Is Delta-9 Legal in Virginia 2023?

Delta-9 tetrahydrocannabinol (Delta-9 THC) is one of the main psychoactive compounds found in the cannabis plant. With the growing popularity of hemp-derived products like CBD, many people are wondering about the legal status of Delta-9 THC in Virginia. This blog post will examine whether Delta-9 is legal in Virginia, the laws around hemp-derived products, and what Delta-9 products may be legally available to Virginians over 21.

The Legal Status of Delta-9 THC in Virginia

Recreational marijuana and Delta-9 THC remain illegal in Virginia in 2023. The possession, sale, or distribution of marijuana and Delta-9 THC for recreational purposes is prohibited by state law. 

However, hemp-derived products containing less than 0.3% total THC are legal in Virginia. This includes some products that contain small amounts of Delta-9 THC, as long as they meet the 0.3% total THC limit. 

The Virginia Department of Agriculture and Consumer Services (VDACS) regulates hemp products in the state. Under the 2018 Federal Farm Bill, hemp containing up to 0.3% THC is no longer considered a controlled substance at the federal level. Virginia adopted this definition in its own state laws regarding hemp.

So in summary, while recreational Delta-9 THC remains illegal in Virginia, certain hemp-derived products with Delta-9 THC may be legally sold and purchased if they contain 0.3% or less total THC.

Age Limit of 21 for Delta-9 Products

Virginia follows federal law which restricts the sale of hemp products containing Delta-9 THC to adults 21 and over. The 2018 Farm Bill states that no hemp products containing Delta-9 THC can be sold to anyone under the age of 21.

This age restriction applies specifically to hemp-derived products containing Delta-9 THC, even small trace amounts. CBD products without Delta-9 do not have an age restriction. But any product with detectable levels of Delta-9 THC can only be purchased by adults 21 and older. 

Selling Delta-9 products to minors under 21 violates both federal and Virginia state law. Retailers face penalties for underage sales. Adults must be prepared to show ID proving they are 21 or older when purchasing Delta-9 products.

virginia legal d9

Delta-9 THC Gummies in Virginia

One popular category of hemp-derived Delta-9 products gaining attention are Delta-9 THC gummies. These are similar to CBD gummies but contain measured doses of Delta-9 THC from hemp.

Delta-9 gummies sold in Virginia must contain 0.3% or less total THC to comply with legal limits. They provide an edible way to take small amounts of Delta-9 THC. 

Delta-9 gummies cannot be sold to those under 21 according to state laws. Adults 21+ can find compliant Delta-9 gummies in Virginia at some smoke shops, vape stores, and specialty retailers, along with online ordering.

Other Hemp Derived Products with Delta-9 

In addition to gummies, other hemp derived products may also contain trace amounts of Delta-9 THC while still meeting the 0.3% legal limit in Virginia. These can include:

- Vape cartridges and vape juices with Delta-9 THC oil

- Tinctures or sprays with hemp-derived Delta-9 THC 

- Topical creams and balms infused with Delta-9

- Hemp flower with low concentrations of Delta-9 THC

To remain compliant with state laws, these products must have independent lab testing documenting 0.3% or less total THC content. This testing ensures products follow the limits for legal hemp derivatives in Virginia.

Retailers of Delta-9 products must be licensed by the VDACS Hemp Program and check ID to prevent underage sales.

Total THC Limit of 0.3%

The 0.3% total THC limit is a key concept in understanding which hemp-derived Delta-9 products are permitted under Virginia law. 

Total THC refers to the combined percentage of delta-9 THC and delta-8 THC, along with trace amounts of other THC isomers. All the THC present must sum to less than 0.3% total for Virginia products.

This means Delta-9 THC cannot legally be isolated or concentrated. It must remain blended with other hemp compounds like CBD, terpenes, and flavonoids. Products exceeding 0.3% total THC remain classified as marijuana and are prohibited.

Independent testing helps ensure legal compliance, though testing methods can vary. The total THC limit provides a legal framework for allowing Delta-9 access while limiting intoxicating potency.

Virginia's Approach to Hemp Laws 

Virginia has generally taken an expansive approach to implementing hemp laws and making hemp-derived products available. In 2020, the Virginia General Assembly passed a bill explicitly legalizing all hemp extracts, including Delta-8 THC.

The VDACS does not differentiate between Delta-8 and Delta-9 when regulating hemp products, as long as they meet the federal limit of 0.3% total THC. The agency holds that both Δ8 and Δ9 THC from hemp are legal within these limits.

