Delta 8 THC is a derivative of the cannabis plant. It’s a cannabinoid with properties that resemble delta 9 THC, which is the primary ingredient in marijuana.
These two cannabinoids are similar, but there are some important differences between the two.
Marijuana and delta 9 THC are illegal in the state of Virginia, while delta 8 THC is not — but only if certain criteria are met.
In this guide, we’ll explore the laws and rules regarding delta 8 THC in the state of Virginia in detail.
IS DELTA 8 THC LEGAL IN VIRGINIA?
Most American states don’t address delta 8 THC directly. The federal government only assesses the concentration of delta 9 THC in various products or natural sources to determine its legal status.
Most US states follow the same guidelines put in place by the federal governments on this matter.
As per these guidelines, in order for delta 8 THC products to be legal, the concentration of delta 9 THC should be below 0.3%. Additionally, all extracts need to be made from the hemp plant rather than marijuana.
Donald Trump signed the 2018 Farm Bill that defined a distinct difference between marijuana and hemp. The bill states that anything made from hemp is not considered a drug — but a food supplement instead. This means these products are legal to consume and sell.
For the past few years, it remained unclear whether delta 8 THC was officially regulated by the US or not. A 2020 United States Federal Register report came out to be more clear and concise regarding these substances, but it made it even murkier.
Most legal experts agree that within the state of Virginia, the sale and possession of delta 8 THC is legal.
WHAT ABOUT DELTA 10 THC?
Delta 10 THC is another version of the THC molecule. It also occurs in nature but in very small concentrations.
Its effects are similar to delta 8 and delta 9 THC but with a much more energizing or stimulating profile.
This cannabinoid falls under the same regulations as delta 8 THC.
As long as it’s derived from hemp and does not contain more than 0.3% delta 9 THC, it’s considered legal within the state of Virginia.
DO I NEED A MEDICAL CARD IN VIRGINIA TO ORDER DELTA 8 THC?
Thankfully, you do not need a medical card in Virginia to buy or order delta 8 THC products as long as it’s derived from hemp.
You will need a medical card to purchase delta 8 THC products that were made from marijuana.
IS DELTA 8 THC NATURAL?
The DEA states that all synthetically-derived THC substances fall under Schedule I controlled substances.
Delta 8 THC does not fall into this category because using one natural hemp derivative and converting it into another natural hemp derivative does not make it a synthetically derived THC substance or product.
As delta 8 THC occurs naturally in cannabis and hemp, most experts consider it to be naturally derived.
DELTA 8 VAPES & THE PACT ACT: WHAT DO I NEED TO KNOW?
The US Congress passed the Prevent All Cigarette Trafficking Act (PACT Act) — which is referred to as the vape mail ban.
This law was passed before, but a new amendment was made to expand coverage to the electronic vaporizer market as well.
This new amendment applied two changes in particular:
- It instructed the Postal Service to stop the shipping of vaping products to residential addresses through the US Mail.
- It added vape products to Prevent All Cigarette Trafficking Act (PACT Act).
The PACT Act covers CBD, delta 8, and delta 9 THC vaporizers and vape oils, as well as nicotine and nicotine-free e-liquids.
After the law passed, many private companies said that they would not deliver vape products anymore. DHL, FedEx, and UPS all announced that they would stop the shipping of vapes to avoid the numerous legal hurdles involved with the process.
PACT Act also requires all online retailers and sellers to contact and register themselves at the Bureau of Alcohol, Tobacco, Firearms, and Explosives before doing business.
It regulates the collection of taxes paid by online sellers, puts in place strict tax collection rules, and creates proper standards for the delivery of smokeless tobacco and similar products. This helps reduce the sale of vapes and other tobacco products to minors online illegally.
The PACT Act requires online sellers to do the following:
- Verify the age of all customers through a commercial database (If you are ordering from a website that doesn’t verify the age of the consumers before selling, then you shouldn’t be- there is a probability that such companies may be involved in other illegal practices.)
- Use private companies that collect an adult signature at the time of delivery.
- Register with US Attorney General and ATF
- Register with the local and state tax administration of the area of the business
- Pay and collect proper state and local tax, including tax stamps on sold products
- Send a monthly list of all transactions to the state tax administrator along with the name and address of each customer. The type of product and the quantity should be on the list. The list should have the name, address, and phone number of the person delivering the products.
HOW TO USE DELTA 8 THC?
There are many ways of using delta 8 THC.
Your choice will depend on how fast you want to feel the effects and the intensity of the experience you wish to have.
Delta 8 THC Gummies
Delta-8 THC gummies are the best way of masking the flavor of this hemp extract, which isn’t particularly well known for having a good flavor.
You can find delta 8 THC gummies in all different shapes, sizes, and flavors to suit your particular preferences.
Delta 8 THC Vape Cartridges
Vaping is the most common way of using delta 8 THC, and the effects kick in almost immediately.
Prefilled vape cartridges can be screwed onto a standard 510 threaded vape battery and replaced with a new cartridge when emptied.
WHAT’S THE FUTURE OF DELTA 8 THC IN VIRGINIA?
As we’ve discussed above, the use and sale of delta 8 THC products are legal in Virginia according to the Federal Law and the 2018 Farm Bill — but only if it’s made from hemp plants and contains below the 0.35 federal limit of delta 9 THC.
Virginia still bans the use of marijuana but is on track to legalize the herb in its entirety over the next few years. Most experts believe marijuana and all its derivatives will be legal in Virginia and throughout the United States by the year 2025.