Virginia Cannabis & Substances Laws (2026)
A comprehensive legal reference for cannabis & substances in the state of Virginia. This guide covers current statutes, penalties, and restrictions for 7 different categories.
CBD Products
LEGALVirginia permits hemp-derived CBD products with less than 0.3% THC under Va. Code Ann. § 3.2-4118. The Virginia Department of Agriculture and Consumer Services regulates hemp and CBD products, requiring testing and labeling.
Possession
Legal to possess hemp-derived CBD with less than 0.3% THC.
Sale
Sale is legal if products comply with state testing and labeling requirements.
Penalties
N/A
Age Restriction
18+ to purchase CBD products.
Delta-8 THC
RESTRICTEDDelta-8 THC is legal with restrictions in Virginia. Code Ann. § 3.2-4118, provided Delta-9 THC content is below 0.3%. The Virginia Department of Agriculture oversees hemp product compliance.
Possession
Legal if hemp-derived and Delta-9 THC ≤ 0.3%.
Retail Sale
Sale allowed with proper licensing and compliance with hemp laws.
Penalties
N/A
Age Restriction
21+ for purchase.
Delta-9 THC Edibles
LEGALHemp-derived Delta-9 THC edibles (under 0.3% THC by dry weight) are legal in Virginia under the 2018 Farm Bill. A January 2025 federal court ruling upheld Virginia's strict total THC regulations for hemp products, confirming the state's authority to regulate intoxicating cannabinoids more strictl...
Possession
Legal under 0.3% THC by dry weight
Retail Sale
Legal at retail and online
Penalties
Products exceeding 0.3% THC are treated as marijuana.
Age Restriction
21+ in most jurisdictions
Kratom
LEGALKratom is legal in Virginia and is not classified as a controlled substance under Virginia Code § 18.2-247. There are no state laws restricting possession or sale.
Possession
Legal to possess kratom.
Sale
Legal to sell and purchase kratom.
Penalties
N/A
Age Restriction
None
Psilocybin / Magic Mushrooms
ILLEGALPsilocybin is a Schedule I controlled substance in Virginia, and possession is a felony punishable by up to 10 years in prison.
Possession
Possession of any amount of psilocybin is illegal and a Class 5 felony.
Distribution
Sale and distribution of psilocybin are illegal.
Penalties
Possession is a Class 5 felony punishable by up to 10 years in prison; law enforcement actively prosecutes offenses.
Age Restriction
None specified for possession decriminalization; sale illegal for all ages.
Recreational Marijuana
LEGALRecreational marijuana is legal for adults 21+ in Virginia. No significant legislative changes since 2023.
Personal Possession
Adults 21+ may possess up to 1 oz of flower. Home cultivation of up to 4 plants per household is allowed.
Retail Purchase
Possession and home cultivation are legal, but retail sales have not yet launched. Virginia legalized possession in 2021 but the retail framework has faced legislative delays.
Penalties
Possessing over 1 oz is a civil penalty ($25). Over 1 lb is a felony. Public consumption is a $25 civil penalty. Distribution without a license is a felony.
Age Restriction
21+
Salvia
ILLEGALSalvia divinorum is a controlled or banned substance in Virginia. Virginia enforces its ban on Salvia.
Possession
Illegal. Salvia divinorum is classified as a controlled substance in Virginia. Possession is a criminal offense.
Sale
Illegal. Sale and distribution of salvia is prohibited in Virginia.
Penalties
Misdemeanor or felony charges depending on state classification.
Age Restriction
N/A