Virginia Law Creating a Report: Check the sections you’d like to appear in the report, then use the “Create Report” button at the bottom of the page to generate your report. Once the report is Are you looking to buy CBD legally in Virginia? Here, we’ll explain all the relevant laws and show you how and where to buy high-quality CBD in Virginia. CBD laws are vastly different from state to state, and some state’s don’t exactly agree with the federal legal status of hemp-derived CBD products. Although you may be able to guess which states have fully legalized CBD, some states may surprise you. Virginia, for instance, has a history of cannabis prohibition, but al
Creating a Report: Check the sections you’d like to appear in the report, then use the “Create Report” button at the bottom of the page to generate your report. Once the report is generated you’ll then have the option to download it as a pdf, print or email the report.
§ 54.1-3408.3. Certification for use of cannabis oil for treatment.
A. As used in this section:
“Botanical cannabis” means cannabis that is composed wholly of usable cannabis from the same parts of the same chemovar of cannabis plant.
“Cannabis oil” means any formulation of processed Cannabis plant extract, which may include industrial hemp extracts, including isolates and distillates, acquired by a pharmaceutical processor pursuant to § 54.1-3442.6, or a dilution of the resin of the Cannabis plant that contains no more than 10 milligrams of delta-9-tetrahydrocannabinol per dose. “Cannabis oil” does not include industrial hemp, as defined in § 3.2-4112, that is grown, dealt, or processed in compliance with state or federal law, unless it has been grown and processed in the Commonwealth by a registered industrial hemp processor and acquired and formulated by a pharmaceutical processor.
“Cannabis product” means a product that is (i) produced by a pharmaceutical processor, registered with the Board, and compliant with testing requirements and (ii) composed of cannabis oil or botanical cannabis.
“Designated caregiver facility” means any hospice or hospice facility licensed pursuant to § 32.1-162.3, or home care organization as defined in § 32.1-162.7 that provides pharmaceutical services or home health services, private provider licensed by the Department of Behavioral Health and Developmental Services pursuant to Article 2 (§ 37.2-403 et seq.) of Chapter 4 of Title 37.2, assisted living facility licensed pursuant to § 63.2-1701, or adult day care center licensed pursuant to § 63.2-1701.
“Practitioner” means a practitioner of medicine or osteopathy licensed by the Board of Medicine, a physician assistant licensed by the Board of Medicine, or a nurse practitioner jointly licensed by the Board of Medicine and the Board of Nursing.
“Registered agent” means an individual designated by a patient who has been issued a written certification, or, if such patient is a minor or a vulnerable adult as defined in § 18.2-369, designated by such patient’s parent or legal guardian, and registered with the Board pursuant to subsection G.
“Usable cannabis” means any cannabis plant material, including seeds, but not (i) resin that has been extracted from any part of the cannabis plant, its seeds, or its resin; (ii) the mature stalks, fiber produced from the stalks, or any other compound, manufacture, salt, or derivative, mixture, or preparation of the mature stalks; or (iii) oil or cake made from the seeds of the plant.
B. A practitioner in the course of his professional practice may issue a written certification for the use of cannabis products for treatment or to alleviate the symptoms of any diagnosed condition or disease determined by the practitioner to benefit from such use. The practitioner shall use his professional judgment to determine the manner and frequency of patient care and evaluation and may employ the use of telemedicine, provided that the use of telemedicine includes the delivery of patient care through real-time interactive audio-visual technology. If a practitioner determines it is consistent with the standard of care to dispense botanical cannabis to a minor, the written certification shall specifically authorize such dispensing. If not specifically included on the initial written certification, authorization for botanical cannabis may be communicated verbally or in writing to the pharmacist at the time of dispensing.
C. The written certification shall be on a form provided by the Board of Pharmacy. Such written certification shall contain the name, address, and telephone number of the practitioner; the name and address of the patient issued the written certification; the date on which the written certification was made; and the signature or authentic electronic signature of the practitioner. Such written certification issued pursuant to subsection B shall expire no later than one year after its issuance unless the practitioner provides in such written certification an earlier expiration. A written certification shall not be issued to a patient by more than one practitioner during any given time period.
D. No practitioner shall be prosecuted under § 18.2-248 or 18.2-248.1 for the issuance of a certification for the use of cannabis products for the treatment or to alleviate the symptoms of a patient’s diagnosed condition or disease pursuant to a written certification issued pursuant to subsection B. Nothing in this section shall preclude the Board of Medicine from sanctioning a practitioner for failing to properly evaluate or treat a patient’s medical condition or otherwise violating the applicable standard of care for evaluating or treating medical conditions.
