Virginia Cannabis Laws and Regulations
One of the earliest settlements in the New World, the Commonwealth of Virginia is distinguished as the first English colony in the U.S., as seen in the state's nickname of "the Old Dominion." More than 1/3rd of Virginians live along the bustling Southeastern seaboard near Washington, D.C. and Maryland. The most populated city in Virginia is Virginia Beach, where you can visit dozens of art installations, restaurants, and shops on the Virginia Beach Boardwalk.
Virginia was the first state in the South to legalize adult-use cannabis in April of 2021. First announced in January 2021, the House and Senate quickly passed HB 2312 and SB 1406 in February 2021. Shortly after, on April 7th, 2021, Virginia’s governor, Ralph Northam, signed the bills into law. These bills prioritized cannabis social equity and public health and safety. They laid out a three-year path to legalizing the recreational sale of cannabis and creating a regulatory framework in Virginia.
Changes to the legalization of cannabis possession became effective July 1st, 2021. At the same time, the Cannabis Control Authority (CCA) was created to establish a regulatory framework for the recreational sale of cannabis. A Health Advisory Council will advise the Cannabis Control Authority to complete regulations, issue business licenses, and implement a social equity program.
As of January 2024, recreational sales of cannabis to adults 21 and over have not begun, and no regulations are in place to indicate when they might start. (Source: Cannabis in Virginia | Cannabis.Virginia.gov)
Is Weed Legal in Virginia?
Yes, cannabis is legal in Virginia. Adults 21 and over may possess up to one ounce in public and cultivate up to four plants per household for personal use. However, retail sales for recreational use remain illegal. Likewise, unauthorized distribution or possession beyond legal limits can result in penalties.
Weed Legalization in Virginia
Virginia started to allow for the use of medical cannabis for cancer and glaucoma in 1979 and initially had more relaxed laws around cultivation for personal use. In fact, in 1619 (long before the negative connotations of marijuana), legislation was passed requiring all farmers to grow hemp. In fact, in the 1800s Virginia had 12,000 acres cultivated in hemp, more than a quarter of the 45,000 acres they had for tobacco.
Medical marijuana sales were initially legalized in 2015 under HB 1445 and SB 1235, which allowed for CBD and THCA whole-plant “botanical” cannabis oil, such as full-spectrum cannabis oil (FECO), for epilepsy. These products are to be produced by state-licensed pharmaceutical processors only. Today, there are only five approved processors for medical cannabis in Virginia.
In 2019 SB 1557 changed the rules to allow up to 10mg of THC in products for medical marijuana patients. The legislature updated the regulations again, passing HB 2218 and SB 1333 in July of 2021 to allow the sale of flower to Virginia medical cannabis patients.
In April 2020, HB 972 decriminalized possession of cannabis, providing a civil penalty of no more than $25. Virginia passed full cannabis legalization with HB 2312 and SB1406. The bills allowed for the establishment of an adult-use cannabis sales program and the cultivation of up to four plants per household (not per person), legalized cannabis possession of up to 1 ounce in public (up to 4 ounces in an individual’s residence) and provided for the automatic expungement of certain cannabis-related crimes.
As of 2024, the consumption of cannabis is legal for medicinal and adult use in the state of Virginia. Adult-use sales have not yet begun, and the state has yet to establish a regulatory framework for it.
Buying Legal Cannabis in Virginia
While the possession and use of cannabis are legal for adults 21 and over, adult-use cannabis sales have yet to begin in the state of Virginia as of January 2024.
Verified medical marijuana patients can purchase from state-licensed dispensaries. To obtain a medical marijuana card in Virginia, an individual must get a physician's recommendation and register with the state board of pharmacy. After this, there are five approved medical marijuana dispensaries where patients can purchase products.
Health Service Area I
Vacant
Health Service Area II
Dalitso, LLC d/b/a BEYOND / HELLO
www.beyond-hello.com/virginia-dispensaries/
703-420-4021
Pickup and delivery offered
Health Service Area III
RISE Cannabis Dispensing Facility
www.risecannabis.com/dispensaries/virginia
540-380-0420
Health Service Area IV
Green Leaf Medical of Virginia, Inc.
https://gleaf.com/virginia-information/
804-554-0080
Pickup and delivery (from Richmond) offered
Cannabist - Carytown, VA
www.gocannabist.com/location/carytown
804-613-6121
Pickup offered
Health Service Area V
Cannabist
https://gocannabist.com/locations
Pickup offered
Find your nearest Virginia medical cannabis dispensary.
The state will levy a 21% excise tax on all recreational marijuana sales when they begin, including paraphernalia sold at retail marijuana establishments. Local counties and cities are permitted to enact a tax of their own of up to 3% for cannabis sales. In addition, the state has a basic sales tax of 5.3%, which will also be due upon purchase, totaling around 30% in taxes on cannabis products. Medical cannabis patients are exempt from paying taxes on medical marijuana, saving potentially hundreds of dollars every month and quickly offsetting the cost of the required evaluation.
When Virginia begins the sale of adult-use cannabis products, once administrative costs have been allocated, the tax collected will be distributed as follows:
- 40% to pre-k programs for at-risk three and four-year-olds
- 30% to the Cannabis Equity Reinvestment Fund
- 25% to substance use disorder, prevention, and treatment programs
- 5% to public health programs.
Is Cannabis Delivery Available in Virginia?
YES, the delivery of cannabis is available for medicinal purposes in the state of Virginia.
Where Can You Legally Use Weed in Virginia?
Cannabis can be legally used in the following areas in Virginia:
🗹 Private properties such as residences
Cannabis CANNOT be consumed in:
X Public spaces
X Motorized vehicles in motion, for both driver and passengers
What are the Restrictions on Cannabis Possession in Virginia?
Adults aged 21 and above may possess up to:
- Cannabis: 1 ounce / 28 grams
For transfer to another adult:
- Cannabis: 1 ounces / 28 grams
"Adult sharing" does not include:
- Marijuana that is given away concurrently with another reciprocal transaction between the same parties.
- A gift of marijuana that is offered or advertised in conjunction with an offer for the sale of goods or services.
- A gift of marijuana that is contingent upon a separate reciprocal transaction for goods or services.
For the state’s home cultivation program:
- Maximum # of plants: 4 per household
Plants must not be visible to the public or accessible to individuals under age 21. Individuals must label each plant with a tag listing name, driver’s license or ID number, and a statement saying the plant is being grown for personal use as permitted under the law. Individuals are prohibited from manufacturing marijuana concentrates without a license and selling their homegrown cannabis flower.
For medicinal use:
- Cannabis flower: 4 ounces / 113.4 grams
Virginia medical marijuana patients are subject to a 90-day supply, as determined by their consulting pharmacist, and they can receive up to 4 ounces of cannabis flower per 30 days.
During vehicular transportation:
- Cannabis must be in a closed container and stored in the trunk of the vehicle unless it is in its originally sealed manufacturer’s container.
While personal possession and cultivation are permitted, Virginia law prohibits public consumption, driving under the influence, and unauthorized distribution of cannabis. Possession of more than one ounce but less than four ounces in public is subject to a $25 civil fine. Possession of larger amounts can lead to misdemeanor or felony charges.
Have Questions About Getting a Med Card in Virginia?
Virginia's cannabis laws continue to evolve. While personal use and cultivation are legal, the lack of a regulated retail market means consumers must work harder to remain compliant.
Stay informed about current regulations and potential legislative changes through agencies like the Cannabis Control Authority (CCA) of Virginia. And learn more about medical cannabis in Virginia with our extensive set of patient resources:
