Is CBD legal in Virginia? 2026

Legal 2 productsLegal with limits 5 productsNot legal 1 product
Yes, under a 2 mg THC capVerified Sep 30, 2026

CBD is legal in Virginia, but since August 15, 2026 no hemp product may hold more than 2 mg total THC per package, and THC or smokable hemp is for adults 21+.

CBD oil in Virginia
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CBD oil & tinctures

In Virginia
LegalChecked Sep 30, 2026

Yes. CBD oil and tinctures are legal in Virginia if the package holds 2 mg total THC or less and the product is 0.3% total THC or less. Oils that contain any THC must be labeled as not for sale to anyone under 21.

  • Stores selling CBD meant to be swallowed need a state hemp retail registration.
  • Isolate and broad-spectrum oils fit the 2 mg cap most easily.
Min. age
21+ for THC-containing and smokable hemp; no stated minimum for THC-free CBD
THC limit
0.3% total THC (incl. THCA) and 2 mg total THC per package
Medical
Medical cannabis program
Recreational
Yes (adult-use possession); retail sales from July 1, 2027

Virginia at a glance

Status of all 8 products in Virginia. Tap a row to see the full answer.

ProductStatusThe rule
CBD oil & tincturesLegal2 mg total THC per package max · 21+ label if it has THC
CBD gummies & ediblesLegal with limits2 mg total THC per package · no animal, fruit or human shapes
CBD creams & topicalsLegal0.3% total THC · 2 mg total THC per package max
Full-spectrum CBDLegal with limits2 mg total THC per package; most full-spectrum oils exceed it
Hemp delta-9 edibles & drinksLegal with limits2 mg total THC per package; over 0.4 mg fails federal cap Dec 11
Delta-8, delta-10 & THCPLegal with limitsCounts as THC · 2 mg total THC per package max
THCA flower & pre-rollsNot legalTHCA counts toward 0.3% total THC and 2 mg per package
Hemp vapes & cartsLegal with limits21+ · 2 mg total THC per package max

Virginia CBD laws by product

Checked Sep 30, 2026 against Virginia's official sources, listed at the end of the page.

Is CBD oil legal in Virginia?

Legal

Yes. CBD oil and tinctures are legal in Virginia if the package holds 2 mg total THC or less and the product is 0.3% total THC or less. Oils that contain any THC must be labeled as not for sale to anyone under 21.

  • Stores selling CBD meant to be swallowed need a state hemp retail registration.
  • Isolate and broad-spectrum oils fit the 2 mg cap most easily.
CBD strength per drop →

Are CBD gummies legal in Virginia?

Legal with limits

Yes, with limits. CBD gummies and edibles are legal in Virginia at 2 mg total THC or less per package, but they may not be shaped like a person, animal, vehicle or fruit.

  • Edibles with THC need child-resistant packaging and a 21+ label.
  • Labels must list total THC in milligrams, and a lab certificate of analysis must go with the product.
Why THC per jar matters →

Are CBD creams and topicals legal in Virginia?

Legal

Yes. CBD creams and topicals are legal in Virginia. They count as topical hemp products, so the 0.3% total THC limit and the 2 mg total THC per package cap apply.

Is full-spectrum CBD legal in Virginia?

Legal with limits

Only if the whole package holds 2 mg total THC or less. Since August 15, 2026, Virginia no longer lets high-CBD products exceed that cap, and most full-spectrum oils do.

  • Check total THC per package on the lab report, not just the percentage.
  • The federal cap drops to 0.4 mg per container on December 11, 2026.

Are hemp delta-9 edibles and drinks legal in Virginia?

Legal with limits

Only up to 2 mg total THC per package, with a 21+ label and child-resistant packaging. Products above that are not hemp in Virginia, and even 2 mg packages will exceed the federal 0.4 mg per container cap on December 11, 2026.

  • Licensed adult-use marijuana sales are scheduled to start July 1, 2027.
  • Medical cannabis patients can buy THC products at licensed dispensaries.
Hemp under federal law →

Is delta-8 legal in Virginia?

Legal with limits

Only in tiny amounts. Virginia counts delta-8, delta-10 and other THC isomers, natural or synthetic, as THC, so a product must stay at 2 mg total THC per package or less. That rules out almost every delta-8 product sold today.

  • Federal law removes converted cannabinoids like delta-8 from hemp on December 11, 2026.

Is THCA flower legal in Virginia?

Not legal

No. Virginia counts THCA in total THC, so THCA flower and pre-rolls above 0.3% total THC, or above 2 mg total THC per package, are not hemp.