E. A practitioner who issues a written certification to a patient pursuant to this section shall register with the Board and shall hold sufficient education and training to exercise appropriate professional judgment in the certification of patients. The Board shall not limit the number of patients to whom a practitioner may issue a written certification. The Board may report information to the applicable licensing board on unusual patterns of certifications issued by a practitioner.
F. No patient shall be required to physically present the written certification after the initial dispensing by any pharmaceutical processor or cannabis dispensing facility under each written certification, provided that the pharmaceutical processor or cannabis dispensing facility maintains an electronic copy of the written certification. Pharmaceutical processors and cannabis dispensing facilities shall electronically transmit, on a monthly basis, all new written certifications received by the pharmaceutical processor or cannabis dispensing facility to the Board.
G. A patient, or, if such patient is a minor or a vulnerable adult as defined in § 18.2-369, such patient’s parent or legal guardian, may designate an individual to act as his registered agent for the purposes of receiving cannabis products pursuant to a valid written certification. Such designated individual shall register with the Board. The Board may set a limit on the number of patients for whom any individual is authorized to act as a registered agent.
H. Upon delivery of a cannabis product by a pharmaceutical processor or cannabis dispensing facility to a designated caregiver facility, any employee or contractor of a designated caregiver facility, who is licensed or registered by a health regulatory board and who is authorized to possess, distribute, or administer medications, may accept delivery of the cannabis product on behalf of a patient or resident for subsequent delivery to the patient or resident and may assist in the administration of the cannabis product to the patient or resident as necessary.
I. Information obtained under the registration process shall be confidential and shall not be subject to the disclosure provisions of the Virginia Freedom of Information Act (§ 2.2-3700 et seq.). However, reasonable access to registry information shall be provided to (i) the Chairmen of the House Committee for Courts of Justice and the Senate Committee on the Judiciary, (ii) state and federal agencies or local law enforcement for the purpose of investigating or prosecuting a specific individual for a specific violation of law, (iii) licensed practitioners or pharmacists, or their agents, for the purpose of providing patient care and drug therapy management and monitoring of drugs obtained by a patient, (iv) a pharmaceutical processor or cannabis dispensing facility involved in the treatment of a patient, or (v) a registered agent, but only with respect to information related to such patient.
2015, cc. 7, 8; 2017, c. 613; 2018, cc. 246, 809; 2019, cc. 653, 654, 681, 690; 2020, cc. 730, 831, 928, 1278; 2021 Sp. Sess. I, cc. 205, 227, 228; 2022, cc. 259, 391, 392, 642.
The chapters of the acts of assembly referenced in the historical citation at the end of this section may not constitute a comprehensive list of such chapters and may exclude chapters whose provisions have expired.
Where to Buy CBD in Virginia in 2022
However, you can easily order CBD online and have it at your door within a few business days.
Before you place an order, let’s review the laws regarding cannabis products in Virginia.
1. All Hemp-Derived Cannabinoids Legal | Marijuana Medical Use Only
Table of Contents
Where To Buy CBD Oil in Virginia:
- Royal CBD Oil— Best CBD Oil Overall
- Gold Bee CBD Gummies— Best CBD Gummies
- CBDistillery THC-Free Pure CBD Oil— Best CBD Isolate Oil
- Industrial Hemp Farms— Best CBD Flower
- Honest Paws CBD Oil For Dogs— Best CBD Oil For Dogs
Is CBD Legal in Virginia in 2022?
CBD is legal in Virginia, and with its new laws, you can buy marijuana or hemp-derived products.
The laws change depending on which plant your product comes from.
Marijuana-derived CBD contains THC, which is the chemical that gets you high. These products are illegal federally and in all states that haven’t legalized the plant.
Hemp CBD generally has a THC content of less than 0.3%, which means you can benefit from all the health benefits of CBD without getting high.
The Federal Government removed industrial hemp from the list of Controlled Substances with the 2018 Agriculture Act.
Despite CBD being widely available across the state of Virginia, you need to know how to protect yourself from companies selling fake or dangerous products.
Tips for Safely Buying CBD
Because cannabis products, in general, are mostly unregulated, it’s imperative you find a reputable company. The following list serves as a guideline for what to look for.
