Are THC Gummies Legal in Virginia?

Yes, THC gummies are legal in Virginia. The full legality depends on whether they are hemp-derived or marijuana-derived. Recreational and medical marijuana-derived THC gummies are permitted, and hemp-derived THC gummies are also legal under specific conditions.

Understanding Hemp-Derived vs. Marijuana-Derived THC Gummies

Before diving into Virginia's specific laws, it’s essential to understand the difference between hemp-derived and marijuana-derived THC gummies.

These two types of products are often conflated, since many consumers think "cannabis" means "marijuana". This is NOT the case.

Cannabis can refer to both "hemp" & "marijuana". The former is cultivated primarily for industrial purposes and the latter is cultivated for drug, medicinal and recreational purposes.

This all being said, the final raw material of Delta-9-tetrahydrocannabinol, is chemically identical - regardless of the source plant. The only difference is the legality... let's jump in. 

• Hemp-Derived THC Gummies: These products are produced from hemp plants, which contain less than 0.3% Delta-9 THC on a dry weight basis. The 2018 Farm Bill federally legalized hemp, making hemp-derived THC gummies legal across the United States, including Virginia, as long as they comply with the THC concentration limit.

• Marijuana-Derived THC Gummies: Gummies derived from marijuana plants contain higher levels of Delta-9 THC than hemp. These products are regulated at the state level, meaning states can choose to legalize or prohibit them for medical and/or recreational use. In Virginia, marijuana-derived THC gummies are legal for both medical and recreational purposes.

Virginia's Stance on Marijuana-Derived THC Gummies

Virginia has a relatively progressive approach toward marijuana-derived THC products. In 2021, Virginia became the first Southern state to legalize recreational marijuana, allowing adults 21 and older to possess up to one ounce of marijuana and grow up to four plants per household.

• Recreational Use: Recreational use of marijuana-derived THC gummies is legal. Adults 21 and over can legally purchase, possess, and consume these products.

• Medical Use: Virginia also permits the use of marijuana-derived THC gummies for medical purposes. Medical marijuana was legalized earlier than recreational use, which is almost always the case on a state-by-state basis (the only exception has been Vermont). Patients are required to have a medical marijuana license, which provides registered patients with access to a wider range of products for treatment.

Hemp-Derived THC Gummies in Virginia

Hemp-derived edibles, like delta-9 THC gummies online, are legal in Virginia, thanks to the federal legalization of hemp (this is the 2018 Farm Bill we discussed earlier).

However, Virginia has its own set of regulations governing these products. 

Recent Legislation: SB 448

In March 2024, Virginia's House passed SB 448, a bill that aimed to clarify the state’s position on hemp-derived products.

This legislation sought to exempt hemp-derived products from Virginia’s 12% marijuana tax, distinguishing them from marijuana-derived products.

The passage of SB 448 reaffirmed Virginia’s pro-hemp stance, making it easier for businesses to sell hemp-derived THC products without being subject to the same taxation as recreational marijuana. This was a huge win for the hemp industry, although many companies in the marijuana industry feel that this law is unfair. 

While SB 448 made it clear that hemp-derived products would not face the same tax burden, the state also took steps to regulate minor cannabinoids like Delta-8 and Delta-10 THC.

The bill imposed stricter guidelines, limiting the THC content to 2 mg per package unless the CBD-to-THC ratio is at least 25:1.

This was a move to ensure product safety and avoid the marketing of potent Delta-8 and Delta-10 products that could have psychoactive effects similar to Delta-9 THC.

While delta-8 and delta-10 products are not inherently synthetic, many brands push CBD extracted from hemp through a chemical process called isomerization to make them semi-synthetic. This creates a stigma around these under-studied cannabinoids. 

For the sake of simplicity, we'll just focus on delta-9 THC gummies for the remainder of the article. 

Legal Framework for THC Gummies in Virginia

Virginia’s legal framework for THC edibles ensures that consumers have clear guidelines to follow:

1. Age Restrictions: Whether purchasing marijuana-derived or hemp-derived THC gummies, consumers must be at least 21 years old. Medical patients under 21 may access marijuana-derived products with a registered provider’s recommendation.

2. Possession Limits: For recreational use, adults can possess up to one ounce of marijuana-derived THC gummies. There are no specific possession limits set for hemp-derived products as long as they comply with the 0.3% THC in the final product requirement.

3. Sales and Distribution: Retail sales of marijuana-derived THC gummies are permitted, but only through licensed dispensaries. Hemp-derived products can be sold in more general retail settings, including CBD stores, mom & pop shops, health and wellness stores and online with direct-to-consumer options like Sunday Scaries.

4. Transportation: Consumers can transport marijuana-derived THC products within the state. However, it remains illegal to transport them across state lines, even if you are moving to or from another state where marijuana is legal. This is because marijuana is still a schedule 1 narcotic federally, under the Controlled Substances Act, and anything that crosses state lines becomes federal jurisdiction.

Hemp-derived THC products, on the other hand, can be transported across state lines as long as they adhere to the federal regulations set forth by the Farm Bill.

New Bills and Regulations to Watch

Although Virginia has legalized both recreational and medical marijuana, the state continues to adapt its regulations:

• Regulations on Minor Cannabinoids: As mentioned earlier, SB 448 introduced stricter regulations on Delta-8 and Delta-10 THC, which are minor cannabinoids with psychoactive properties. The restriction to a 2 mg THC limit per package (unless the CBD-to-THC ratio is 25:1 or more) was an attempt to limit the availability of these cannabinoids, ensuring consumer safety and preventing products from being deceptively potent. While this dosing cap exists, many brands are still selling THC edibles online under the umbrella federal ruling. Once more regulation in the space takes place, there should be a clear and defined threshold on the federal level. 

• Licensing and Compliance: Dispensaries and businesses selling marijuana-derived products must adhere to strict licensing regulations. Retailers of hemp-derived products do not need a marijuana license but must still comply with federal and state standards for hemp production.

Conclusion

In wrap things up, both hemp-derived and marijuana-derived THC gummies are legal in the Old Dominion.

Recreational and medical marijuana state laws permit adults to buy and use marijuana-derived THC gummies, while hemp-derived gummies continue to be allowed under the 2018 Farm Bill’s provisions.

Recent legislation, particularly SB 448, highlights Virginia’s efforts to support the hemp industry by excluding hemp-derived products from the state’s marijuana tax, while also tightening regulations around minor cannabinoids like Delta-8 and Delta-10 THC.

Hopefully the minors will be studied more so they can be accurately regulated instead of stigmatized. Time will tell. 

Virginia's evolving regulations demonstrate a commitment to consumer safety and clarity in the THC product market.

As always, consumers should stay informed about the latest state laws and regulations to ensure compliance and safe use of THC gummies.

Frequently Asked Questions

Are THC gummies legal in other states?

For a comprehensive list and detailed map of the legality of THC gummies, check out our master article: Are THC Gummies Legal?