Virginia’s Hemp-Derived THC Products Face a Major Shake-Up VIRGINIA 2026

Virginia’s Hemp-Derived THC Products Face a Major Shake-Up

TL;DR

• Most hemp-derived THC products sold in Virginia today will likely disappear or require reformulation. Beginning August 15, 2026, hemp products may contain no more than 2 mg of total THC per package, eliminating the previous 25:1 CBD-to-THC exception.

• Regulation is moving to the Virginia Cannabis Control Authority (CCA). Oversight of hemp products is transferring from VDACS to the CCA during July and August 2026.

• Retailers and manufacturers should begin preparing now. Review product formulations, inventory, labeling, and compliance plans well before the August deadline.

Virginia has enacted sweeping changes to its hemp laws that will significantly impact the hemp-derived THC marketplace. While the transfer of regulatory oversight to the Virginia Cannabis Control Authority is an important administrative change, the biggest news is the new statewide THC limit. Starting August 15, 2026, hemp products containing more than 2 milligrams of total THC per package can no longer be legally produced or sold as hemp products in Virginia.

For many businesses, this means that products currently on store shelves may need to be reformulated or removed from the market altogether. Consumers who use hemp-derived THC products should also expect to see fewer product options and significant changes in potency. Below is the complete notice released by the Virginia Department of Agriculture and Consumer Services outlining these regulatory changes.

COMMONWEALTH of VIRGINIA

Department of Agriculture and Consumer Services

Division of Animal & Food Industry Services

PO Box 1163, Richmond, Virginia 23218

Phone: 804/692-0601 ● Fax: 804/371-2380 ● Hearing Impaired: 800/828-1120

www.vdacs.virginia.gov

Dear Hemp Product Retailers and Manufacturers,

Please read this update thoroughly to understand changes coming to the regulation of hemp-derived products in Virginia and the enforcement of hemp product laws and regulations. Some of these changes are effective July 1, 2026, following the passage of House Bill 30 (Virginia state budget) and Senate Bill 543.

Oversight of retail sales of edible hemp products and inhalable hemp products, managed by the Office of Hemp Enforcement (OHE) at the Virginia Department of Agriculture and Consumer Services (VDACS) since 2023, will transfer to the Virginia Cannabis Control Authority (CCA). Pursuant to HB30, the CCA will have all the powers and duties previously held by VDACS in its administration of the provisions of the enforcement of regulated hemp products set forth in Article 4 (§ 3.2-4122 et seq.) of Chapter 41.1 of Title 3.2 of the Code of Virginia. The transfer of hemp enforcement staff from VDACS to the CCA will take place between July and August 2026, thus transitioning oversight of the retail sale of edible hemp products and inhalable hemp products. Guidance regarding hemp product regulations that remain in effect will be distributed and published on the VDACS and CCA websites when available.

Revocation of the 25:1 allowance and changes to THC content in hemp products

House Bill 30 eliminates the “25:1 ratio” that allowed a hemp product to exceed two milligrams of total THC (tetrahydrocannabinol) if the product contained 25 parts CBD (cannabidiol) for every one-part THC. Beginning Aug. 15, 2026, a product with more than two milligrams of total THC per package cannot be produced or sold as a hemp product in Virginia.

Registered Hemp Product Retail Facilities

Applications for Hemp Product Retail Facility registrations may be submitted to VDACS through July 17, 2026, using the online registration portal. These applications will be processed by the CCA, and applicants can expect a 7 to 8-week processing period.

More information about the new process for application and renewal will be posted on the CCA website as it becomes available. Current Hemp Product Retail Facility Registrations will remain valid until their expiration.

Manufacturers of hemp-derived food products

New legislation does not change the requirement under Article 5 of the Virginia Food and Drink Law, for manufacturers of edible hemp products intended for human consumption to obtain a food safety permit from VDACS. Questions about manufacturer permits can be directed to the VDACS Food Safety team at foodsafety@vdacs.virginia.gov.

Under newly passed legislation, inspections, enforcement, and the assessment of violations and penalties related to the packaging, labeling, and testing of edible hemp products under Article 4 of the Industrial Hemp Law will transfer to the CCA.

Retailers with unpaid civil penalties assessed by the VDACS Office of Hemp Enforcement

Civil penalties that have been assessed by the VDACS Office of Hemp Enforcement will remain subject to the state’s compliance process and transition to the CCA for resolution if not resolved through the VDACS Office of Hemp Enforcement.

Retailers may access the VDACS civil penalties payment portal until July 31, 2026. Please refer to your case decision letter for details about your case. Any questions can be directed to hempenforcement@vdacs.virginia.gov until July 31, 2026.

A follow-up email will be sent to confirm the date of closure for the VDACS Office of Hemp Enforcement. With the exception of open civil penalty cases, most inquiries should now be directed to the Virginia Cannabis Control Authority at hemp@cca.virginia.gov. You may also sign up for the CCA’s quarterly newsletter by entering your email address at the bottom of the CCA homepage.

For questions about open civil penalty cases or other questions for the VDACS Office of Hemp Enforcement, email hempenforcement@vdacs.virginia.gov through July 31, 2026.

VDACS and CCA are working cooperatively through this transition period, and the agencies remain committed to the protection of consumers in the Commonwealth.

Thank you for your attention to these changes.

Office of Hemp Enforcement, Virginia Department of Agriculture and Consumer Services