1. Avoid Companies Making Unsubstantiated Health Claims
CBD helps manage a variety of symptoms, but it won’t cure diseases. But if a company is trying to sell you CBD by saying it’s a miracle drug, it’s probably a scam.
2. Look For Evidence of Third-Party Testing
Any reputable company should be able to provide third-party lab reports that state that its products are free from harmful chemicals (such as pesticides and solvents) and that the CBD content in the product matches what is advertised.
3. Double-check the THC content
This is more about protecting yourself from the law than it is about finding high-quality products. This is less of an issue now that marijuana is legal, but you’re still only allowed to possess a certain amount.
4. Opt For Full-Spectrum Products
There are different kinds of CBD oils. CBD isolates mean that there is nothing but CBD in the oil. This type of CBD misses out on valuable cannabinoids, terpenes, and flavonoids. Full-spectrum products contain all of the compounds, allowing you to get the most out of CBD.
Buying CBD Products Online In Virginia
Making your purchase online with a trustworthy vendor is almost always the best way to find high-quality CBD in Virginia. If you go online for your CBD needs, you’ll save valuable time and money.
Online shops have better products for less money. By cutting out the physical store, the supplier is able to offer discounts that you won’t find locally. Often, this can include bulk purchase options or package deals.
There’s a huge variety of CBD products found online. Some creative and entrepreneurial people have put CBD into just about anything you can think of. Right now, you can find CBD in tinctures, waxes, creams, lotions, vape juice, and even treats for your pets.
When you shop online, you’re buying from specialists. Usually, online shops sell one thing and one thing only: CBD. When you buy online, you can be confident that you’re getting it from a source that knows its product. You should be able to find the answers to your questions and the right product for your needs.
Is Marijuana Legal In Virginia in 2022?
Yes, marijuana is fully legal in Virginia.
In 2021, Virginia became the first Southern state to legalize recreational marijuana through SB 1406. This gives adults over 21 the right to have up to an ounce and cultivate four plants. However, this law is subject to reenactment by the 2022 Session of the General Assembly.
It’s important to note that due to separate provisions in the law, commercial production and retail sale of marijuana are not in effect until 2024.
Medical Marijuana in Virginia
Virginia has had a marijuana medical program for a long time but only recently expanded it enough to be useful. In 2021, HB 2218 makes other marijuana products legal, besides the oil.
You can have up to four ounces in thirty days and grow four plants if you qualify.
In order to qualify, you must have any diagnosed condition or disease determined by the practitioner to benefit from such use.
Medical Marijuana Laws in Virginia
Although Virginia doesn’t really have a medical marijuana program, the state has allowed access to some types of marijuana for patients with severe medical conditions.
Virginia was one of the first states to introduce laws that allowed cancer and glaucoma patients to access marijuana to manage their symptoms. The legislation was introduced in 1979, but it was never really put to any use.
Under Senate Bill 726, people with intractable epilepsy can access limited THC CBD products and THC-A products. In 2017, Virginia approved five vertically integrated cannabis providers. These providers handle everything from the growing of medical marijuana to dispensing the products.
In March 2018, Governor Ralph Northam approved House Bill 1251, which provides a legal defense for those who are arrested for possession but have a doctor’s approval to use CBD and THC-A products.
Note: This bill doesn’t prevent you from getting arrested if you have a doctor’s recommendation. It only gives you a proper defense in court.
Under this bill, your CBD must contain a minimum of 15% CBD and no more than 5% THC.
Is Delta 8 THC Legal in Virginia in 2022?
Delta 8 THC is legal in Virginia.
Delta 8 THC is a popular replacement for marijuana, partly because of its legal status. It’s molecularly similar to delta 9 (THC) but milder and legal in most states, though it falls into a gray area most of the time. However, some states moved fast to outlaw it.
Why is it so great?
Cannabinoids like delta 8, THC, and CBD can positively impact our health. Delta 8 has few side effects, while THC can cause paranoia and anxiety along with the intense high. It’s also legal federally due to the Farm Bill that legalized hemp and its derivatives.
It’s still psychoactive, meaning it will make you high, but it’s more mellow than THC. Many people use it for relaxing, though it carries many of the same benefits as marijuana, including pain and nausea relief.
How to Buy Delta 8 in Virginia
Just like with CBD, you need to be careful when buying it. Delta 8 is unregulated, and there are a lot of companies trying to bank on its popularity.
