In Virginia, recreational cannabis is legal, medical cannabis is legal, and delta-8 THC is restricted.
Last verified October 24, 2026 · Last major change August 2026
RecreationalLegalMedicalLegalDelta-8Restricted
Is recreational cannabis legal in Virginia?
Legal. Possession and 4-plant home grow legal since 2021; adults 21+ may now carry 2 oz in public. The 2026 state budget law (HB 30) authorizes licensed retail sales starting July 1, 2027.
Is medical cannabis legal in Virginia?
Legal. Licensed dispensaries statewide; any practitioner-certified condition qualifies.
What are the rules for hemp products in Virginia?
Since Aug. 15, 2026, hemp products may contain no more than 2 mg of total THC per package; the 2026 budget law (HB 30) ended the 25:1 CBD-ratio exception and moved hemp oversight to the Cannabis Control Authority.
Is delta-8 THC legal in Virginia?
Restricted. Delta-8 counts as THC under state law, so hemp products containing it may be sold only with 2 mg of total THC or less per package.
What happens if you break the law in Virginia?
Adults 21+ may possess up to 2 oz in public; more than 2 oz brings a civil fine of up to $25, more than 4 oz is a Class 3 misdemeanor (fine up to $500), and over 1 lb is a felony.
Is cannabis or hemp law changing in Virginia?
Changes pending. The Cannabis Control Authority is drafting regulations and a licensing process for retail sales, which state law sets to begin July 1, 2027.
Changes pending on this tracker: A bill, ballot measure, rule change or court case is in progress, or an enacted change has not yet taken effect.
⚠︎ Federal law — affects every state
A federal funding law signed in November 2025 (Public Law 119-37) narrows the legal definition of hemp, and a stopgap funding law signed September 2, 2026 (Public Law 119-103) split its start into two dates. On November 12, 2026, products containing cannabinoids that a cannabis plant cannot produce naturally, such as THC-O, fall outside it. The rest takes effect December 11, 2026, including the exclusion of chemically converted cannabinoids such as delta-8 made from CBD, a 0.3% limit measured as total THC (including THCA), and a limit of 0.4 milligrams of total THC per container.
State rules apply on top of the federal law.
Sources: Public Law 119-103, Sec. 2019 · Congressional Research Service · Akerman LLP
Informational summary drawn from state statutes, official program pages, and published reporting — sources linked per state.
Not legal advice. Laws change quickly; verify with official state sources before acting.
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