Hemp, THC and CBD laws in Virginia
We track 3 Virginia rules on hemp, delta-8, THCA and CBD products; 2 are bans.
Check a specific item for VirginiaVirginia
BannedDo not ship intoxicating hemp products to Virginia: since August 15, 2026 a hemp product may contain no more than 0.3% total THC (THCA counted, synthetic THC isomers included) and no more than 2 mg total THC per package; anything above that is marijuana.
Va. Code § 4.1-600 (definitions: edible hemp product, hemp product, hemp product intended for smoking, marijuana, regulated hemp product, tetrahydrocannabinol, total tetrahydrocannabinol) · effective Aug 15, 2026 · draft
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"Edible hemp product" means any hemp product that is or includes an industrial hemp extract, as defined in § 3.2-5145.1 , and that is intended to be consumed orally. ... "Hemp product" means a product, including any raw materials from industrial hemp that are used for or added to a food or beverage, that (i) contains industrial hemp and has completed all stages of processing needed for the product and (ii) when offered for retail sale (a) contains a total tetrahydrocannabinol concentration of no greater than 0.3 percent and (b) contains no more than two milligrams of total tetrahydrocannabinol per package. "Hemp product intended for smoking" means any hemp product intended to be consumed by inhalation. ... "Marijuana" means any part of a plant of the genus Cannabis, whether growing or not, its seeds or resin; and every compound, manufacture, salt, derivative, mixture, or preparation of such plant, its seeds, its resin, or any extract containing one or more cannabinoids. "Marijuana" does not include (i) the mature stalks of such plant, fiber produced from such stalk, or oil or cake made from the seed of such plant, unless such stalks, fiber, oil, or cake is combined with other parts of plants of the genus Cannabis; (ii) industrial hemp that is possessed by a person registered pursuant to subsection A of § 3.2-4115 or his agent; (iii) industrial hemp that is possessed by a person who holds a hemp producer license issued by the U.S. Department of Agriculture pursuant to 7 C.F.R. Part 990; (iv) a hemp product; (v) an industrial hemp extract; or (vi) any substance containing a tetrahydrocannabinol isomer, ester, ether, salt, or salts of such isomer, ester, or ether that has been placed by the Board of Pharmacy into one of the schedules set forth in the Drug Control Act (§ 54.1-3400 et seq.) pursuant to § 54.1-3443 . ... "Regulated hemp product" means a hemp product intended for smoking or an edible hemp product. ... "Tetrahydrocannabinol" means any naturally occurring or synthetic tetrahydrocannabinol, including its salts, isomers, and salts of isomers whenever the existence of such salts, isomers, and salts of isomers is possible within the specific chemical designation and any preparation, mixture, or substance containing, or mixed or infused with, any detectable amount of tetrahydrocannabinol. For the purpose of this definition, "isomer" means the optical, position, and geometric isomers. ... "Total tetrahydrocannabinol" means the sum, after the application of any necessary conversion factor, of the percentage by weight of tetrahydrocannabinol and the percentage by weight of tetrahydrocannabinolic acid.
BannedDo not ship hemp smokables or hemp/CBD foods, drinks, gummies or tinctures to Virginia unless you hold a Virginia regulated hemp product retail facility registration: retail sale of products consumed orally or by inhalation that contain or are labeled with hemp-derived cannabinoids requires a $1,000/yr per-location registration.
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§ 3.2-4122. (Repeal effective July 1, 2027) Regulated hemp product retail facility registration; fee. A. No person shall offer for sale or sell at retail (i) a regulated hemp product or (ii) a substance intended for human consumption, orally or by inhalation, that is advertised or labeled as containing an industrial hemp-derived cannabinoid without a regulated hemp product retail facility registration. ... D. A regulated hemp product retail facility registration shall be required for each location that offers for sale or sells at retail regulated hemp products. E. Any person seeking a regulated hemp product retail facility registration shall apply to the Commissioner on a form provided by the Commissioner. At a minimum, the application shall include: ... 2. The physical address of the facility from which the applicant intends to offer for sale or sell at retail a regulated hemp product. A registration shall authorize the offering for sale or sale of regulated hemp products only at the location specified in the registration;
21+Hemp smokables (flower, pre-rolls, hemp vapes) may be sold in Virginia only to buyers 21 or older.
Va. Code § 18.2-371.2(A), (B) (eff. Oct. 1, 2026) · effective Oct 1, 2026 · draft
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§ 18.2-371.2 . (Effective October 1, 2026) Prohibiting sale or distribution, etc. of tobacco and hemp products intended for smoking by persons under 21 years of age; civil penalties. A. As used in this section: ... "Hemp product" and "hemp product intended for smoking" mean the same as those terms are defined in § 4.1-600 . ... B. No person shall sell to, distribute to, purchase for, or knowingly permit the purchase by any person younger than 21 years of age, knowing or having reason to believe that such person is younger than 21 years of age, any tobacco product or hemp product intended for smoking. No person shall sell tobacco products or hemp products intended for smoking from a vending machine.
Federal
Applies nationwide.
BannedFrom Dec. 11, 2026 (unless Congress extends the delay again), federal law no longer treats as hemp any consumer product with more than 0.4 mg total THC (incl. THCA) per container or any synthesized/converted cannabinoid, so delta-8/THCA/hemp-THC edibles and hemp flower become federally illegal marijuana everywhere in the US.
