBD, THC) in Virginia. The data in this post is not intended as legal advice nor to diagnose, treat or give any medical advice. Do your due diligence and always seek your doctor’s advice, especially if you are in doubt or are currently taking any prescription medications. Safer than sorry is always a great idea when taking new products.

Frequently Asked Questions (FAQs)

What is the age required to purchase Delta 8?

Many think you must be 18 to purchase hemp-derived tetrahydrocannabinols or synthetically derived THC, but the legal age is 21. Anyone under that will not be allowed to purchase any hemp product or industrial hemp extract.

Is there anything other than Delta 8 gummies I can take?

Besides gummies, we have oils, smokes, capsules, and even a soft gelatin capsule. And as the market matures, you’ll see one or more cannabinoids of all kinds pop up, including vape cartridges.

Does Delta 8 make you high?

It will leave you with a euphoric experience similar to the high feeling you can get from regular “weed.” It’s not as potent as its sister Delta 9 THC; however, you will still feel it when consuming larger doses.

Can I fail a drug test from Delta 8?

You sure can, as Delta 8 is a THC compound that will appear on drug tests.

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