US State

Cannabis and hemp laws

Virginia

Possession+grow legal since 2021; retail sales begin Jan 2027

Adult use
Legal
Medical
Legal
Last reviewed
May 27, 2026

Virginia

Cannabinoid status board

All states and compounds

Delta-10 THC

Illegal

Limits

2 mg total THC per package cap (or 25:1 CBD:THC ratio); VCPA synthetic-derivative prohibition captures hydrogenation/isomerization products including delta-10.

Key law

Virginia SB 903 (2023); Va. Code §§ 3.2-4122, 3.2-4123, 3.2-5145.4; Virginia Consumer Protection Act synthetic-THC prohibition; Northern Virginia Hemp v. Va., No. 23-2192 (4th Cir. Jan. 7, 2025)

Effective

July 1, 2023

Full rules

Delta-8 THC

Illegal

Limits

2 mg total THC per package cap (or 25:1 CBD:THC ratio); Virginia Consumer Protection Act bars sale of any substance for human consumption containing a synthetic derivative of THC, capturing most delta-8.

Key law

Virginia SB 903 (2023); Va. Code §§ 3.2-4122, 3.2-4123, 3.2-5145.4; Virginia Consumer Protection Act synthetic-THC prohibition; Northern Virginia Hemp v. Va., No. 23-2192 (4th Cir. Jan. 7, 2025)

Effective

July 1, 2023

Full rules

Delta-9 THC

Restricted

Limits

0.3% total THC by dry weight and 2 mg total THC per package, or 25:1 CBD:THC ratio carve-out. Registration $1,000/year per location; civil penalty up to $10,000 per day.

Key law

Virginia SB 903 (2023); Va. Code §§ 3.2-4122, 3.2-4123, 3.2-5145.4; Northern Virginia Hemp v. Va., No. 23-2192 (4th Cir. Jan. 7, 2025)

Effective

July 1, 2023

Full rules

HHC

Illegal

Limits

2 mg total THC per package cap (or 25:1 CBD:THC ratio); VCPA synthetic-derivative prohibition captures hydrogenation products including HHC.

Key law

Virginia SB 903 (2023); Va. Code §§ 3.2-4122, 3.2-4123, 3.2-5145.4; Virginia Consumer Protection Act synthetic-THC prohibition; Northern Virginia Hemp v. Va., No. 23-2192 (4th Cir. Jan. 7, 2025)

Effective

July 1, 2023

Full rules

THCA

Illegal

Limits

Total-THC formula: delta-9 + (0.877 × THCA) ≤ 0.3% dry weight; 2 mg total THC per package or 25:1 CBD:THC carve-out (carve-out eliminated Aug 15, 2026 by HB 30); $1,000 annual retailer registration; civil penalty up to $10,000 per day.

Key law

Virginia SB 903 (2023); Va. Code §§ 3.2-4122, 3.2-4123, 3.2-5145.4; HB 30 & SB 543 (2026); Northern Virginia Hemp v. Va., No. 23-2192 (4th Cir. Jan. 7, 2025)

Effective

July 1, 2023

Full rules

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Virginia

Latest news and analysis

All news

September 14, 2026

Is CBD Legal in Texas? 2026 Rules for CBD Oil, Gummies, Flower and Retail — and the Two Deadlines About to Narrow the Answer

Hemp CBD is legal in Texas under chapter 443, but the answer narrows on two dates: Texas already counts THCA toward total THC, and federal law counts total THC per container from December 11. Which SKUs are exposed.

September 10, 2026

Hemp Ban 2026: December 11 Is the New November 12 — Except in the States That Did Not Wait for Congress

P.L. 119-103 moved most of the federal hemp redefinition to December 11 — but Missouri and Illinois still hit November 12, Virginia, Ohio and Texas already bind harder, and Square's October 15 date is the earliest of all.

August 19, 2026

Virginia's 2 mg THC Cap Survived Court and Took Effect August 15

A federal judge declined to pause Virginia's 2 mg THC cap, and the strictest hemp limit in the country is now in force. The operator playbook, updated.

August 6, 2026

Virginia Stands Up a Hemp Enforcement Unit Two Weeks Before the 2 mg Cap Bites

A new AG enforcement unit, a federal lawsuit, and a 2 mg cap all land in the same month. Virginia hemp retail is about to be the most-watched market in the country.

