Is Delta 8 Legal in Virginia?

May 20, 2025

Is Delta 8 Legal in Virginia? (2025 Update)

As of 2025, Delta-8 THC is effectively banned in Virginia. The state enacted Senate Bill 903, which took effect on July 1, 2023, imposing strict limits on hemp-derived products. Specifically, products must contain no more than 0.3% total THC and are limited to 2 milligrams of THC per package. This legislation effectively prohibits the sale of most Delta-8 THC products in the state. 

Enforcement of this ban has been rigorous. Between July 2023 and June 2024, over 300 businesses were fined nearly $10.8 million for selling illegal hemp-derived products, including Delta-8 THC . The Virginia Department of Agriculture and Consumer Services (VDACS) is actively monitoring and enforcing these regulations.

In January 2025, the U.S. Court of Appeals for the Fourth Circuit upheld Virginia's restrictions, ruling that they do not violate federal law. The court affirmed that the 2018 Farm Bill does not preempt state regulations on hemp-derived products, allowing Virginia to enforce its stricter standards. 

In summary, Delta-8 THC products are not legally available for purchase in Virginia in 2025, and the state continues to enforce this prohibition through substantial fines and regulatory oversight.

What Is Delta 8 THC and Why It’s Legally Complex

Delta-8 THC sits in a legal gray zone that’s confused consumers, retailers, and even lawmakers since it entered the hemp marketplace. At the heart of the issue is a mix of chemical nuance and legislative loopholes. While Delta-8 is technically derived from legal hemp, its intoxicating effects have triggered a wave of state-level crackdowns, including Virginia’s. 

To understand why Delta-8’s legality is so debated, it’s essential to break down how it differs from Delta-9 THC and how federal law created this uncertain legal status.

Delta 8 vs. Delta 9 THC: Key Legal Differences

Delta-8 and Delta-9 are both cannabinoids, but their legal treatment hinges on two key factors: chemical structure and source. Delta-8 occurs naturally in hemp, but only in trace amounts. To make it commercially viable, producers typically convert CBD (also from hemp) into Delta-8 through a chemical process.

This lab-based conversion raises concerns because Delta-9 THC - the compound most associated with marijuana’s psychoactive effects - is tightly regulated under both federal and state law. Delta-9 is classified as a Schedule I substance when present in concentrations above 0.3% by dry weight. In contrast, Delta-8 isn’t specifically listed under the federal Controlled Substances Act, creating a gap that many saw as legal permission to sell it, until states like Virginia stepped in to close that gap.

The takeaway: Delta-8 may come from hemp, but because it mimics Delta-9’s effects, it has triggered closer legal scrutiny in many states.

Impact of the 2018 Farm Bill on Delta 8 THC

The 2018 Farm Bill was a turning point for cannabinoids in the U.S. It federally legalized hemp and its derivatives, provided they contain less than 0.3% Delta-9 THC on a dry weight basis. That definition opened the door for products like Delta-8, which technically comply with the Delta-9 limit but still produce intoxicating effects.

However, the law didn’t specifically address newer or synthetically converted cannabinoids. That omission allowed a legal market for Delta-8 to emerge, but it also gave states the authority to regulate, or ban, those compounds outright. According to the U.S. Department of Agriculture, the Farm Bill did not limit states from enacting stricter laws on hemp-derived products.

So while the Farm Bill made Delta-8 possible at the federal level, it also gave states like Virginia the final say. That’s how a compound that’s technically hemp-derived can still be illegal in some states.

Virginia’s Laws on Delta 8 THC

Virginia has implemented stringent regulations on hemp-derived products, including Delta-8 THC, to ensure public health and safety. These laws define permissible THC concentrations, establish packaging and labeling requirements, and enforce compliance through inspections and penalties.

Controlled Substances and Hemp-Derived THC in Virginia

As of July 1, 2023, Virginia law stipulates that hemp products intended for human consumption must not exceed 0.3% total THC and must contain no more than 2 milligrams of total THC per package unless the product maintains a CBD to THC ratio of at least 25:1. "Total THC" encompasses all forms of THC, including Delta-8 and Delta-9.

Additionally, the Virginia Consumer Protection Act prohibits the sale of substances intended for human consumption that contain synthetic derivatives of THC.

Legislative or Policy Changes (2021–2025)

In 2023, Virginia's General Assembly passed legislation amending the Code of Virginia to enforce stricter controls on hemp-derived products. Key provisions include:

• THC Limits: Products must not exceed 0.3% total THC and 2 milligrams of THC per package, unless maintaining a 25:1 CBD to THC ratio.

• Packaging and Labeling: Edible hemp products must be in child-resistant packaging and bear specific labeling, including a certificate of analysis from an ISO 17025 accredited laboratory.

• Retail Registration: Effective November 15, 2024, retailers must obtain a Regulated Hemp Product Retail Facility Registration to sell edible or smokable hemp products.

How Enforcement Works in Practice

The Virginia Department of Agriculture and Consumer Services (VDACS) established the Office of Hemp Enforcement in 2023 to oversee compliance with hemp product regulations. Between July 1, 2023, and June 30, 2024, over 300 businesses were fined nearly $10.8 million for selling illegal hemp-derived products, including Delta-8 THC.

VDACS inspectors conduct on-site evaluations of businesses, assessing product compliance with THC limits, packaging, labeling, and documentation requirements. Non-compliant products are subject to removal, and businesses may face civil penalties of up to $10,000 per violation.

