Is Delta 9 THC Legal in Virginia After the 2026 Regulatory Updates?

Yes, Delta 9 THC is legal in Virginia under specific conditions. The 2021 legalization of hemp-derived cannabinoids permits possession of products containing ≤0.3% Delta 9 THC by dry weight. Retail sales require Virginia Department of Agriculture and Consumer Services (VDACS) registration, with local ordinances in cities like Richmond and Arlington imposing additional zoning restrictions. Compliance with the 2026 FDA-aligned testing protocols is mandatory.

Key Regulations for Delta 9 THC in Virginia

  • THC Concentration Limit: Products must not exceed 0.3% Delta 9 THC per unit, measured on a dry weight basis. Edibles are capped at 25mg per serving, with total package limits enforced.
  • Licensing Requirements: Retailers must obtain a VDACS-issued hemp processor or retailer license. Local health departments may impose supplementary permits, particularly in jurisdictions with prior cannabis dispensary bans.
  • Labeling and Testing: All products require third-party lab testing for potency and contaminants, with certificates of analysis (COAs) traceable to VDACS’s Cannabis Control Act database. Mislabeling Delta 9 as “hemp-derived” without compliance documentation constitutes a Class 1 misdemeanor.