However other states have interpreted federal hemp laws differently. So the availability of Delta-9 products depends on each state's specific hemp regulations. Virginia currently provides relatively open access compared to more restrictive states.

Sale of Delta-9 Products 

Under Virginia state law, licensed retailers are permitted to sell consumable hemp products containing Delta-9 THC if the items meet the following criteria:

- Derived from legal hemp material with less than 0.3% total THC

- Have complete independent lab test results showing 0.3% or less total THC

- Are clearly labeled as containing Delta-9 THC

- Are sold only to adults aged 21 and over with ID verification

Products must also follow other general regulations for retail products like proper labeling and packaging. Retailers need to follow all associated record-keeping and reporting requirements.

Delta-9 products without proper documentation, labeling, and age verification should be avoided in Virginia. Consumers can protect themselves by only purchasing from reputable, legal retailers following VDACS regulations.

delta 9 Virginia

Difference Between Delta-8 and Delta-9 THC

Delta-8 THC is another psychoactive cannabinoid that can be derived from hemp. It provides a similar high to Delta-9 THC but with reduced potency and effects. 

Delta-8 THC is legal at the federal level, as it is chemically distinct from Delta-9 THC and included under broader industrial hemp regulations. Virginia explicitly legalized Delta-8 products meeting the 0.3% THC limit.

However, Delta-9 remains more strictly controlled. While low doses from hemp are permitted, Delta-9 carries more regulatory considerations compared to Delta-8. Consumers should understand the distinction when purchasing THC products.

Using Delta-9 Products Responsibly

Delta-9 THC causes intoxicating effects and impairment even at low hemp-derived doses. Responsible use of products with Delta-9 is important for consumer health and safety.

Potential side effects like dizziness, anxiety, and sedation may occur with Delta-9 use. Effects can last 4-8 hours. Consumers should exercise caution when trying Delta-9 products for the first time until tolerance is built.

Operating vehicles or machinery should be avoided after taking Delta-9 THC. Pregnant or breastfeeding women should consult a doctor before use. Delta-9 THC can interact with many medications and pre-existing conditions. Seeking medical advice is ideal prior to consuming Delta-9 products.

Is Delta-9 Legal in Your State?

Delta-9 THC laws, regulations, and availability vary widely from state to state. Some states like Colorado and California allow recreational Delta-9 products. Others only permit low-THC hemp derivatives. And some states prohibit Delta-9 entirely.

Checking your local state laws is important before attempting to buy or use Delta-9 products. Transporting cannabis products across state lines also remains federally illegal.

In Virginia, hemp-derived Delta-9 THC products are available but limited to 0.3% total THC for adult use only. Other states take a more restrictive regulatory approach regarding Delta-9 legality. Consumers should be aware of their state's specific policies.

The Future of Delta-9 THC Access

As hemp regulations continue evolving across the country, many expect access to Delta-9 products to increase in coming years. More states are considering allowing regulated adult use of cannabis products, including measured doses of Delta-9 THC.

However, the scope of Delta-9 legality will depend on lawmakers finding a balance between providing access and limiting public health risks. Stricter regulations could also be introduced reactively if safety issues emerge.

For now, Virginians 21 and over can find limited hemp-derived Delta-9 THC products that meet the state's current requirements for sale of certain hemp derived products. But the future legal landscape remains uncertain as reforms continue unfolding.

Virginia delta 9 legal



While recreational marijuana use remains prohibited in Virginia, hemp-derived products with small amounts of Delta-9 THC can be legally purchased by adults 21+. However Delta-9 products must contain less than 0.3% total THC and follow other regulations set by Virginia's hemp laws. 

The materials available on this site are intended for general informational purposes only. Any retail sale of products is conducted by Triangle Hemp Wellness, an independent retailer that ships Delta-9 and other full spectrum CBD products nationwide.

Triangle Hemp Wellness offers fast shipping, great prices, and carries a vast array of THC and CBD products in compliance with Virginia laws and regulations. Statements on this site have not been evaluated by the Virginia Department of Agriculture and Consumer Services.

Consumers should be aware of the distinctions between Delta-8 and Delta-9 THC and exercise caution when trying Delta-9 products. Responsible use and purchasing from reputable retailers is advised. Laws are continuing to evolve, but for now compliant Delta-9 products are available in Virginia to those of legal age.


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