Is CBD Legal in Virginia? Updated Guide for 2024


Hemp cultivation in Virginia has deep historical roots, notably by George Washington and Thomas Jefferson, showcasing the state's long-standing connection with cannabis and industrial hemp. With the Farm Bill of 2018 legally distinguishing hemp as containing less than 0.3% THC at the federal level, questions like "Is CBD Oil Legal in Virginia?" have become increasingly relevant.

As Virginia moves towards more progressive CBD and marijuana policies under a forward-thinking government, understanding the intricate Virginia CBD laws guiding its usage, restrictions, and legal status is essential for residents and visitors alike.

Key Takeaways:

  • Hemp cultivation has been a part of Virginia's history for a long time, dating back to important figures like George Washington and Thomas Jefferson.
  • The Farm Bill of 2018 made hemp legal at the federal level as long as it has less than 0.3% THC. This law caused confusion around CBD legality in Virginia, making it more relevant to understand the state's specific laws.
  • Virginia is shifting towards more progressive policies on CBD.

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Overview of CBD Legalization in Virginia

Legislative Milestones

  • Initial Steps Toward Legalization. Hemp cultivation was first legalized in Virginia by SB 955 in 2015, setting the stage for future cannabis reforms.
  • Decriminalization of Marijuana. By May 2020, Virginia had decriminalized marijuana, making possession of up to one ounce punishable only by a $25 fine, significantly reducing the legal repercussions associated with cannabis.
  • Legalization of Medical Marijuana. Patients with certain medical conditions were allowed access to medical marijuana as per state laws, further integrating cannabis into legal frameworks.
  • Broadening Cannabis Laws. In 2021, Virginia legalized the possession and use of cannabis for adults over the age of 21, although the implementation of a regulated retail market faced political challenges.
  • Recent Developments. Despite setbacks, including a veto in April 2024 by Gov. Glenn Youngkin on a bill to permit and regulate the sale of adult-use cannabis, Virginia Democrats have brokered a legislative compromise to commence legal retail cannabis sales by May 2025.

Regulatory Framework

  • Key Legislation. HB 1839, passed in 2019, has been a pivotal law for the consumer experience of CBD in Virginia, aligning state law with the 2018 Farm Bill and ensuring that CBD products are legal as long as their total THC content is less than 0.3%.
  • Industrial Hemp Definitions. Virginia law distinctly categorizes industrial hemp used for CBD from illegal THC-rich cannabis plants, helping to regulate cultivation and production standards.
  • Oversight and Control. The Virginia Cannabis Control Act (CCA) legalized retail marijuana sales starting January 1, 2024, although further ratification by the General Assembly is required for full implementation. Additionally, HB 1598/SB 788 transferred oversight of the state's medical cannabis program from the Board of Pharmacy to the Virginia Cannabis Control Authority.

Current Legal Status of CBD in Virginia

As of 2024, the legal landscape for CBD in Virginia is clearly defined and permits the use, sale, and distribution of CBD products, provided they adhere to specific criteria.

Here's a detailed breakdown of the current legal status:

Hemp-Derived CBD Products

In Virginia, CBD products derived from hemp are legal if they have no more than 0.3% THC. This aligns with both state and federal regulations, ensuring that these hemp-derived products are accessible to consumers without legal barriers.

Regulation by VDACS

The oversight of CBD cultivation, manufacturing, and sales is managed by VDACS or the Virginia Department of Agriculture and Consumer Services, which ensures compliance with the legal standards.

No Age Restrictions

Remarkably, there are no age restrictions for purchasing CBD products in Virginia, making it widely accessible across different age groups.

Interstate Commerce

CBD oil, featuring less than 0.3% THC, is also legally shippable to all 50 states, including Virginia, under the guidelines provided by the USPS, facilitating ease of access across state lines.

Counseling Compact Compliance

Starting January 1, 2024, Virginia will adhere to the Counseling Compact, allowing licensed professional counselors to practice across member states, which could influence counseling related to CBD use.

Availability of CBD Products

CBD products are widely available in cannabis providers and wellness stores throughout Virginia.

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Is CBD Legal in Virginia?

Yes. CBD products in Virginia are legally permitted as long as they contain less than 0.3% THC. This includes all forms of CBD, whether they are oils, edibles, or topicals, ensuring they adhere to both state and federal guidelines. Also, you don't have to worry about how much CBD you possess as long as the THC content remains below 0.3%. This gives you the freedom to use CBD products according to your needs without legal constraints.