Pub. L. 119-37, div. B, sec. 781 (139 Stat. 558), amending 7 U.S.C. 1639o · effective Dec 11, 2026 · draft
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Sec. 781. <<NOTE: Effective date. 7 USC 1639o note.>> Effective 365 days after the enactment of this Act, Section 297A of the Agricultural Marketing Act of 1946 (7 U.S.C. 1639o) is amended-- ... ``(A) In general.--The term `hemp' means the plant Cannabis sativa L. and any part of that plant, including the seeds thereof and all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers, whether growing or not, with a total tetrahydrocannabinols concentration (including tetrahydrocannabinolic acid) of not more than 0.3 percent on a dry weight basis. ... ``(C) Exclusions.--Such term does not include-- ... ``(iii) any intermediate hemp-derived cannabinoid products which are marketed or sold as a final product or directly to an end consumer for personal or household use; or ``(iv) any final hemp-derived cannabinoid products containing-- ``(I) cannabinoids that are not capable of being naturally produced by a Cannabis sativa L. plant; ``(II) cannabinoids that-- ``(aa) are capable of being naturally produced by a Cannabis sativa L. plant; and ``(bb) were synthesized or manufactured outside the plant; or ``(III) greater than 0.4 milligrams combined total per container of-- ``(aa) total tetrahydrocannabinols (including tetrahydrocannabinolic acid); and ``(bb) any other cannabinoids that have similar effects (or are marketed to have similar effects) on humans or animals as a tetrahydrocannabinol (as determined by the Secretary of Health and Human Services). ... ``(C) The term `container' means the innermost wrapping, packaging, or vessel in direct contact with a final hemp-derived cannabinoid product in which the final hemp-derived cannabinoid product is enclosed for retail sale to consumers, such as a jar, bottle, bag, box, packet, can, carton, or cartridge.
BannedFrom Nov. 12, 2026, hemp products containing cannabinoids that the cannabis plant cannot naturally produce (e.g. THC-O acetate, HHC and other lab-made cannabinoids) are excluded from the federal hemp definition and are Schedule I nationwide.
Pub. L. 119-103, div. B, sec. 2019 (140 Stat. 1003) · effective Nov 12, 2026 · draft
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SEC. 2019. <<NOTE: Applicability.>> SECTION 781 EXTENSION. Until December 11, 2026, the amendments made by section 781 of division B of Public Law 119-37 (7 U.S.C. 1639o note) shall only apply with respect to products described in paragraphs (1)(C)(ii)(I) and (1)(C)(iv)(I) of section 297A of the Agricultural Marketing Act of 1946 (7 U.S.C. 1639o) (as amended by such section 781).
BannedDEA treats HHC and any THC made by chemically converting hemp CBD (most delta-8/delta-10, THC-O, HHC products) as Schedule I synthetic THC; don't ship them anywhere in the US.
21 CFR 1308.11(d) - Specific listing for hexahydrocannabinol (DEA final rule, 91 FR 23913, May 4, 2026) · effective May 4, 2026 · draft
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Hexahydrocannabinol is currently controlled in schedule I as a tetrahydrocannabinol. ... Thus, only tetrahydrocannabinols in or derived from the cannabis plant--not synthetic tetrahydrocannabinols--are excluded from control as ``tetrahydrocannabinols in hemp.'' To clarify further, tetrahydrocannabinols produced through chemical conversion, even when hemp derived are considered synthetically produced for purposes of the CSA, do not qualify as ``tetrahydrocannabinols in hemp'' under the AIA.
BannedDon't mail THCA flower or synthetic/converted-cannabinoid products by USPS: Pub 52 allows hemp only if it meets the federal hemp definition and every applicable law, and keeps tracking any 'successor' definition.
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453.37 Hemp-Based Products For purposes of this section, "hemp" refers to the definition provided under federal law, including Section 10113 of the Agricultural Improvement Act of 2018, Pub. L.115-334 (7 U.S.C. § 1639o), or any successor provision. Hemp and hemp-based products, including cannabidiol (CBD) with the tetrahydrocannabinol (THC) concentration of such hemp (or its derivatives) not exceeding a 0.3 percent limit are permitted to be mailed domestically only when the mailer: Complies with all applicable federal, state, and local laws, including U.S. Department of Agriculture approved plans for hemp production, processing, distribution, and sales (7 CFR Part 990). Retains records establishing compliance with such laws and plans, including laboratory test results, licenses, or compliance reports, for no less than 3 years after the date of mailing. Shipments of hemp and hemp-based products, including CBD, are prohibited in international mail, including items for delivery to overseas Army Post Office, Fleet Post Office, and Diplomatic Post Office addresses (APO/FPO/DPO).
Permit neededUPS carries hemp and CBD products only for shippers with a UPS contract for them, and never carries vape products; don't ship hemp/CBD by UPS without that agreement.
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Marijuana, including marijuana intended for medical use and Cannabidoil ("CBD") derived from Marijuana
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Vape products within, to or from the U.S
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Certain items we list as prohibited will be accepted by UPS on a contractual basis for shippers with regular volume and the ability to comply with all applicable laws and regulations. The items we can carry under certain criteria are:
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Hemp and CBDBannedFDA's position is that CBD or THC foods, drinks and dietary supplements cannot lawfully be shipped across state lines, so interstate online sales of CBD/THC gummies, beverages or supplements are federally prohibited.
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9. Can THC or CBD products be sold as dietary supplements? A. No. Based on available evidence, FDA has concluded that THC and CBD products are excluded from the dietary supplement definition under section 201(ff)(3)(B) of the FD&C Act [21 U.S.C. § 321(ff)(3)(B)]. ... 10. Is it legal, in interstate commerce, to sell a food (including any animal food or feed) to which THC or CBD has been added? A. No. Under section 301(ll) of the FD&C Act [21 U.S.C. § 331(ll)], it is prohibited to introduce or deliver for introduction into interstate commerce any food (including any animal food or feed) to which has been added a substance which is an active ingredient in a drug product that has been approved under section 505 of the FD&C Act [21 U.S.C. § 355], or a drug for which substantial clinical investigations have been instituted and for which the existence of such investigations has been made public.