Is CBD Legal In Virginia? (2022)

cbd oil legal in virginia

CBD Oil Laws In Virginia - Is It Legal To Buy?

CBD stands for cannabidiol. It’s extracted from cannabis plants and doesn’t cause intoxication. 

Rather it exhibits numerous useful properties, including anxiety and pain relief, anti-inflammatory, and anti-seizure. 

Although it’s legal according to federal regulations, some states don’t allow its use. So what about for medicinal purposes? Or buying out of State?

‘Is CBD legal in Virginia’, and can you buy it easily are the important questions tackled in this article. 

Virginia Hemp Laws Before 2018 Farm Bill

Full-spectrum CBD is derived from the hemp plant.

Because of this Virginia lawmakers have always been intrigued about hemp, and therefore CBD though they had rigid rulings concerning marijuana. 

House Joint Resolution 565

This was passed in Virginia in 1997. 

It resulted in the formation of a six-membered committee to study the economic impacts and impediments to the production of hemp.

After its achievement, HJ 94 was signed, allowing the regulated experimental cultivation of hemp in Virginia.

Federal Law

However, federal law didn’t allow its cultivation, but federal agencies were involved, so the cultivation was permissible with some limitations.

The state further increased the development of hemp plants as its economic value for the rural communities has become more evident with time.

HJ 605 in 2002 made hemp cultivation the way to boost rural affluence.

Senate Bill 955

This Bill was passed by Governor Terry McAuliffe and came into effect in 2015. 

As per federal government regulations, it drove an investigation program and rediscovered hemp as a cannabis Sativa plant containing less than 0.3% THC content. 

It also instructed the Commissioner of Virginia Department of Agriculture and Consumer Services to authorize the establishment of industrial hemp plants cultivation programs in higher institutions. 

Further Laws

More laws were presented in the next few years to describe the launched cultivation programs further. 

House Bill 699 was approved in 2016, which explained numerous features of this program. 

According to it, the Board of Agriculture and Consumer Services had to develop a licensing program. 

Moreover, people having licenses can’t be sued for the production, cultivation, sale, or distribution of CBD products

Virginia Hemp Laws After 2018 Farm Bill

Various laws have been passed over the years that contribute to the legality of CBD, Hemp and Marijauana in different states across the USA.

House Bill 532

This was signed in 2018 to dismiss limitations on the cultivation program.

However, the bill didn’t fulfill the requirements of the Hemp Farming Act 2018. 

Thus, it was outlawed, and Senate Bill 247 has taken effect, substituting the existing licensing system to ensure Virginia obeys the Hemp Farming Act.

Hemp Farming Act

These laws suggested the sale and use of CBD products are permissible for recreational use

Virginia has also permitted patients with certain medical conditions to request a medical marijuana card under the medical marijuana program.

the adult use of recreational marijuana may be legalized entirely by 2024 in Virginia as per the new laws

Everyone who has a doctor’s recommendation can submit their application and procure medical-grade cannabis from medical dispensaries in Virginia. 

Decriminalization Law

Decriminalization law was also presented in 2020 for adults possessing one ounce of marijuana

If the police catch someone with this amount of cannabis, they will get only a $25 fine for the first offense.

Moreover, Richmond’s bills have been submitted to authorize recreational adult use by 2024. 

If these bills are approved and become law, you can procure up to one ounce of cannabis flower in a day from the official dispensaries. 

CBD And Marijuana In Virginia

Virginia has shown great interest in industrial hemp and residents are allowed to buy hemp products.

Also, the adult use of recreational marijuana may be legalized entirely by 2024 in Virginia as per the new laws

Though Virginia is discussing legal hemp flowers, you should know that its cannabis laws are constantly changing. 

So you need to be fully aware of the latest state laws before procuring CBD. 

Let’s have a look at Virginia’s laws and guidance for growing marijuana;

Authorization For Growing Hemp

  • You should be registered as an Industrial hemp dealer, grower, or processor if you want to possess hemp products in the state of Virginia legitimately
  • You need to revive registration yearly as it perishes after one year
  • You should give the exact location of your farmland
  • Pay a $150 license fee, and a report regarding your criminal background

If you are convicted of a drug-related crime in the last ten years, your application will be rejected.

Is Buying And Selling CBD Legal in Virginia?

Store owners can sell CBD products containing trace amounts of THC no more than 0.3% lawfully. 

However, you can’t buy marijuana products in Virginian retail stores as they are still illegal. 

CBD Testing

Every retailer needs to add laboratory results if they’re selling CBD hemp in Virginia.

As hemp and marijuana plants have similar appearances, law enforcement can arrest you.

Therefore, you can only authenticate the efficacy of these products by sending high-quality laboratory screenings.

Online retailers can also publish the lab results of various products on their websites. 

How Much CBD Can I buy?

You can easily procure CBD items as the Commonwealth of Virginia hasn’t put any limitation on the amount of hemp CBD that can be procured.

