CBD In Virginia

2021 Complete Guide

Is CBD in Virginia Legal?
VA CBD 2021

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Is hemp CBD oil now legal in Virginia? What about growing hemp? Can anyone grow their own hemp and make their own CBD? Over the past few years, there has been a lot of confusion among Virginia lawmakers, and health and law officials over the legal status of hemp CBD oil and CBD-infused foods and drinks. But it looks like the dust is finally settling. 

The good news is, unlike some other states such as New York, the outcome turned out rather nicely in Virginia. Not only is CBD oil legal to produce, sell, and possess in Virginia, officials have also declared that CBD-infused edibles and beverages are legal. 

This is a good point to quickly cover the difference between marijuana and hemp.

What’s the difference between marijuana and hemp?

Both marijuana and hemp are cultivars of cannabis. More accurately, marijuana refers to the resinous flowers of cannabis strains that are high in THC. That’s the compound produced in hemp that causes intoxication. Hemp refers not just to the flowers, but to any cultivar of cannabis that contains less than 0.3% THC.

Both THC and CBD are part of a family of compounds known, appropriately, as cannabinoids. While THC is used both medicinally and recreationally, because it is nonintoxicating, CBD is limited to medicinal use. 

As it turns out, cannabinoids such as CBD cause a wide range of physiological changes in the human body. We’ll go into how and why that is in another article. 

Although marijuana, and in fact any cannabis plant that has higher than 0.3 percent THC is federally illegal, at the end of 2018, the feds divorced hemp and CBD from the country’s definition of marijuana. The measures also legalized the cultivation of hemp and the production of CBD oil. Although the USDA and FDA still have some regulatory power over hemp and CBD, the choice of whether or not to legalize hemp cultivation and how to regulate it is up to each individual state.

And thankfully for residents of Virginia, the state has given a green light to hemp.

Virginia Hemp CBD oil FAQ | 2021

Is hemp CBD oil legal in Virginia?

Not only is CBD oil legal to produce, sell, and possess in Virginia, officials have also declared that CBD-infused edibles and beverages are legal as well. The reason that the last part is surprising is that the US Food and Drug Administration has made it abundantly clear that the practice of adding CBD to foods and drinks is prohibited. 

How’s that? Behind the curtain, many states are taking a “yeah, what are you going to do about it,” attitude regarding federal CBD regulations. That seems to be a common practice when it comes to the country’s cannabis laws in general — probably because the FDA has done nothing aside from sending out a few nasty letters to makers of CBD edibles — not even a fine. 

Although the federal government’s marijuana policies haven’t budged more than an inch in the past 80 years, in 2018 lawmakers in Washington finally made the cultivation of hemp legal. Although states can opt out of growing hemp and producing CBD oil, they cannot prevent interstate commerce. 

Regardless, Virginia has been leaning in the direction of cannabis reforms.

Can Virginia doctors legally prescribe CBD?

State registered physicians can recommend CBD oil to all their patients. But doctors in Virginia are prohibited from prescribing CBD oil because it is not an FDA-approved drug. 

There is one drug called Epidioex that has been approved by the FDA. Epidiolex is essentially purified CBD. It can only be prescribed for children suffering from certain cases of epilepsy. 

Doctors that are registered with Virginia’s medical marijuana program can approve patients to participate. If you are interested you can find a doctor here. 

Also, in July 2019, legislation was passed that allowing nurse practitioners and physician assistants to issue certifications for patients to use medical cannabis.

What medical conditions are being treated with CBD in Virginia?

There are scores of reasons that people use CBD oil. Most people who use hemp CBD oil report that it reduces anxiety and pain and reduces involuntary movements such as seizures, tremors, and twitches to some extent. 

For those who seek to use cannabis products containing THC, as long as your doctor thinks your medical condition can improve as a result, you can be approved for a Virginia medical marijuana card. 

Originally, the qualifying conditions for medical cannabis were limited to epilepsy and cancer. However, in 2018, Democratic Gov. Ralph Northam signed the “Let Doctors Decide” bill. The measure allowed physicians to decide whether or not a patient could benefit. 

Here’s a list of the medical conditions being treated with CBD:

Can I legally buy CBD oil online in Virginia?

Yes. There’s no law against buying CBD oil online in Virginia. It’s very convenient to have your CBD dropped on your doorstep, but be sure to do your homework and find a brand you can trust to produce medical quality products.

What hemp CBD products are legally available in Virginia?

So, which hemp CBD products are legal and which are not in Virginia? Unlike some states which prohibit the use of CBD in foods and drinks, all hemp CBD products are legal in Virginia. 

Smokable marijuana is not legal in Virginia — not even for medical patients. But is smokable hemp legal in Virginia? Technically, it is. However — if you are able to find a shop that sells CBD-rich smokable hemp — make darn sure you save your receipt and don’t take it out in public. That’s because smokable hemp looks and smells exactly like marijuana. Being caught with it is likely to get you arrested for marijuana possession (even if you do have the receipt). 

Here’s a list of hemp CBD products that are legal for everyone in the Virginia:

For medical patients, products containing up to 0.5% THC are also available. However, they are restricted to vape oils and inhalers. 

Note that the possession of all smokable forms of cannabis including CBD-rich hemp is forbidden under state law.

Where can I legally buy hemp CBD oil in Virginia?

You can’t get too far in Virginia without running into a shop that sells CBD oil. They’re everywhere now — smoke shops, convenience stores, gas stations, and even big pharmacy chains like CVS, Walmart and RiteAid are now selling CBD products.

If you’re looking for products containing THC you’ll need a medical marijuana card. There are five companies that are licensed in the state of Virginia to grow marijuana and produce cannabis products for registered patients.

Can I legally grow hemp in Virginia?

Growing hemp for commercial purposes has been legal in Virginia since March 2019. However, you can’t just grow hemp out in your back yard. In order to grow or process hemp legally in Virginia, you need a license from the government.

Experts estimate that more than 700 registered growers will be planting about 7,000 acres of hemp in Virginia in 2021. See links at the end for information on becoming a licensed hemp farmer.

Can I legally sell CBD in Virginia?

Yes. Anyone can sell hemp CBD oil and other CBD products in Virginia. If you’re selling it in a store or online, all Virginia retailer laws apply. However, shop owners that want to add CBD to their shelves are advised to consult with a state-licensed lawyer familiar with New York hemp and CBD laws.

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