Is cannabis legal in Virginia? Most followers of this blog are aware of the recent legislative efforts in Virginia to decriminalize and then legalize the possession of intoxicating marijuana by adults. Most followers of this blog believe that Virginia is presently in a twilight world where recreational possession of intoxicating marijuana is legal while the sale of such marijuana is illegal. Most followers of this blog are wrong.
The 2018 Farm Bill legalized the production and sale of hemp based products so long as those products contained almost no delta-9-tetrahydrocannabinol. Delta-9-tetrahydrocannabinol is the compound in THC that (usually) gets people high. Unfortunately for the federal legislation there is no prohibition on delta-8-tetrahydrocannabinol. Delta-8 as it’s called has a mild intoxicating effect. The apparent assumption in the 2018 Farm Bill was that Delta-8 was not a problem in the quantities found in non-intoxicating hemp products. Then along came the free market. Legal hemp products are being used to extract Delta-8 in quantities and potencies easily sufficient to intoxicate a person consuming the substance. Intoxicating marijuana products based on Delta-8 are publicly and legally on sale across the country including in Virginia. So, the sale of intoxicating marijuana products is currently legal in Virginia.