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CBD Oil in Virginia
People (and governments) often confuse the hemp plant and the marijuana plant. In fact, up until the last several years, federal laws and state laws made no distinction between these two cannabis plants. This has led to a lot of confusion abut the legality of CBD (cannabidiol) products.
CBD products can be derived from either plant, but marijuana-derived CBD products are far less common and far less readily available to the general public. On the other hand, CBD products that have been created using hemp extracts are becoming increasingly common—and they are available nationwide.
In the eyes of current federal law, the primary distinction between hemp plants and marijuana plants is based on the concentration of tetrahydrocannabinol (THC). THC is a psychoactive substance (unlike CBD). THC makes a person “high” when consumed. It is only found in exceptionally low concentrations when it comes to legal hemp.
CBD products derived from legal hemp cannot intoxicate the user.
Is CBD Oil legal in Virginia?
Yes, CBD oil and CBD products are legal in the Commonwealth of Virginia, but for consumption by the general public, there are some rules: these products must be derived from hemp and can contain only trace amounts of THC (0.3% or less). Any product with a concentration of THC that goes above this threshold will be considered a marijuana product by legal authorities. Rules for marijuana-derived CBD are a lot more restrictive.
A few state laws have been ratified in recent years that further clarify the situation for CBD in Virginia.
What are the current CBD laws in Virginia?
Virginia has some of the most progressive laws in the United States regarding cannabis use, and this is true for both hemp and for marijuana. While some states have confusing legal frameworks this front, and are tangled in legal complexities, Virginia is straight forward by comparison.
We will need to discuss the legal status of both plants, and their extracts, to paint a clear picture.
Thanks to provisions within the 2018 Farm Bill (Agriculture Improvement Act of 2018) it is legal under federal law to manufacture and sell hemp-derived CBD in most parts of the United State, and that includes Virginia. These provisions were included in the Senate version of the bill by Senate Majority Leader Mitch McConnell (R-KY) and removed hemp’s classification as a Schedule I controlled substance. The provisions found their way into a reconciled version of the bill, opening the pathway for legalized hemp and hemp-derived CBD.
As mentioned above, the law requires that the hemp from which these products are made can contain no more than 0.3% THC to be considered legal to the general public. So long as this requirement is met, hemp-derived CBD is legal in Virginia and readily available in general retail environments. This is what is considered “non-medical CBD” under Virginia law.
You can find hemp-derived CBD in gas stations, convenience stores, smoke shops, and wellness stores across the commonwealth, and buying CBD online is perfectly legal as well.
This does not apply to food products. (The Food and Drug Administration retains authority over CBD food products and has, thus far, not approved CBD as a food/beverage ingredient.)
Marijuana-derived CBD remains unavailable to the general public in Virginia, but there is medical marijuana registry that allows for residents to obtain it. Virginia passed one of the very first medicinal marijuana laws in the U.S., back in 1979 (§ 18.2-251.1. Possession or distribution of marijuana for medical purposes permitted) —and things have come a long way since then.
In 2018 the Virginia General Assembly passed a bill that paved the way for CBD (HB 1251): this allowed for physicians to issue written certification for the use of CBD oil or THC-A oil to treat the symptoms of those who suffer from intractable epilepsy.
In 2019 legislation was ratified that eased this further, permitting nurse practitioners and physician’s assistants to issue written certifications for use of marijuana extracts (SB 1557). Once a patient receives written certification, they can apply to the medical marijuana registry through the Board of Pharmacy. This registration costs $50 annually for patients and must be renewed each year. (Only verified residents of Virginia can join this registry.)
It should be noted that as of July 1, 2020, marijuana has been decriminalized (though not legalized) within the state of Virginia. This is largely seen as a victory by the criminal justice reform movement.
Governor Ralph Northam (D) signed legislation (SB 2, HB 972) that significantly reduced penalties for possession of marijuana (up to one once) – making it a civil violation. Legal authorities can only fine someone found in possession of marijuana a maximum of $25. They cannot perform an arrest, and the offense cannot be added to one’s criminal record.
In addition, Northam signed SB 1015 which clarifies that no one can be prosecuted or face legal consequences for participating in Virginia’s medicinal cannabis program.
Can I purchase CBD oil in Virginia?
You can indeed purchase CBD products in Virginia, and when it comes to hemp-derived CBD, there is no legal ambiguity in doing so! There is no need for written prescriptions nor need for registry with the state’s medical cannabis program. You can also order hemp-derived CBD products online, an option that saves time and hassle, while offering a varied product selection in just a few clicks!
Highland Pharms offers an extensive variety of hemp-derived CBD products that are cleanly produced, legal to consume, and safe to ship directly to you, no matter where you reside in “The Old Dominion.” Whether you are looking for CBD in the form of creams, lotions, tinctures, capsules, pills, vape oils, or even gummies, you will likely find a format that fits your needs!
18.2-251.1. Possession or distribution of marijuana for medical purposes permitted (virginia.gov)
The Legality and Availability of CBD Oil in Virginia
Reconciled Farm Bill Includes Provisions Lifting Federal Hemp Ban – NORML
Is CBD oil legal in Virginia? | Weedmaps
Virginia: Marijuana Decriminalization Takes Effect July 1 – NORML
LIS > Bill Tracking > HB1251 > 2018 session (virginia.gov)
VA HB972 | 2020 | Regular Session | LegiScan
CBD in Virginia: VA State Laws and Where to Buy Legally (timesofcbd.com)