From the Appalachian Mountains to the Chesapeake Bay, Virginia is a truly scenic southern state. Whether you’re a Virginia resident or just visiting, you might be asking yourself, “Is CBD legal in VA?”
Today, CBD is widely legal in the state of Virginia.
In 2019, the state legislature passed HB 1839, a bill that conforms Virginia state law to the 2018 Farm Bill passed by the federal government. This allows the general sale and purchase of CBD products. However, Virginia restricts the sale of any smokable CBD products to those over the age of 21 and has placed limitations on CBD products intended for animals.
CBD Laws in Virginia: What You Need to Know
VA CBD laws have evolved throughout the last decade. Hemp cultivation was first legalized by SB 955 in 2015 and furthered by legislation in 2016 House Bill 699.
The most essential piece of state legislation regarding the consumer experience of CBD in Virginia is HB 1839. This bill is responsible for the following legal precedents and stipulations:
- Categorization – Following this Virginia House bill, the state crafted specified definitions, separating industrial hemp grown for CBD and CBD products from cannabis plants grown illegally for THC cultivation.
- THC thresholds – The first piece of legislation to widely legalize CBD in Virginia, HB 1839 follows the stipulations of the 2018 Farm Bill with few exceptions. All industrial hemp and CBD products must contain less than 0.3% THC and the law places penalties on those that knowingly violate this stipulation.
- Limits of possession – The 2019 bill passed no limits regarding CBD possession amounts, allowing consumers to purchase in the quantity of their choosing. This includes CBD oils, balms, edibles and all other forms, so long as their THC content is below the state and federal maximum of 0.3%.
Is CBD oil legal in Virginia? Certainly. That said, all products must continue to follow the guidelines set out by the state. HB 1839 incurred new stipulations on the cultivation of industrial hemp — a thriving industry in Virginia. These new regulations and related effects include:
- Dealers – Virginia law lists growers and processors of hemp, but this bill introduces the new designation of dealer for those directly involved in the CBD industry, though are not directly involved with the manufacturing process. All growers, processors and dealers must abide by state law or face legal ramifications.
- Plant destruction threshold – While industrial hemp must contain no more than 0.3% THC, Virginia law allows growers to maintain plants so long as they stay below 0.6% THC. Additionally, growers may request additional tests when results show less than 1% THC.
- Abolition of the Hemp Research Center – For several years prior to the full legalization of CBD, Virginia operated a state-sponsored Hemp Research Center, under which growers and processors were required to operate. Following HB 1839, growers and processors are no longer required to work with this research center, opening up new options for hemp cultivation.
- THC testing fee – Because THC testing is required to ascertain the total THC content of a plant or product, HB 1839 allows the state commissioner to extract a fee from growers and processors for testing.
- Exploration of economic benefits – The bill calls upon several house committees to investigate the viability of CBD product manufacturers, industrial hemp growers and other CBD-related economic entities. The bill insinuates that the state of Virginia is interested in the economic incentives of CBD and the potential impacts of state-wide investment in the industry.
Is CBD Legal in Virginia?
In December 2018, the United States Congress passed the Farm Bill (also known as the Agricultural Act of 2018), a large reform of prior policies regarding the hemp plant. Prior to 2018, all products derived from the cannabis plant were federally outlawed under the Controlled Substances Act.
It took less than a year for Virginia to update state law to comport with federal law and allow the legal CBD and hemp business to expand across the state. In fact, CBD is widely grown, manufactured and sold legally throughout the state.
Under the oversight of the Virginia Department of Agriculture and Consumer Services (VDACS), hemp is still prohibited from inclusion in various animal food products. Additionally, VDACS is responsible for determining CBD’s legality and use as a supplement or food ingredient.
Virginia’s state laws are nearly identical to current federal laws regarding CBD. There are few, if any, noteworthy exceptions. As of 2022, the state has continued to push legislation to eliminate legal penalties regarding the hemp plant and paved the way for more accessible CBD statewide.