Can You Legally Buy Delta 8 in Virginia?

As of 2025, purchasing Delta-8 THC products in Virginia is largely prohibited due to stringent state regulations. However, nuances exist regarding product types and purchasing methods.

In-State Retailers & Availability

Virginia's Senate Bill 903, effective July 1, 2023, imposes strict limits on hemp-derived products, including Delta-8 THC. The law restricts products to a maximum of 0.3% total THC and no more than 2 milligrams of total THC per package, unless the product maintains a CBD to THC ratio of at least 25:1. This effectively bans most Delta-8 THC products, particularly edibles and beverages, from being sold in the state.

Despite these restrictions, some retailers may still offer products like tinctures and vapes that comply with the state's THC limits. However, enforcement has been rigorous; between July 2023 and June 2024, over 300 businesses were fined nearly $10.8 million for selling illegal hemp-derived products, including Delta-8 THC. 

Online Ordering and Shipping to Virginia

Ordering Delta-8 THC products online for delivery to Virginia is also fraught with legal challenges. While some consumers report receiving shipments without issue, the state's laws apply to all sales, including online transactions. The Virginia Department of Agriculture and Consumer Services (VDACS) has indicated plans to address online retailers as enforcement resources allow.

It's important to note that while the 2018 Farm Bill legalized hemp-derived cannabinoids at the federal level, it allows states to impose their own restrictions. Virginia's laws supersede federal regulations in this context, making the sale and purchase of most Delta-8 THC products illegal within the state.

For those seeking legal alternatives, products containing compliant levels of Delta-9 THC (less than 0.3% by dry weight) or full-spectrum CBD products may be available. These products must adhere to Virginia's stringent regulations to be legally sold and consumed within the state.

In summary, while the legal landscape surrounding Delta-8 THC in Virginia is complex and restrictive, consumers should exercise caution and stay informed about current laws to ensure compliance.

Best Delta 8 Products Available to Virginia Residents

Although Virginia’s current laws severely restrict the sale of Delta 8 THC products, some hemp-derived alternatives may still comply with the state’s THC limits. For Virginia consumers exploring legal and reliable options, Moonwlkr offers a range of federally compliant hemp-derived THC products crafted for both convenience and effect. If regulations shift or clarification is issued on trace-level Delta 8 formats, the following categories will remain the most relevant for both new and experienced users.

Gummies for Convenience & Long-Lasting Effects

Moonwlkr’s Delta 8 gummies are crafted to deliver a gradual, prolonged experience, making them a go-to option for those seeking steady, discreet relief. Each gummy is infused, not sprayed, for consistent potency, with flavors like Blue Dream Berry, Watermelon Zkittlez, and Black Raspberry offering more than just standard fruit profiles.

• Potency: Typically 25mg of Delta 8 THC per gummy (check local compliance)

• Why They Stand Out: Easy to dose, no odor, and a longer duration of effects—ideal for relaxing evenings or easing into sleep.

• Beginner-Friendly: Slow onset reduces the risk of overconsumption for first-time users.

Vapes for Fast-Acting Relief

For those seeking near-instant effects, Moonwlkr’s Delta 8 vapes deliver clean vapor and consistent flavor. Each cartridge contains premium Delta 8 THC extract combined with natural terpenes for strain-specific effects. Vapes are best suited for experienced users or those needing faster relief from stress or discomfort.

• Strain Options: Grape Runtz (calming), Sour Lemon Haze (energizing), and Green Mango Crack (balanced).

• Benefits: Portable, fast-acting, and easy to control dosage with short inhalations.

• Lab-Tested: Every batch is third-party tested for purity, heavy metals, and potency.

Other Legal Alternatives (If Needed)

Given that most Delta 8 THC products are currently banned in Virginia under Senate Bill 903, Virginia residents may want to consider compliant alternatives:

• Compliant Delta 9 Gummies: Moonwlkr offers Delta 9 THC products that meet federal legality (under 0.3% THC by dry weight), providing a similar experience with a slightly different legal pathway.

• Full-Spectrum CBD: These contain minor cannabinoids like CBG and CBN for a more holistic effect profile, with no intoxicating impact.

• CBN Sleep Aids: Ideal for users focused on nighttime relief without the psychoactive component of THC.

All of Moonwlkr’s offerings are derived from hemp and rigorously tested to meet both federal and consumer safety standards.

Final Thoughts: What Virginia Residents Should Know About Delta 8

Delta 8 THC remains banned in Virginia under the state’s 2023 law, with sales and possession of non-compliant products subject to enforcement and significant penalties. However, Virginia consumers still have access to federally legal hemp-derived alternatives that meet the strict THC and packaging limits defined by the state.

For anyone navigating these evolving rules, the safest route is purchasing from trusted brands like Moonwlkr. Every product is made from legally sourced hemp and verified by third-party labs for potency, purity, and compliance.

Key Takeaways:

• Delta 8 is currently banned in Virginia due to strict total THC limits and product restrictions.

• Most retailers cannot sell Delta 8, but some compliant hemp products are still legally available.

• Moonwlkr offers federally legal alternatives including compliant Delta 9, full-spectrum CBD, and CBN-based products.

• All products are third-party tested, hemp-derived, and meet federal standards, ensuring safe, reliable experiences for customers in complex legal markets.