VIRGINIA STATE LAWS REGARDING DELTA 8 THC AND CBD
Over two-thirds of states have legalized the use of medical marijuana, while about a third have legalized recreational use. Virginia has become one of the first southern states to legalize recreational marijuana use, for those over the age of 21.
On April 7, 2021, the state of Virginia became the first state in the South to begin the process of legalizing cannabis for adult recreational use. The Legislative bill HB2312 and SB1406, which were introduced by Governor Northam, were both passed by the 2021 General Assembly, in an effort to prioritize social equity, public health and public safety. These bills have created a three year plan to legalize cannabis marijuana and create a regulatory framework for the legal sale of marijuana in the state.
Hemp cannabis was legalized at the federal level with the passage of the 2018 Farm Bill, allowing for the cultivation, production, distribution, transportation, sale, and possession of hemp and hemp products containing 0.3% or less THC.
What does this mean for residents of Virginia, and how does the Old Dominion state treat compounds like cannabidiol (CBD), cannabigerol (CBG), and delta-8-tetrahydrocannabinol?
What is the Legal Status of CBD in Virginia?
You might think the answer to this question is pretty straightforward since the 2018 Farm Bill legalized hemp cannabis in the U.S., including all 50 states. However, there are states like Kansas that maintains stricter laws where CBD is concerned, as Kansas only allows CBD products containing 0% Delta 9 THC for average citizens.
However, in the state of Virginia, the legal sale and possession of CBD products “without limitations”, applies to all CBD related products that are extracted from hemp cannabis, and stay under the federal threshold of 0.3% Delta 9 THC.
What About CBG?
When CBG is derived from hemp cannabis, it is considered legal in all 50 states. The state of Virginia applies the same laws to CBG as it does CBD above. As long as CBG products are extracted from hemp cannabis, and stay below the federal threshold of 0.3% Delta 9 THC, then it is considered legal “without limitations”.
So is Delta 8 THC Legal in the state of Virginia?
Yes, Delta 8 THC is legal in Virginia.
In the approved version of the Chapter 653 (H 1839), it provides the following:
“Industrial hemp” means all parts and varieties any part of the plant Cannabis sativa, including seeds thereof and any derivative, extract, cannabinoid, isomer, acid, salt, or salt of an isomer, whether growing or not, that contain with a concentration of tetrahydrocannabinol that is no greater than that allowed by federal law.
Since the 2018 Farm Bill specifies that the concentration to be monitored is that of the Delta 9 THC level and at the limit of 0.3%, as measured on a dry weight basis, Delta 8 THC is legal in therefore legal in the state of Virginia.
Broad Spectrum vs. Full Spectrum
Full-spectrum CBD contains all of the chemical compounds naturally occurring in the plant, which amounts to roughly 400 substances. Cannabis consists of terpenes, flavonoids, and over 100 cannabinoids that interact with the endocannabinoid system, including Delta 9 THC, the cannabinoid responsible for psychoactive effects.
Luckily for the residents of Virginia, and the laws surrounding both hemp, as well as marijuana recently, the state is pro-cannabis. Some states won’t allow Full Spectrum CBD products, as they do contain trace amounts of Delta 9 THC.
However, in Virginia, the laws clearly state that all hemp cannabis products that contain no more than 0.3% Delta 9 THC are legal. With that being said, both Full Spectrum CBD, as well as Broad Spectrum CBD are legal in the state of Virginia.
Should I buy Delta 8 THC in Virginia or Online?
Most smart people, like you, know shopping online is typically the fastest and most cost effective way get almost any product; including delta 8 THC products. Have the ability to buy directly from the brand, read reviews, take a look at third-party certificates of analysis (COA) tests, and compare products easily from the comfort of your home.
However, there are some companies producing delta 8 THC through potentially unsafe methods or that are selling products with higher delta-9 content that is legally allowed. For example, some are using heavy metal reagents or doing a poor job at removing the (illegal) delta 9 THC content or harsh chemicals and acids from the final product.
To reduce your odds of coming into this type of problem, it is recommended to always buy from brands that display their third-party COA’s – and this is the greatest benefits of buying online.
Additional Benefits of Ordering D8 THC online:
- Get better online pricing and seasonal discounts
- Easily read real customer product reviews & see third-party COA’s
- Convenience of ordering from the comfort of your home
- Typically a better product selection with online shops
- Products left on store shelves can expire if they there isn’t a lot of store traffic
What is the Difference Between Delta-8 THC and Marijuana?
Some of the biggest confusion over cannabis products comes from Delta 8 THC and Marijuana (Delta 9 THC) Gummies. While they’re more similar than different, there are important distinctions you should consider before buying.
Both Delta 8 and Delta 9 THC occur naturally within cannabis plants. Both create psychotropic effects in users called a “high.” And both are chemically very similar. In chemical terms, Delta 8 is an isomer of Delta 9, meaning it possesses the same elements but a different chemical structure.
That difference is important. The change in chemical structure causes the molecules to interact slightly differently in the body. Where Delta 9 slots perfectly into receptors in the endocannabinoid system, Delta 8 doesn’t fit as easily.
The chemical difference means that Delta 8 produces a less potent high. Delta 9 THC creates an intense and heady experience. It can make users feel euphoric, get the giggles, feel hungry, and become tired. Delta 8 creates effects that similar, but less potent.
The high Delta 8 produces is gentler and more clear-headed. It’s also less likely to lead to feelings of paranoia.
Is a Medical Card Needed in Virginia to order Delta 8 THC Products?
As Delta 8 products are not regulated, there are no medicinal Delta 8 THC products to purchase. Delta 8 THC still falls under the 2018 Farm Bill, as well as the laws that in Virginia that mimic the federal laws stating that, hemp cannabis derived products, that do not contain more than 0.3% Delta 9 THC are legal.
You can buy it without a medical license in all Delta 8 THC legal states, including the Old Dominion State.