Author: Dale HewettTL;DR – Hemp-derived CBD products with 0.3% THC or less are fully legal in Virginia, following the 2018 Farm Bill. Virginia has also legalized recreational cannabis for adults 21 and older, with retail sales beginning in July 2024. Whether you are shopping in store or online, you can purchase legal hemp CBD products freely throughout the state.
CBD Legality in Virginia: The Short Answer
If you are wondering whether CBD is legal in Virginia, the straightforward answer is yes. Hemp-derived CBD products that contain no more than 0.3% delta-9 THC by dry weight are completely legal to buy, sell, possess, and use throughout the Commonwealth of Virginia. This has been the case since Virginia aligned with federal hemp law following the passage of the Agriculture Improvement Act of 2018, commonly known as the 2018 Farm Bill.
Virginia is one of the more progressive states when it comes to cannabis policy. Not only is hemp-derived CBD legal, but the state has moved forward with a fully operational recreational cannabis market as well. If you are a Virginia resident or visitor trying to understand what is and is not allowed, this guide will walk you through everything you need to know.
The Federal Foundation: The 2018 Farm Bill
To fully understand Virginia’s CBD laws, it helps to start at the federal level. The 2018 Farm Bill was a landmark piece of legislation that fundamentally changed how hemp and hemp-derived products are treated under federal law. Before this bill was signed into law, hemp was classified alongside marijuana as a Schedule I controlled substance, making any form of cultivation, sale, or possession federally illegal regardless of its THC content.
The 2018 Farm Bill changed this by legally distinguishing hemp from marijuana based on THC concentration. Under federal law, hemp is now defined as the cannabis sativa plant and any derivative that contains no more than 0.3% delta-9 THC on a dry weight basis. Products derived from hemp that meet this threshold, including CBD oils, gummies, capsules, and topicals, are removed from the Controlled Substances Act entirely.
This federal change gave states the legal framework to allow hemp cultivation, processing, and sale within their borders. Virginia took advantage of this framework quickly and has built a robust hemp program as a result.
Virginia State Hemp and CBD Laws
Virginia’s legislative approach to hemp and CBD has evolved significantly over the past several years. Virginia House Bill 1839, passed in 2019, brought the state’s hemp definitions in line with the federal 2018 Farm Bill. This legislation amended the legal definitions of cannabidiol oil, marijuana, and THC to exclude industrial hemp and hemp-derived products from the definition of marijuana, provided they contain no more than 0.3% THC.
The Virginia Department of Agriculture and Consumer Services, also known as VDACS, oversees the state’s industrial hemp program. This includes licensing hemp growers and processors, establishing testing protocols, and ensuring that hemp being cultivated and processed in Virginia meets the legal THC threshold. When you purchase a hemp CBD product in Virginia, that product should have been produced under guidelines consistent with both state and federal law.
Virginia’s hemp program has grown substantially since its inception. The state now has hundreds of licensed hemp growers, and hemp-derived CBD products are widely available at pharmacies, health food stores, specialty CBD retailers, and online shops that ship to Virginia.
Virginia’s Recreational and Medical Cannabis Programs
One of the most significant developments in Virginia cannabis law came when the state legalized recreational cannabis use for adults. Virginia Governor Ralph Northam signed legislation in April 2021 permitting adults 21 and older to possess and consume cannabis. Retail sales through licensed recreational dispensaries officially launched in July 2024, making Virginia one of the more recent states to have a fully operational recreational cannabis market.
Under Virginia’s recreational cannabis law, adults 21 and older may legally possess up to one ounce of cannabis in public. At home, adults may possess up to four cannabis plants for personal cultivation. Consumption is permitted in private residences, though public consumption and driving under the influence of cannabis remain prohibited.
Virginia’s medical cannabis program has been active since 2018, managed under the Virginia Board of Pharmacy and later restructured under broader cannabis legislation. The program allows qualifying patients with conditions such as cancer, HIV/AIDS, epilepsy, and other serious health conditions to access cannabis products through licensed dispensaries. Medical cannabis patients may have access to higher-potency products than what is available in the general hemp market.
It is important to understand that while recreational and medical marijuana are legal in Virginia, these products operate under a separate regulatory framework from hemp-derived CBD. When you buy a CBD product at a general retail store, it is almost certainly a hemp-derived product rather than a marijuana-derived one, and it falls under the hemp program rather than the cannabis program.
What to Look for When Buying CBD in Virginia
The fact that CBD is legal in Virginia does not mean that every CBD product on the market is high quality or accurately labeled. The CBD industry has grown rapidly, and not every company holds itself to the same standards. A 2020 FDA study found that roughly 25% of CBD products tested were either mislabeled, underdosed, or contained ingredients not listed on the label. This makes it essential to do your homework before purchasing.