Always check for third-party tests and read online reviews. This can help you determine how trustworthy the vendor is.
There are plenty of online vendors that have potent delta 8 and a great selection of products. You’re not stuck with just tinctures — you can find delta 8 flower, edibles, and concentrates.
If you’re wondering where to start, check out one of the following companies. They’re known for high-quality delta 8 and will have what you want:
Recommended CBD Retailers in Virginia
With legal marijuana, you can now buy CBD at dispensaries. These are the best way to buy CBD locally, but they’ll also be more expensive and you won’t have as much of a selection.
If you don’t have a dispensary near you, check out one of the following stores instead, or head online for the best prices.
All of these stores should have helpful employees who can help you find a reliable source of CBD locally. Until marijuana laws make progress in Virginia, vape stores are your best bet for finding CBD products locally.
Final Notes on Buying CBD & Delta 8 THC in Virginia
Virginia is now a great place to find CBD and delta 8 products. With new legislation allowing marijuana for recreational use, and no laws banning delta 8, you have an endless selection to choose from, especially if you buy online.
Local places will have these products, too, but you’ll probably end up paying more. Plus, you have access to vendors from around the country when you shop online (not to mention the convenience of it).
If you want to place an order today, go online. This is the best way to get high-quality CBD and delta 8 sent straight to your door in Virginia.
Is CBD Legal in Virginia?
CBD laws are vastly different from state to state, and some state’s don’t exactly agree with the federal legal status of hemp-derived CBD products. Although you may be able to guess which states have fully legalized CBD, some states may surprise you.
Virginia, for instance, has a history of cannabis prohibition, but also a lengthy history of hemp research and cultivation.
So, is CBD legal in Virginia?
The short answer? Yes!
But there may not be many regulations in place to ensure consumer safety. Before you buy CBD in Virginia, you should get a good look at Virginia CBD laws and how they affect consumers:
Disclaimer: We’re always working to stay informed on the latest CBD laws and research. However, state laws are subject to change and we advise that you do your own research to verify the information you find in this article. This is not intended as legal advice.
Virginia was one of the very first states to enact hemp research, and CBD is now legal across the state.
There is no need for a prescription and there are no age limits for buying CBD.
The state requires certain licenses and labelling standards, but does not require stringent safety or purity testing for CBD products.
This lack of regulations can put consumers at risk. Shopping online may give you better oversight of brand quality, and many online CBD brands ship legal CBD products to Virginia to buyers aged 18 and up.
Legal Concerns About CBD
It’s true that CBD gained its federal legal status in 2018. The Hemp Farming Act effectively removed industrial hemp and its natural derivatives (like cannabinoids) from the Controlled Substances Act.
But there’s a catch, and it complicates things:
Legal CBD products must come from industrial hemp.
This classification is designated to hemp material that meets a strict set of standards. The most significant is that it contains less than 0.3% THC on a dry weight basis. If CBD products are made from any cannabis strain that contains more than 0.3% THC, it is not a federally legal product.
The final product must contain less than 0.3% THC, too.
That means that even if a brand starts with legal hemp material, they need to carry out careful manufacturing procedures to produce a legal end product. It’s possible for certain cannabinoids to be “concentrated” during the extraction process, leading to higher THC concentrations than in the original material. Proper manufacturing and careful testing need to be employed to avoid this issue.
Because there is very little regulation in the CBD industry, it’s important to evaluate a brand carefully before you buy. It can be hard to tell if a CBD product is made from a legal hemp source and meets the federal guidelines for legal hemp products. The best way to ensure that your CBD products are legal is by checking the third-party lab tests for cannabinoid potency.
Of course, these regulations only apply on a federal scale. You must also ensure that your products meet the standards laid out by federal guidelines and those set by your state.
What are the CBD laws in Virginia?
Virginia hasn’t always been the most cannabis-friendly state, but they’ve had their hands in hemp agriculture for over two decades. In 1997, the state passed House Joint Resolution 656, a bill that delegated 6 members to a committee designed to study agricultural hemp and its economic benefits.
After three years of research, the state concluded that hemp agriculture would be greatly beneficial for the state. In 1999, Virginia passed HB 94, a bill that permitted hemp cultivation for research purposes under the authority of multiple federal agencies, such as the DEA. This program was deemed successful and was impactful on the federal government’s decision to legalize hemp agriculture across the country.