Can I Buy CBD in Virginia?
If you’re wondering, “Can I buy CBD oil in Virginia?” the short answer is yes.
CBD laws in Virginia (2022) have made the purchasing of CBD products — including CBD oil simple, safe and legal for the population at large. As long as the products you’re purchasing contain less than 0.3% THC, you are not under any legal risk.
However, due to the wide legality of CBD in Virginia, it may be more difficult to discern reputable sellers and quality products. CBD sourcing is a top concern for all CBD users, and a more saturated market does not necessarily make this process easier.
Can I Buy CBD Online?
Often, the best path to quality CBD is through online vendors. In Virginia, you can easily purchase CBD products online and have them shipped to your door. From CBD gummies to broad-spectrum oils, online vendors can provide the widest array of CBD product options.
You might look to companies that offer third-party testing, pesticide-free hemp plants and premium extraction methods. Additionally, most online retailers will restrict product purchases to those at least 18 years of age or older.
Shopping for your next great product? Why not explore Zebra CBD? With an unparalleled Label Accuracy Guarantee, Zebra CBD provides quality and transparency beyond the industry standard. With convenient free shipping options and smart product design, they offer something every Virginia resident can appreciate.
Can I Buy CBD at a Dispensary?
As of 2021, the cannabis plant has been legalized for personal use, and recreational dispensaries may begin operating in Virginia soon.
Unfortunately, Virginia does not as of yet have any recreational dispensaries open to the public Aside from a few medical-only dispensaries, it is impossible to buy recreational hemp and cannabis products from a dispensary in the state of Virginia.
That said, the sale of CBD in Virginia is largely unregulated, and those in Virginia can often find CBD products in wellness stores across the state.
Legal Status of CBD in Virginia
Business owners, vendors and other sellers may enact their own age requirements regarding the purchase of CBD in Virginia, but CBD products are fully legal in the state of Virginia. As long as products do not exceed the THC maximum (0.3% THC at the state and federal level), retailers may operate at their own discretion.
That said, there are no age restrictions for CBD in Virginia, however many online CBD retailers require buyers to be at least 18 years of age.
With the recent legalization of cannabis in general, you can expect more reforms to follow and additional legislation to regulate the hemp industry in Virginia.
Legal Disclaimer
The information contained above is provided for educational and informational purposes only, and should not be construed as legal advice. The provided information may not reflect current legal developments or information and is not guaranteed to be correct, complete or current. We recommend checking our source(s) to see if the information or legal status have been revised since our content was published.
FAQ
1. Is CBD legal in Virginia?
Yes! You can buy CBD in Virginia in person or online.
2. How old do you have to be to buy CBD in Virginia?
The only age restrictions related to CBD in Virginia apply to smokable or vaping products. For those, you must be 21 years of age or older. Some online CBD retailers will also require you to be at least 18 years old.
3. Can I sell CBD products in Virginia?
Yes. You do not need to go through any registration process to sell CBD in VA.
Source:
Virginia Legislature. HB 1839 Industrial hemp; federal Farm Bill. https://lis.virginia.gov/cgi-bin/legp604.exe?191+sum+HB1839
Virginia Legislature. SB 1557 Pharmacy, Board of; cannabidiol oil and tetrahydrocannabinol oil, regulation of pharmaceutical. https://lis.virginia.gov/cgi-bin/legp604.exe?191+sum+SB1557
VDACS. Industrial Hemp/ https://www.vdacs.virginia.gov/dairy-industrial-hemp-derived-extract.shtml
Virginia Law 18.2-371.2. https://law.lis.virginia.gov/vacode/title18.2/chapter8/section18.2-371.2/
FDA. Hemp Production and the 2018 Farm Bill. https://www.fda.gov/news-events/congressional-testimony/hemp-production-and-2018-farm-bill-07252019
