Is THCA legal in Virginia? Virginia hemp laws and the 2 mg limit

The law in Virginia

Virginia limits hemp products by total THC and by milligrams per package. Under Code of Virginia 4.1-600, a hemp product offered for retail sale may hold no more than 0.3 percent total THC and no more than 2 mg of total THC per package. Total THC adds the weight of THC and of THCA, after the conversion factor, and THC covers any natural or synthetic tetrahydrocannabinol and its isomers, so delta-8 counts too.

The limits came from SB 903 of 2023, in force since July 1, 2023. Hemp extracts meant to be eaten count as food under Title 3.2, Chapter 51, and must meet the same limits.

1. July 1, 2023SB 903 takes effect: total THC, 2 mg per package or a 25 to 1 CBD ratio, age 21.
2. January 7, 2025The Fourth Circuit upholds Virginia's total THC standard in Northern Virginia Hemp and Agriculture v. Virginia.
3. May 19, 2026The Governor vetoes SB 542 and HB 642, the retail marijuana market bills.
4. June 29, 2026The 2026 budget act (HB 30) is signed, rewriting the hemp rules.
5. July 1, 2026Kratom rules take effect: age 21, labels and a 7-OH cap.
6. August 15, 2026The 25 to 1 exception ends: no more than 2 mg total THC per package.
7. December 11, 2026The federal limit of 0.4 mg total THC per container begins.
8. July 1, 2027Hemp retail rules move to the Cannabis Control Act, Title 4.1, Chapter 17.

The 2026 changes

The 2026 budget act, HB 30, signed June 29, 2026, rewrote the hemp rules:

• No 25 to 1 exception. The 2023 law let a product exceed 2 mg per package if it held at least 25 times as much CBD as THC. That ended on August 15, 2026.
• A new regulator. Oversight of retail sale of edible and smokable hemp moved from the Department of Agriculture and Consumer Services to the Cannabis Control Authority in August 2026, and the Code moves the retail rules into the Cannabis Control Act on July 1, 2027.
• Retail marijuana. Licensed retail marijuana sales are authorized from July 1, 2027, after the Governor vetoed two separate market bills on May 19, 2026.

Selling a product over the limits for eating or inhaling can draw a civil penalty of up to $10,000 a day.

1. CBD Isolate Gummies, 150mg, LemonLazarus Naturals$0.013/mg
2. Strongest Broad Spectrum CBD Oil 12000mgNeurogan$0.017/mg
3. Clarity Broad Spectrum OilNuLeaf Naturals$0.030/mg
4. CBD Gummies with Melatonin for SleepCBDfx$0.037/mg
5. Organic THC-Free CBD Tincture (Unflavored)Joy Organics$0.052/mg
6. Enhanced Broad Spectrum CapsulesMedterra$0.053/mg

Age, registration and labels

No hemp product intended for smoking, and no substance with THC that is eaten or inhaled, may be sold to anyone under 21. Smokable hemp sold online must be checked against an age database before the sale and delivered only with the signature of someone 21 or older.

A store selling edible or smokable hemp products needs a regulated hemp product retail facility registration, $1,000 a year for each location. Products with THC need child-resistant packaging, and labels must list ingredients, the serving, the total THC in percent and milligrams, and that the product may not be sold to anyone under 21. Each needs a certificate of analysis from an ISO 17025 lab. Products shaped like a person, animal, vehicle or fruit are barred, and synthetic THC derivatives are banned outright. Topicals must state that they are not for human consumption.

The court case

Hemp businesses challenged the total THC standard. On January 7, 2025 the Fourth Circuit Court of Appeals held in Northern Virginia Hemp and Agriculture v. Virginia that federal law does not preempt it and that it does not violate the Dormant Commerce Clause. The court noted the law reaches THC whether it is delta-9, delta-8 or another form.

Kratom, kava, amanita and spores

HB 360 of 2026, effective July 1, 2026, lets kratom be sold to adults 21 and older with a warning label, behind the counter or in a locked case. It caps 7-hydroxymitragynine at 1 percent of total alkaloids or 1 mg a serving, bans synthesized alkaloids, and bans kratom made to be smoked, vaped or injected.

We found no Virginia statute naming kava, amanita muscaria or its compounds, or mushroom spores. Psilocybin and psilocyn are Schedule I.

The federal change on December 11

From December 11, 2026, the federal definition counts total THC including THCA and limits a finished hemp-derived cannabinoid product to 0.4 mg per container, lower than Virginia's 2 mg per package. Read the federal page and What's changing on December 11.