Changing 15 August 2026 · last checked 14 August 2026
From tomorrow, the 25:1 CBD-to-THC ratio exception is repealed. The limit becomes an absolute 2 mg of total THC per package, regardless of how much CBD accompanies it.
Virginia has been quietly one of the strictest hemp states for several years, and it is about to get stricter. If you buy hemp products in Virginia, this is the single most consequential date on your calendar before the federal deadline.
This article is for general educational purposes and is not legal advice.
The total-THC formula
Virginia counts all THC isomers — delta-8, delta-9, delta-10 and the rest — plus 0.877 times THCA, capped at 0.3% by weight.
That formula does two jobs at once. THCA counts fully, so THCA flower is out. And delta-8 counts toward the same total, so delta-8 is out in any meaningful dose. VDACS stated this explicitly in its October 2025 inhalable hemp guidance.
Virginia separately prohibits selling any substance for human consumption containing a synthetic derivative of THC under the Virginia Consumer Protection Act.
What changes on 15 August 2026
Virginia has capped hemp products at 2 mg of total THC per package for some time. Until now there was an escape hatch: products maintaining a 25:1 ratio of CBD to THC could exceed it.
That exception is repealed as of 15 August 2026. From that date the 2 mg per package figure is an absolute ceiling, and the amount of CBD in the product is irrelevant.
To put 2 mg per package in perspective: a single 10 mg gummy is five times the limit for an entire package. A 30-count bottle of 10 mg gummies is 150 times over. Effectively no intoxicating hemp product on the national market is compliant in Virginia after tomorrow.
The rules came from the 2026 budget
HB 30, the biennial budget, and SB 543 were both signed by Governor Spanberger on 29 June 2026. Together they narrowed the hemp product definition, killed the ratio exception effective 15 August 2026, and transferred regulatory oversight.
Penalties are serious: a Class 1 misdemeanour plus civil penalties of up to $10,000 per day.
Oversight moved to the cannabis regulator
As of August 2026, authority moved from the Department of Agriculture and Consumer Services to the Virginia Cannabis Control Authority, which can issue notices of violation, cease-and-desist orders and civil penalties. Existing retail registrations remain valid until they expire.
Retailers need a Regulated Hemp Product Retail Facility Registration — roughly $1,000 per location per year under Va. Code § 3.2-4122 — along with ISO 17025-accredited lab testing and batch certificates of analysis.
Age
21+. Packages must carry the statement that they may not be sold to persons younger than 21, and SB 1060 / HB 1946 in 2025 made under-21 possession of retail hemp products intended for smoking unlawful.
There is litigation
Virginia hemp businesses filed a federal takings and due-process suit on 31 July 2026 in the Western District of Virginia at Roanoke. No injunction had been reported as of this writing, so the 2 mg cap should be assumed to take effect on schedule.
Worth noting that similar challenges have not fared well elsewhere — the Eighth Circuit upheld Arkansas's ban and the Tenth Circuit upheld Wyoming's, both rejecting Farm Bill preemption arguments.
What is left
Non-intoxicating CBD. Isolate and broad-spectrum products with negligible THC remain lawful and are unaffected by the ratio repeal. Full-spectrum products are the ones caught, because the residual THC in a full bottle routinely exceeds 2 mg — see our guide to spectrum types.
Frequently Asked Questions
What is Virginia's THC limit?
2 mg of total THC per package, and from 15 August 2026 that is an absolute ceiling with no CBD-ratio exception. Products must also stay under 0.3% total THC by weight.
Is delta-8 legal in Virginia?
Not in practice. Delta-8 counts toward Virginia's total-THC calculation, so it is subject to the same 0.3% and 2 mg per package limits, and synthetic THC derivatives are separately prohibited.
Is THCA flower legal in Virginia?
No. Virginia's formula counts THCA at 0.877 toward total THC, which places THCA flower well outside the hemp definition.
Can I still buy CBD in Virginia?
Yes. Isolate and broad-spectrum CBD with negligible THC remain lawful. Full-spectrum products are the ones most likely to exceed 2 mg per package.
