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Yes, hemp-derived CBD is legal in Virginia for adults. To count as legal hemp, a product has to stay under 0.3% total THC. On top of that, whatever you actually buy in the store or online also can't go over 2mg of total THC per package. Virginia recently closed an old loophole that let some products go over that limit anyway, so it's worth knowing the current rule before you buy.
What Changed for Virginia CBD Rules
Virginia used to allow an exception based on a CBD-to-THC ratio. If a product had enough CBD compared to its THC, it could pass even if the actual amount of THC inside was fairly high. That ratio exception is gone now.
In its place is a flat rule: every hemp product sold in Virginia has to stay under 2mg of total THC per package, no matter how much CBD is in it. There's no ratio workaround anymore. This mostly affects higher-THC hemp products. Standard CBD oils and CBD-only gummies, which contain little to no THC, aren't affected by this change in any meaningful way.
Virginia has also finished moving hemp oversight to a newly created state authority, which took over the job that used to sit with the state's agriculture department. If you're checking a retailer's registration or credentials, that's the agency to look for now.
Is CBD Oil Legal in Virginia?
CBD oil, sometimes called hemp oil, comes in a few different forms depending on how it's processed, and the form you pick affects how much THC ends up in the bottle. Full spectrum CBD keeps trace THC in the mix, broad spectrum removes it, and CBD Isolate contains none at all.
That distinction matters more in Virginia than in most states, since Virginia counts every THC-type compound toward its limit, not just the main one. If you want to understand how these three types differ and which one fits what you're looking for, our Full Spectrum vs. Broad Spectrum vs. CBD Isolate guide breaks it down.
Hemp-derived CBD oil is also a different product category than higher-THC oils, which are regulated separately under Virginia's medical program and aren't something you can buy over the counter.
Are CBD Gummies Legal in Virginia?
Yes, CBD gummies are legal in Virginia, and THC-free gummies clear the new per-package cap easily since they don't contain any THC to begin with.
Gummies made with CBD Isolate or Broad Spectrum CBD contain 0mg of THC, so the 2mg per-package limit isn't a concern for them at all. If you prefer products made without detectable THC, look for 'Isolate' or 'Broad Spectrum' on the label and always check the product's batch-specific Certificate of Analysis (COA) to review its cannabinoid profile.
Age Requirements to Buy CBD in Virginia
Virginia's statewide age rule only applies to smokable hemp products, meaning anything meant to be inhaled, like hemp flower or vapes. For those, you have to be 21 or older. For other formats, like CBD oil or gummies, Virginia doesn't set a statewide minimum age at all.
Fab CBD requires every customer to be 21 or older across our entire site, regardless of product type. That's a stricter standard than Virginia's own smokable-only rule requires, and we apply it the same way to every order, everywhere we ship.
For more on how age rules apply across different product types, see our CBD Age Requirements page.
Who Regulates CBD in Virginia?
Hemp product oversight in Virginia has moved from the state's agriculture department to a newly formed state authority that now handles both hemp and higher-THC product regulation under one roof.
Retailers that sell hemp products in Virginia are required to register with the state. If you're buying from a physical retailer, that registration is one sign you're dealing with a legitimate seller. Online, the equivalent signal is a batch-specific Certificate of Analysis, or COA, that you can check before you buy.
Hemp-Derived CBD vs. Virginia's Medical Program
Hemp-derived CBD and Virginia's separate medical program are two different things, and mixing them up is where a lot of confusion starts.
Hemp-derived CBD, the kind sold at Fab CBD, doesn't require a prescription or any kind of medical certification. Virginia's medical program is different. It's available only to patients who get a written certification from a licensed practitioner, and it's administered separately from hemp CBD sales.
Where to Buy CBD in Virginia
You can buy legal CBD in Virginia at hemp-specific retailers, some pharmacies and wellness stores, and online. Wherever you shop, check for a batch-specific COA, a clear THC amount on the label, and CO2 extraction listed in the product details.
Buying online makes it easy to compare COAs before you buy, and to check exactly which cannabinoids a product contains before it ships to a Virginia address.
Frequently Asked Questions
Is CBD oil legal in Virginia?
Yes. Hemp-derived CBD oil under Virginia's total-THC threshold is legal for adults to buy, possess, and support general wellbeing.*
Are CBD gummies legal in Virginia?
Yes, as long as they're hemp-derived and meet Virginia's THC limits. Formats like CBD Isolate and Broad Spectrum gummies contain non-detectable levels of THC and easily meet the state's per-package threshold.
Do I need a prescription to buy CBD oil in Virginia?
No. Hemp-derived CBD is sold over the counter and online without a prescription. A prescription only applies to Virginia's separate medical program.
Is there an age requirement to buy CBD in Virginia?
Virginia only sets a 21+ requirement for smokable hemp products. Other formats, like oil and gummies, don't have a statewide minimum age, but Fab CBD requires customers to be 21 or older site-wide, for every product we sell.
Does Virginia require CBD products to be tested?
Yes. Retailers selling hemp products in Virginia are required to register with the state, and legitimate products should come with a Certificate of Analysis from an independent lab.
Can I travel with CBD oil within Virginia?
Yes, hemp-derived CBD that meets Virginia's THC limits is legal to carry and use anywhere in the state. For tips on traveling with CBD more broadly, see our Can I Travel with CBD? guide.
Does CBD show up on a drug test in Virginia?
Full spectrum CBD contains trace amounts of THC, which may show up on a drug test. While Broad Spectrum and CBD Isolate products are processed to remove THC, trace amounts can still exist, and tests vary in sensitivity. If you are subject to drug testing, you should exercise caution before using any hemp-derived product.
*This statement has not been evaluated by the Food and Drug Administration. This product is not intended to diagnose, treat, cure, or prevent any disease.