  • Any hemp product meant to be smoked may not be sold to anyone under 21.

Are hemp vapes legal in Virginia?

Legal with limits

Legal for adults 21+ only. Hemp vapes count as hemp products intended for smoking, and they must stay at 2 mg total THC per package or less, which rules out delta-8 and THC carts.

  • Sellers need a state hemp retail registration for inhaled hemp products.

What changed in Virginia

How the December 11 rule works →

2 state changes since 2024. Two federal changes follow on Nov 12 and Dec 11, 2026. See each change with its source.

Today
Aug 15 2026
Virginia
2 mg THC per package cap, 25:1 ends
Nov 12 2026
Federal · all states
41 daysLab-only cannabinoids like THC-O lose hemp status
Dec 11 2026
Federal · all states
70 days0.4 mg total THC per container cap

Buying and carrying CBD in Virginia

Buying CBD online in Virginia

Virginia's cap applies to hemp products produced or sold in the state: 0.3% total THC and no more than 2 mg total THC per package. Anyone selling hemp products meant to be eaten or inhaled at retail needs a Virginia hemp retail registration. Virginia's sources do not set separate rules for online orders shipped into the state.

Traveling with CBD in Virginia

Hemp products within Virginia's caps are not marijuana under Virginia law. Virginia's sources do not address carrying CBD into or through the state.

TSA rules for CBD →

CBD for pets in Virginia

Virginia's hemp product rules don't address pet products separately.

Virginia Medical Cannabis Program

The Virginia Cannabis Control Authority runs the medical cannabis program. Patients need a written certification from an eligible practitioner and buy from licensed medical cannabis dispensaries.

Verify the source →

Is your full-spectrum product over the December 11 cap?

Enter delta-9 and THCA from the lab report and the package size, and the calculator shows total THC per container.

Use the total THC calculator

Virginia CBD questions

Is CBD oil legal in Virginia in 2026?

Yes. CBD oil is legal in Virginia if the package holds 2 mg total THC or less and the oil is 0.3% total THC or less. Oils with any THC must carry a 21+ label.

How old do you have to be to buy CBD in Virginia?

Hemp products meant to be smoked or vaped are 21+ by law, and any hemp product containing THC must be labeled as not for sale to anyone under 21. Virginia's sources do not state an age limit for THC-free CBD.

Can you buy CBD online in Virginia?

Virginia's cap applies to hemp products produced or sold in the state: 0.3% total THC and no more than 2 mg total THC per package. Anyone selling hemp products meant to be eaten or inhaled at retail needs a Virginia hemp retail registration. Virginia's sources do not set separate rules for online orders shipped into the state.

Can you travel with CBD in Virginia?

Hemp products within Virginia's caps are not marijuana under Virginia law. Virginia's sources do not address carrying CBD into or through the state.

What does the federal December 11, 2026 cap change in Virginia?

Virginia already caps hemp products at 2 mg total THC per package. From December 11, 2026, federal law lowers that to 0.4 mg per container, so products between 0.4 and 2 mg will no longer be federally legal hemp.

Sources 7Checked Sep 30, 2026
  1. Virginia General Assembly (Code of Virginia)Code of Virginia section 4.1-600 Definitions (hemp product, total tetrahydrocannabinol)
  2. Virginia Cannabis Control AuthorityHemp Information
  3. Virginia General Assembly (Code of Virginia)Code of Virginia section 3.2-4123 Product packaging, labeling, and testing
  4. Virginia General Assembly (Code of Virginia)Code of Virginia section 3.2-4122 Regulated hemp product retail facility registration
  5. Virginia General Assembly (Code of Virginia)Code of Virginia section 18.2-371.2 Tobacco and hemp products intended for smoking, persons under 21
  6. Virginia Department of Agriculture and Consumer ServicesVirginia's New Marijuana and Hemp Laws: What You Need to Know (July 1, 2026)
  7. Virginia Cannabis Control AuthorityMedical Cannabis Program Overview

Open these official sources, with links, on our verification page →

How we checked: every answer on this page was checked on Sep 30, 2026 by the canary. editorial desk against 7 official government sources. When we find a change, we update this page and log it with its date. See every source with its link.

General information, not legal advice. Hemp law in Virginia can change quickly. Check the official sources above or speak with a Virginia attorney before buying, selling or shipping hemp products.

Compare nearby states

Full map →

Each badge is that state's overall verdict across all 8 products.

District of ColumbiaNot legalKentuckyLegal with limitsMarylandLegal with limitsNorth CarolinaLegalTennesseeLegal with limitsWest VirginiaLegal with limits