After the 2014 Farm Bill became law, Governor Terry McAuliffe signed SB 955 in 2015. This bill redefined hemp to match the federal definition, as cannabis with less than 0.3% THC, a separate entity from marijuana. The bill also designated one university to run a hemp research program and distribute hemp-derived products to qualifying patients in the state.
Finally, the bill laid the groundwork for the Department of Agriculture and Consumer Services to begin drafting regulations for the state’s future hemp program. In 2018, the state passed HB 532 prior to the 2018 Farm Bill being passed into law. Initially, this bill loosened regulations on the industrial hemp agriculture program to expand access to hemp licensing across the state, but it didn’t fully align with the federal regulations in the new Farm Bill.
The state quickly passed SB 247 to update regulations and licensing requirements as needed, and finally submitted their hemp agriculture plan to the USDA for approval in January 2020. USDA approval has been delayed, but the state can continue to issue licenses through the Virginia Department of Agriculture and Consumer Services until the USDA plan is approved.
As it now stands, CBD products derived from hemp are legal and accessible in the state, and there are no restrictions on the types of CBD products that can be made and sold in Virginia. This is in-line with regulations in other pro-hemp states, like Colorado and Oregon.
Is full spectrum CBD legal in Virginia?
It’s easy to assume that CBD isolate, which contains no THC, is legal in most places. Laws surrounding full spectrum products that contain some amount of THC are not always so clear. Virginia law allows for CBD products to contain up to 0.3% THC, which means full spectrum CBD products are legal in the state.
Does Virginia have a CBD possession limit?
There are no virginia laws that define any possession limits for CBD products derived from hemp. Products that contain more than 0.3% THC are considered cannabis products by the state, and are only available for medical patients in the state. Medical cannabis products are subject to different possession limits.
Do you need a prescription for CBD in Virginia?
There is no need for a prescription to access CBD products in Virginia. In fact, doctors typically cannot “prescribe” CBD products that are sold over the counter, rather they may “recommend” them. Even in states where medical marijuana is legal, access usually requires a doctor’s recommendation, not a prescription.
CBD is still new, and only one CBD product has been approved by the FDA to date. This product, GW Pharmaceuticals’ Epidiolex, is designed to treat rare forms of childhood epilepsy. Aside from this product (which comes with stringent usage guidelines), many doctors are still learning about CBD. If you’re interested in the benefits of CBD, you may need to spark a conversation with your doctor.
Where to buy CBD in Virginia?
You may find many different types of CBD products in stores across Virginia, including CBD edibles and beverages. Thanks to relaxed regulations, CBD products are not hard to find in the state, but quality regulations may be lacking.
Poor quality regulations may put consumers at risk, and buying CBD online is a suitable option for most consumers. When you buy CBD online directly from the brand, you get better oversight of the brand’s manufacturing practices. Looking at the brand’s hemp source and lab testing procedures can help ensure that the CBD products you choose are clean, potent, and meet legal guidelines.
Buying CBD directly from a brand instead of from a third-party market may also be less costly since you won’t have to pay the extra fees that are often tacked on by the middle man. Of course, premium CBD can be expensive to manufacture, so you should also be wary of products that offer low-ball prices.
Finally, buying CBD online may be the best way to access many different types of CBD. The most common type of CBD product is an oil tincture, but you can find a variety of CBD edibles, topicals, and other specialty products when you shop online.
For more information on how to find high-quality CBD products, check out our CBD Buyer’s Guide.
Can you buy CBD at 18 in Virginia?
In theory, CBD should be accessible to people of all ages, especially since it originally gained popularity as a treatment for various childhood illnesses. Of course, some products may not be suitable for people of all ages, like smokable hemp flower or CBD vaporizers.
CBD age limits are mostly undefined, even by federal law. Virginia does not impose any age restrictions for buying CBD products, but there may still be limitations.
Generally, the minimum age for purchase is decided by the vendor. The legal age for buying tobacco has been increased to 21, and it’s possible that most CBD vendors will require buyers to meet this minimum age requirement as well.
Many CBD brands allow customers who are 18 or older to order online and will ship legal CBD products to Virginia.
Is CBD legal in all 50 states?
Thanks to federal updates, CBD has the potential to be legal in every U.S. state. CBD is legal in Virginia, but every state has different regulations regarding the manufacture and sale of CBD. Click here to find out where CBD is legal.