CHAPTER 653 Virginia : § 3.2-4112. Definitions.
“Hemp product” means any finished product that is otherwise lawful and that contains industrial hemp, including rope, building materials, automobile parts, animal bedding, animal feed, cosmetics, oil containing an industrial hemp extract, or food or food additives for human consumption. “Industrial hemp” means any part of the plant Cannabis sativa, including seeds thereof and any derivative, extract, cannabinoid, isomer, acid, salt, or salt of an isomer, whether growing or not, with a concentration of tetrahydrocannabinol that is no greater than that allowed by federal law
Delta 8 THC is an Isomer of CBD Hemp, and therefore legal!
Recently as of 2023 :
North Carolina-based cannabis attorney Rod Kight asked the DEA to clarify its stance and interpretation of the Controlled Substances Act :
The DEA’s clarification follows a U.S. 9th Circuit court decision in 2022 that also found delta-8 THC products are hemp and thus legal under the 2018 Farm Bill.
“If the hemp plant naturally produces a certain cannabinoid, compound, etc., such as delta-8 THC or CBN or THCV, etc., then it is not a controlled substance, regardless of how it is processed or manufactured into a finished product,”
Kight said, noting one exception: more than 0.3% Delta 9 THC by dry weight.
https://mjbizdaily.com/federal-appeals-court-delta-8-thc-products-from-hemp-are-lawful/
Side note :
Article VI, Paragraph 2 of the U.S. Constitution is commonly referred to as the Supremacy Clause. It establishes that the federal constitution, and federal law generally, take precedence over state laws, and even state constitutions. It prohibits states from interfering with the federal government's exercise of its constitutional powers, and from assuming any functions that are exclusively entrusted to the federal government. It does not, however, allow the federal government to review or veto state laws before they take effect.
*Hemp isomers are clearly defined as legal in the 2018 Federal Farm Bill
Virginia : July 1st 2023
VIRGINIA CONSUMER PROTECTION ACT (VCPA) REQUIREMENTS FOR SUBSTANCES
CONTAINING THC THAT BECOME EFFECTIVE ON JULY 1, 2023
May not sell a substance intended for human consumption, orally or by inhalation, that
contains a synthetic derivative of THC. (I.E Delta 8)
May not sell a topical hemp product that does not include a label stating that the product is not intended for human consumption.
* Allowed to sell a topical hemp product that was manufactured prior to July 1, 2023,
provided that the seller provides documentation of the date of manufacture if
requested.
* Some products are only available for distribution from Virginia Hemp LLC headquartered in Hurricane, West Virginia after July 1st 2023 *