July 31, 2026

Virginia's 2 mg Hemp Cap Hits August 15 — and the Industry Is Heading to Court

Three weeks before Virginia's 2 mg cap bites, hemp businesses say they'll ask a court to stop it — borrowing the playbook that half-worked in Ohio.

Virginia's New Health‑Data Rules and Cannabis Ecommerce: Pixels, Age Gates, and 'Sensitive' Data After July 1, 2025

Virginia SB 754 takes effect July 1, 2025, restricting reproductive and sexual health data use and signaling new privacy risk for cannabis and CBD ecommerce.

September 14, 2026

Is CBD Legal in Texas? 2026 Rules for CBD Oil, Gummies, Flower and Retail — and the Two Deadlines About to Narrow the Answer

Hemp CBD is legal in Texas under chapter 443, but the answer narrows on two dates: Texas already counts THCA toward total THC, and federal law counts total THC per container from December 11. Which SKUs are exposed.

September 10, 2026

Hemp Ban 2026: December 11 Is the New November 12 — Except in the States That Did Not Wait for Congress

P.L. 119-103 moved most of the federal hemp redefinition to December 11 — but Missouri and Illinois still hit November 12, Virginia, Ohio and Texas already bind harder, and Square's October 15 date is the earliest of all.

August 19, 2026

Virginia's 2 mg THC Cap Survived Court and Took Effect August 15

A federal judge declined to pause Virginia's 2 mg THC cap, and the strictest hemp limit in the country is now in force. The operator playbook, updated.

August 6, 2026

Virginia Stands Up a Hemp Enforcement Unit Two Weeks Before the 2 mg Cap Bites

A new AG enforcement unit, a federal lawsuit, and a 2 mg cap all land in the same month. Virginia hemp retail is about to be the most-watched market in the country.

July 31, 2026

Virginia's 2 mg Hemp Cap Hits August 15 — and the Industry Is Heading to Court

Three weeks before Virginia's 2 mg cap bites, hemp businesses say they'll ask a court to stop it — borrowing the playbook that half-worked in Ohio.

Virginia's New Health‑Data Rules and Cannabis Ecommerce: Pixels, Age Gates, and 'Sensitive' Data After July 1, 2025

Virginia SB 754 takes effect July 1, 2025, restricting reproductive and sexual health data use and signaling new privacy risk for cannabis and CBD ecommerce.

FAQ

Common questions

Is marijuana legal in Virginia?

Recreational marijuana is legal in Virginia. Medical marijuana is legal.

Is THCA legal in Virginia?

No. THCA flower and most THCA concentrates are not lawful at Virginia retail. Senate Bill 903, effective July 1, 2023, replaced the federal delta-9-only standard with a total-THC formula and added a 2 mg total-THC per-package cap (with a 25:1 CBD:THC ratio carve-out for higher-CBD products).

Is delta-8 THC legal in Virginia?

No. Delta-8 is effectively banned at retail in Virginia. Two laws work together.

Is hemp-derived delta-9 THC legal in Virginia?

Restricted. Hemp-derived delta-9 edibles and beverages can be sold at Virginia retail only if they meet SB 903's caps: 0.3 percent total THC by dry weight and no more than 2 mg total THC per package, or a CBD-to-THC ratio of at least 25:1.

This is general information, not legal advice.

Seed Legality

Home grow of 4 plants and adult sharing are legal, but seed sales stay unlicensed and illegal until retail opens in 2027.
Hemp seeds
Restricted
Marijuana seeds
Restricted
Sale
Illegal
Transacting
Restricted
Gifting
Legal

Virginia adults 21+ may possess marijuana and cultivate up to four plants per household (Va. Code §§ 4.1-1100, 4.1-1101), and 'adult sharing' under § 4.1-1101.1 makes gifting up to one ounce — including seeds — between adults lawful, so seeds are commonly acquired by gift because no retail channel exists. Gov. Spanberger vetoed the 2026 retail-market bill on May 19, 2026, then announced a June 16, 2026 budget agreement targeting licensed adult-use sales beginning July 1, 2027; until then, any sale of marijuana seeds remains an illegal distribution. Hemp growers must register with VDACS under Va. Code § 3.2-4112 et seq. to plant hemp seed lawfully.

Key law:
Va. Code §§ 4.1-1100, 4.1-1101, 4.1-1101.1; § 3.2-4112 et seq.
Last reviewed:
July 3, 2026
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This section is provided for informational purposes only and is not legal advice. Seed laws change frequently — verify current law with qualified counsel before making decisions.
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