So, you can purchase as much CBD as you need.

However, the only thing you must be mindful of is the amount of THC, which shouldn’t cross the 0.3% limit.

Which Stores Sell Legal CBD in Virginia?

Hemp CBD products can be procured from the five authorized pharmaceutical processors.

 You can also purchase them from numerous online CBD brands, medical marijuana dispensaries, or brick-and-mortar retailers.

According to an investigation conducted by the Food and Drug Administration (FDA) in 2020, 25% of the hemp-derived products sold in the CBD market are either misbranded, falsified, or under-dosed.

However, you should be cautious while purchasing CBD online. 

According to an investigation conducted by the Food and Drug Administration (FDA) in 2020, 25% of the hemp-derived products sold in the CBD market are either misbranded, falsified, or under-dosed. 

CBD Federal Rulings - Why Do Some States Not Authorize CBD?

The Federal Controlled Substances Act (CSA) in 1970 produced a list of illegal drugs and their probability for addiction and misuse and medical benefits. 

According to this act, all kinds of cannabis Sativa plants were considered Schedule I controlled substances counting hemp. 

Schedule I drugs are cannabis substances having a greater probability of misuse and addiction with lesser benefits.

Further Federal Guidelines

These have made CBD legal in Virginia, having 0.3% THC while marijuana is still prohibited at the federal level

The 2018 Hemp Farming Act also gave the United States Food and Drug Administration (FDA) rights to control the labeling and therapeutic entitlements of CBD and its use as a food additive

Food and Drug Administration

The FDA has a hard ruling against the addition of CBD to food and beverage products. 

It also doesn’t allow CND advertisement as a dietary supplement.

They are still re-assessing the rules on CBD products produced from hemp extract

Conversely, they need to outline particular rulings to forbid measures confusing the hemp industry.

FDA also released a warning letter in July 2019 to a CBD company, Curaleaf. 

It has summarized violations of laws in numerous ways.

Government Regulations

The federal government is highly involved in regulating hemp-derived CBD products. 

However, the 2018 Hemp Farming Act has also permitted all states to specify their own laws to regulate the distribution and sales of CBD products.

As a result, the production and distribution of hemp products can be restricted at the state level.

All States Differ

States have the right to control foods, cosmetic products, and dietary supplements comprising CBD irrespective of the final rulings the FDA has outlined according to the Federal Food, Drug, and Cosmetic Act

We’ve already discussed that every state has the right to authorize CBD. 

However, some conventional states didn’t differentiate between CBD and marijuana and thus made them illegal.

Though CBD isn’t intoxicating, some states believe it is. 

That’s why you may find strict rulings against hemp in some states.

3 Things You Must Do When Buying CBD

1. Check Out The Store

The most significant thing to consider while buying CBD is the store’s reliability. 

You should determine if the store is reliable and provides high-quality CBD. 

Has it been a long-standing trader of CBD products and is this something they specialize in?

Can the staff answer questions regarding their product?

2. Always Read The Label

You can inspect the certificate of analysis and lab report to determine the quality of CBD. 

These are normally present on the packaging and label of the product.

The following information is available on the label of highly trustworthy companies: 

  • Net weight 
  • Name of the manufacturer or distributor 
  • Recommended use
  • Expiry date or the batch number 
  • Suggested amount per year of age and body weight 
  • Storage directions
  • Chief ingredients 
  • If the product is broad-spectrum, full-spectrum, or isolate
  • Active ingredient amount per serving 

3. Know Your CBD

It’s highly important to know the kind of product and generally speaking there are 3 different types of CBD Oil.

- Full-spectrum CBD

This form is derived from the hemp plant and contains other substances like terpenes, different cannabinoids, and traces of THC. 

You’ll get better results from full-spectrum products as they produce an entourage effect which means a more pleasant experience because of the blend of different substances.

- Broad-spectrum CBD

Broad-spectrum refers to the presence of terpenes and CBD.

It also means that the product has gone through additional procedures to remove THC. 

Read all about Broad-Spectrum CBD Vs Full Spectrum CBD

- CBD Isolate

CBD isolate refers to pure CBD.

The product has passed through more rigorous procedures to eliminate all the impurities apart from CBD.

All of these produce different effects.

But the best way to get an entourage effect is full-spectrum CBD.

Is CBD Legal in Virginia? The Bottom Line

Yes, CBD has legal status in Virginia as Virginia abides by the federal regulations stated in the Farm Bill. 

Is CBD legal in Virginia – these all are the regulations.

So, it’s good news for you if you are a CBD enthusiast living in Virginia. 

Here is the brief outline of federal laws: 

  • Hemp CBD oil is legal
  • Marijuana oil is illegal
  • Hemp oil should not contain more than 0.3% THC. Therefore, no THC will be present in broad-spectrum CBD oil, while the full spectrum will contain 0.3% THC
  • We suggest the CBD labels involve a QR code to scan third-party lab reports