Virginia’s New THC Sales Restrictions: What Changed on August 15, 2026?
Updated September 30, 2026
If a THC product was legally sold in Virginia earlier this year, can a store still sell it today? Following changes that took effect on August 15, 2026, the answer may be no.
Virginia eliminated an exception that allowed certain hemp products to contain more than two milligrams of total THC per package. The change affects businesses selling hemp-derived products and consumers trying to understand which products remain lawful.
What changed?
Previously, Virginia allowed certain hemp products to exceed two milligrams of total THC per package if they contained at least 25 times as much CBD as THC. These products still had to meet the separate 0.3 percent total THC concentration limit.
Effective August 15, 2026, the 25:1 exception was removed. Under Virginia Code § 3.2-5145.4, industrial hemp extracts offered for retail sale must meet both limits:
- No more than 0.3 percent total THC; and
- No more than two milligrams of total THC per package.
Adding more CBD no longer permits a product to exceed the two-milligram package limit.
Two milligrams per package—not per serving
The package limit is an important detail.
For example, a bag containing ten gummies with one milligram of THC in each gummy contains ten milligrams of THC altogether. Although each gummy contains less than two milligrams, the package exceeds the limit.
Similarly, a product containing five milligrams of THC and 125 milligrams of CBD cannot qualify under the former 25:1 exception. Meeting the old ratio does not satisfy the current law.
A product also must satisfy other applicable requirements. THC content alone does not establish that a product may lawfully be sold.
Can stores sell their remaining inventory?
The Virginia Cannabis Control Authority states that the enacted law provides no sell-through or grace period for inventory.
That means a retailer cannot continue selling a noncompliant product simply because the business purchased it before August 15 or previously sold it lawfully.
The CCA now oversees retail sales of edible and inhalable hemp products. Existing hemp retail facility registrations remain valid until they expire, but a registration does not authorize the sale of products exceeding the new limits.
What penalties can retailers face?
Under Virginia Code § 3.2-4126, specified hemp retail violations can result in civil penalties of up to $10,000 for each day a violation occurs. Registration denial, suspension, or revocation may also be available.
The statute expressly provides that civil penalties may apply in addition to other penalties. A product exceeding the hemp limits may be classified as marijuana, making the distinction between a hemp compliance violation and an unlawful marijuana sale particularly important.
The consequences depend on the product, the alleged conduct, and the law under which enforcement proceeds.
Can vape-shop clerks face criminal charges?
Yes. At Goff Voltin, we are seeing vape-shop clerks charged under Virginia Code § 18.2-248.1 for selling previously lawful hemp-derived THC products containing more than two milligrams of total THC per package. That statute prohibits unauthorized sale or distribution of marijuana and provides for misdemeanor or felony penalties depending on the amount involved.
These cases illustrate that the consequences can reach individual employees who make sales, not just store owners. A clerk may be selling the same product the store carried before August 15 without realizing that the law has changed.
Not knowing about the change in the law is generally not a defense. A worker’s belief that a product remains legal because it was previously sold lawfully does not, by itself, excuse a sale after the new restrictions took effect.
That does not relieve the Commonwealth of its obligation to prove every element of the charged offense beyond a reasonable doubt, including the required knowledge. Ignorance of the legal change is different from a factual dispute about what the employee knew about the product. The product’s actual contents, testing, and evidence concerning the employee’s knowledge still require careful review.
Does this make possession of every higher-THC product a crime?
No. Rules governing retail sales and rules governing personal possession address different conduct.
Virginia Code § 4.1-1100 currently permits adults age 21 or older to possess up to two ounces of marijuana on their person or in a public place, or an equivalent amount of marijuana product as determined by regulation, subject to statutory exceptions.
That does not authorize a business to sell marijuana. Conversely, a product’s failure to meet the hemp retail limit does not, by itself, establish that an adult’s possession is criminal.
For edibles and concentrates, the amount of marijuana product equivalent to the statutory possession limit matters. Consumers should not assume that the weight of a gummy package supplies the answer.
Did a lawsuit stop the change?
On August 14, 2026, a federal judge denied requests for a temporary restraining order and preliminary injunction in Northern Virginia Hemp & Agriculture, LLC v. Spanberger, No. 7:26-cv-00615 (W.D. Va.).
That decision allowed the August 15 restrictions to take effect. It addressed requests for preliminary relief, rather than a final resolution of every claim. The CCA’s current guidance continues to identify the two-milligram package limit as applicable.
When will recreational marijuana retail sales begin?
The CCA announced that Virginia’s regulated adult-use marijuana retail market is scheduled to begin July 1, 2027.
That future market does not give existing hemp retailers immediate permission to sell higher-THC products. Medical cannabis operates under a separate statutory framework.
Facing a THC-related charge or enforcement action?
In a THC-related case, the product’s contents, laboratory testing, date of the alleged conduct, and distinction between possession and sale can all matter.
Goff Voltin, PLLC represents people facing criminal charges in Newport News, Williamsburg, and surrounding communities. If you are facing a marijuana-related charge, contact our office at (757) 369-2415 to discuss your case.
This article provides general information about Virginia law as of the date above and is not legal advice for a particular case.
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