When you are shopping for CBD in Virginia, look for products that come with a certificate of analysis, or COA, from an independent third-party laboratory. This document verifies the cannabinoid content of the product, confirms that it contains 0.3% THC or less, and screens for pesticides, heavy metals, residual solvents, and other potential contaminants. A reputable brand will make this document easily accessible, either by publishing it on their website or including a QR code on the label that links directly to the test results.
You should also pay attention to the type of CBD extract used in a product. Full-spectrum CBD contains all of the cannabinoids, terpenes, and other compounds found in hemp, including trace amounts of THC up to the legal limit. Broad-spectrum CBD contains most of those compounds but has had THC removed. CBD isolate is pure cannabidiol with no other hemp-derived compounds. Each type has its potential benefits, and your choice may depend on personal preference or specific wellness goals.
Traveling With CBD in Virginia
If you are traveling through or within Virginia with CBD products, you are generally in a legally safe position as long as your products are hemp-derived and contain no more than 0.3% THC. Virginia’s alignment with federal hemp law means that standard hemp CBD products are treated as agricultural commodities rather than controlled substances at the state level.
That said, if you are traveling to or from Virginia and plan to cross state lines, you should research the laws of your destination and any states you pass through. While hemp CBD is federally legal, some states still have stricter laws around cannabis-derived products, and having a receipt, lab test, or product label that clearly identifies your CBD as hemp-derived can be helpful if you are ever questioned.
Within Virginia, carrying hemp CBD products in your vehicle is legal. Just make sure the product is sealed and properly labeled, and that it is clearly distinct from any cannabis products regulated under the recreational or medical program, which have their own rules around transport and open containers.
Where to Buy CBD in Virginia
Hemp CBD products are available from a wide range of retailers in Virginia. You can find them at health food stores, pharmacies, specialty CBD shops, and a growing number of brick-and-mortar general retailers. Online shopping is also a popular option for Virginia residents, as many reputable hemp CBD companies ship directly to consumers throughout the state.
Shopping online often gives you more access to detailed product information, including full third-party lab reports and customer reviews, which can help you make a more informed purchase. When buying from an online retailer, look for companies that are transparent about their sourcing, testing practices, and ingredients.
If you are interested in cannabis products with higher THC content for either recreational or medical purposes, you can access those through Virginia’s licensed dispensaries, which operate under separate regulation from the hemp market.
Frequently Asked Questions
Is CBD legal in Virginia in 2025?
Yes, hemp-derived CBD with 0.3% THC or less is fully legal in Virginia. Virginia law aligns with the federal 2018 Farm Bill, which removed hemp and hemp-derived products from the Controlled Substances Act. You can buy, possess, and use hemp CBD products throughout the state without any special permit or license.
Do you need a medical card to buy CBD in Virginia?
No, you do not need a medical card to purchase hemp-derived CBD in Virginia. Hemp CBD products are sold over the counter at retail stores and online without any prescription or medical certification. A medical card is only required if you want to access higher-potency cannabis products through the state’s medical cannabis dispensary program.
Is recreational marijuana legal in Virginia?
Yes, recreational cannabis is legal in Virginia for adults 21 and older. Retail sales through licensed dispensaries began in July 2024. Adults may legally possess up to one ounce of cannabis in public and grow up to four plants at home. Consuming cannabis in public or driving while impaired remains illegal.
What is the difference between hemp CBD and marijuana CBD?
Both hemp and marijuana belong to the cannabis sativa plant family, but they differ in their THC content. Hemp is legally defined as cannabis containing 0.3% THC or less, while marijuana contains higher THC levels and is regulated under the state’s cannabis program. Hemp-derived CBD is sold freely in retail settings, while marijuana-derived CBD products are available only through licensed dispensaries under either the medical or recreational program.
How can I verify that a CBD product is legal and high quality?
The best way to verify a CBD product is to check for a certificate of analysis from an independent third-party lab. This document confirms the product’s cannabinoid content and ensures it contains 0.3% THC or less. It also screens for contaminants like pesticides and heavy metals. Look for products where this documentation is easily accessible, either on the brand’s website or through a QR code on the label.
Related State CBD Law Guides
CBD regulations vary from state to state. If you are researching hemp-derived CBD laws in a neighboring or comparable state, the following guides cover similar ground. For a complete federal overview, see our guide to federal hemp law in the United States.
Explore: CBD Laws in North Carolina | CBD Laws in South Carolina | CBD Laws in Georgia
References
Agricultural Improvement Act of 2018 (2018 Farm Bill). Public Law 115-334. U.S. Congress.
Virginia Department of Agriculture and Consumer Services. (2024). Industrial Hemp Program. Commonwealth of Virginia.
Virginia House Bill 1839. (2019). Enrolled. Virginia General Assembly.
Virginia Cannabis Control Authority. (2024). Recreational Cannabis Retail Sales. Commonwealth of Virginia.
U.S. Food and Drug Administration. (2020). Warning Letters and Test Results for Cannabidiol-Related Products. FDA.gov.
