New Virginia Hemp Regulations Take Effect

Virginia’s new 2-milligram total THC limit for consumable hemp products took effect on August 15, 2026, after a federal judge declined to temporarily block the rule.

Under the new requirement, hemp extracts offered for retail sale in Virginia may contain no more than 0.3% total THC and no more than 2 milligrams of total THC per package. The change eliminates the state’s previous 25-to-1 CBD-to-THC exception, which allowed products above the 2-milligram threshold when they contained at least 25 times as much CBD as total THC.

The restriction was included in House Bill 30, the state budget legislation signed by Gov. Abigail Spanberger on June 29. Seven hemp businesses challenged the change in federal court on July 31 and sought a temporary restraining order and preliminary injunction before the August 15 effective date.

U.S. District Judge Robert S. Ballou denied those requests on August 14. As a result, products that had previously qualified under Virginia’s CBD-to-THC ratio exception could no longer be sold under that provision once the new limit became effective. Products exceeding the new limit are now treated differently under Virginia law.

In his decision, Ballou pointed to the rapidly changing regulatory environment surrounding hemp-derived THC products.

“Federal and state governments have repeatedly altered the legal status and regulatory treatment of hemp-derived THC products.”

The judge also concluded that the businesses had not met the requirements necessary for the court to stop the law from taking effect. He acknowledged that the companies could face substantial losses involving inventory and sales but determined that the evidence offered did not justify temporary court intervention.

Virginia began tightening its rules for consumable hemp products in 2023. Companies could sell such products only after receiving state authorization, while the products had to stay within a 0.3% THC limit. Packages containing more than 2 mg of THC were not allowed.

The 2026 legislation removes that exception entirely. Virginia is also preparing for another regulatory shift: oversight of the state’s consumable hemp market is scheduled to move from the Virginia Department of Agriculture and Consumer Services to the Virginia Cannabis Control Authority on July 1, 2027.

Another change arrives on November 12. Federal law will then apply a stricter total THC limit to certain hemp-derived products, setting a lower limit than Virginia’s new 2 mg cap.