Virginia’s new hemp THC limit takes effect Aug. 15

Virginia’s new hemp-product limits take effect August 15, 2026, giving retailers and manufacturers less than two weeks to review inventory, testing records, packaging and labels.

Beginning that day, a hemp product offered for retail sale in Virginia may contain no more than 2 milligrams of total THC per package and no more than 0.3% total THC. The change applies to products produced, held, sold or offered for sale in the state.

The law also ends the previous exception that allowed a product to exceed 2 milligrams of THC when it contained at least 25 times as much CBD as THC.

What changes on Aug. 15

Until August 15, Virginia’s law allows a hemp extract sold at retail to meet either of two conditions: It can contain no more than 2 milligrams of THC per package, or it can contain a higher amount of THC if the CBD-to-THC ratio is at least 25 to 1.

The incoming law removes that alternative. Virginia law will require both limits: no more than 0.3% total THC and no more than 2 milligrams of total THC per package.

The change targets products that exceed those limits. It does not make every hemp product illegal.

Consumers may see product changes

Consumers should check labels for the total THC amount per package before buying hemp-derived edibles, extracts and other regulated products after the deadline.

A product that exceeds Virginia’s limits cannot be manufactured or sold as a hemp product in the state. The Cannabis Control Authority says a product exceeding the limits may be considered marijuana.

That classification does not mean recreational marijuana stores will open immediately. Separate legislation schedules regulated adult-use marijuana retail sales to begin July 1, 2027.

Retailers and manufacturers have no sell-through period

The enacted law does not include a sell-through or grace period for inventory that exceeds the new THC limits. The CCA says it cannot authorize products to be manufactured or sold in a way that conflicts with the law.

Retailers and businesses selling hemp products should plan to comply by August 15. That includes reviewing product formulas, laboratory testing, package sizes, labels and records.

Virginia law authorizes a civil penalty of up to $10,000 for each day a covered violation occurs. That is a statutory maximum, not an automatic charge for every violation; enforcement depends on the circumstances and the applicable legal process.

Enforcement is moving to the Cannabis Control Authority

Responsibility for enforcing rules covering the retail sale of edible and inhalable hemp products is transferring from the Virginia Department of Agriculture and Consumer Services to the CCA.

The VDACS Office of Hemp Enforcement is scheduled to close August 7, 2026. Its staff will join the CCA to support hemp-product oversight.

The transition does not end VDACS’ role in hemp regulation. VDACS will continue to oversee hemp cultivation and issue industrial hemp grower, processor and handler registrations. Manufacturers of edible hemp products intended for human consumption must also continue to obtain food-safety permits from VDACS.

Retail registrations remain valid during the transition

Existing Hemp Product Retail Facility registrations remain valid until their expiration dates. They do not automatically renew.

The CCA is developing the process for new registrations and renewals. Applicants should expect a decision within seven to eight weeks once applications are accepted. The CCA says more information will be posted as it becomes available.

Renewal applications sent to VDACS by July 17, 2026, are being processed by the CCA. Businesses with registrations expiring after that date are being directed to watch for further guidance from the CCA.

Questions about regulated hemp-product retail oversight should go to the CCA. Questions about cultivation, industrial hemp grower, processor and handler registrations, and food-safety permits remain with VDACS.

Sources

Discover more from Interactive News

Subscribe to get the latest posts sent to your email.