If you are wondering if Delta8 THC is legal in Virginia, the short answer is yes. As a matter of fact, Delta8 THC is perfectly legal as long as it is properly prescribed by a licensed pharmacist. As with most other legal laws, particularly federal law, Virginia specifically legalize all derivatives, chemicals, and isols of cannabis, including all tetrahydrocanthcocetane (THC), other than delta9-tetrahydrocannabis (THC). Consequently, Delta8 THC is considered legal under Virginia law even if the smoker uses the drug “for medicinal purposes.” However, the only exception to this rule is when smoking marijuana is considered an “imperative” as in Article 32A of the Code of Virginia, which describes the types of circumstances in which smoking is against the statute.
In contrast, under federal law, any “drug or substance defined in Schedule II or Schedule III of the Controlled Substances Act or any imitation of a drug or substance that is used for the treatment of a debilitating condition” is illegal. Therefore, in order to obtain a prescription for pharmaceutical grade delta-8 thc or another form of cannabis oil, a licensed pharmacist must list the plant material as a controlled substance. On this list, marijuana is not listed because it is not a “curable” illness, whereas other drugs that are regulated by the federal government, including many pharmaceuticals and synthetic recreational drugs, are listed on the Federal Controlled Substances List.
Nevertheless, despite the fact that the Controlled Substances Act and the Virginia State Code explicitly prohibit the possession and distribution of marijuana, there is no guarantee that the distribution of delta-9-tetrahydroc cannabis would also be banned in Virginia. Although the Virginia State Code does not specifically define “medical use”, it is assumed that any use of the drug for therapeutic purposes is within the meaning of the Medical Use of Marijuana Law. Consequently, it may be argued that persons who grow their own marijuana could be charged with drug trafficking even if they did not grow the cannabis. The fact that the defendant obtained a valid written prescription from a Virginia physician for the consumption of delta-9 THC legal in Virginia does not eliminate the issue of constitutionality. The fact that the defendant obtained the medical recommendation for the treatment of his or her debilitating disease does not eliminate the issue of intent to use the medicine for therapeutic purposes.
Is Delta-8 THC Legal In Virginia?
The issue is presented to a jury by the Commonwealth of Virginia. If the jury concludes that the defendant intended to use the medical card to acquire marijuana, then that charge will be sustained. If the jury concludes that the defendant did not have an actual intention to use the medical card to acquire delta-8 thc products, but rather that he or she just obtained the information from the Internet and ingested the substance without a medical card, then the charge will be dismissed. Circumstances leading up to the purchase of the medical card are irrelevant in these cases.
It is the position of the defendant that even if the medical card was obtained for the purpose of purchasing delta-9-THC products that the act of cultivation of the plants was not for personal use but for the purpose of selling the drugs illegally. Virginia does not recognize a defense that the defendant obtained a valid prescription to purchase medical marijuana but for some reason did not consume the medicine. In order to make this argument work in Virginia, the defendant must show that he or she did not know that the medicine was illegal when he obtained the medical card. The prosecution’s burden of proof is much higher when the defendant does not know that the substance is not legal. That is why, unless you are a doctor, it is better to stay away from medical marijuana completely.
If you have questions about whether or not the consumption of cannabis is illegal in Virginia, then you should contact a criminal defense lawyer who has experience with the defense of people charged with DUI and other crimes related to drugs. With that said, there is no doubt that many states across the country have made it illegal to use, distribute, or possess with intent to distribute delta-9-THC products such as the cannabis in Virginia. Despite this fact, many people still choose to consume the herbal cannabis and, if they are caught doing so, can spend years in prison.