Consumer Advice

The CBD market is still developing, so you must be an informed buyer. Also, with so many CBD products available, navigating quality can be tricky. Here’s what you should know to ensure you're getting a safe and effective product.

Available CBD Products in Virginia

You can find plenty of CBD products derived from the hemp plant across Virginia, ensuring you have access to the forms that best meet your needs.

  • CBD Oil - These are concentrated liquid extracts typically taken sublingually. They come in various potencies (CBD amount per serving).
  • CBD Capsules - Similar to tinctures in terms of measured dosing, capsules offer an odorless and tasteless way to consume CBD.
  • Topicals - These are lotions, creams, salves, balms, and roll-ons applied directly to the skin for localized relief.
  • CBD Gummies - A tasty way to consume CBD.

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Purchasing CBD Products

When considering purchasing CBD products in Virginia, you have the option to shop both in-person and online. Bluebird Botanicals offers a selection of CBD products, including options for sleep, stress, focus, energy, recovery, and relaxation. We also provide specialized products such as gummies, oils, softgels, creams, THC-free options, and even CBD oil for pets.

Key points to consider when buying CBD

Third-Party Lab Testing

Always ensure that the CBD products you purchase come with third-party lab test results. This verifies the CBD content and confirms the absence of contaminants. Bluebird Botanicals proudly provides these test results for all our products.

Quality Sources

Opt for products made from pesticide-free hemp plants and manufactured using premium extraction methods. This guarantees a higher quality of CBD oil.

Product Range and Availability

Bluebird Botanicals' products, including our best sellers like Classic CBD Oil - Extra Strength and new product Snooze Support CBD Gummies, are available on our website, in our retail stores, and through various national wholesalers. We offer nationwide shipping, making our products easily accessible to Virginia residents.

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Here are some of the stores in Virginia that carry Bluebird Botanicals CBD products:

  • Sprouts 886 in 494 Elden St Ste 110, Herndon
  • The Funky Goat at 5761 Lyons Rd, Dublin
  • Sprouts 887 in 8431 Sudley Rd, Manassas
  • Health Nut Nutrition in 1701 Enterprise Dr, Lynchburg
  • RVA Vapes in 6100 W Broad St, Richmond
  • Firefly Acupuncture & Wellness in 19980 Highland Vista Dr. STE 125, Ashburn

Customer-Centric Programs

Bluebird Botanicals enhances customer experience through various programs such as rewards, subscriptions, assistance programs, and a clearance section. We also offer wholesale options and valuable blog resources.

Reputation and Transparency

Purchase from reputable companies known for their quality and customer service. Check for clearly displayed cannabidiol amounts and transparent return policies.

Final Thoughts

The evolving legal landscape in Virginia has firmly established the legality and accessibility of CBD, aligning state policies with both consumer safety and industry growth. The series of legislation reflects Virginia's progressive stance towards cannabis and CBD products. This drive towards legalization respects the state's historical connection with hemp cultivation and embraces modern consumer demands and the potential economic benefits of the CBD industry.


What are the recent changes to Virginia's CBD regulations?

The latest legislation in Virginia, which came into effect last July 2023, introduced a new penalty structure and set forth restrictions on the THC content in hemp products. To ensure that hemp-derived CBD products are legally compliant, they must now maintain a minimum ratio of 25 parts CBD to 1 part THC.

Can you legally purchase Delta-8 THC in Virginia as of 2024?

Yes, as of 2024, Delta-8 THC is legal in Virginia. The condition for its legality is that it must be derived from hemp and contain a THC concentration of less than 0.3%.

Are Delta-8 and Delta-9 THC both prohibited in Virginia?

There's a distinction between Delta-8 and Delta-9 THC in terms of legality. Federal law recognizes Delta-8 THC as legal because it falls under the industrial hemp category and is chemically different from Delta-9 THC. Virginia law permits the sale of Delta-8 products as long as they contain no more than 0.3% THC. Conversely, Delta-9 THC is subject to stricter regulations and controls.

How can I obtain CBD products in Virginia?

In Virginia, acquiring CBD is straightforward. You can visit local cannabis providers, pharmacies, and other retailers. There's generally no requirement for a special card, but you may need to show your ID. And though there is no age restriction for buying CBD, some vendors only sell to individuals aged 18 and above. But for smokable products like CBD vape pens, you must be at least 21. Additionally, you have the option to purchase CBD online from retailers like Bluebird Botanicals.

Is it okay to consume cannabis products in public in Virginia?

No, Virginia law prohibits using cannabis products in any public place. This includes, but isn't limited to, restaurants, parks, stores, and even streets. You can consume CBD products in your private residence or a designated private space.

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