Virginia Marijuana Laws
Updated on Friday April 29, 2022
Reviewed By Stephanie Bagnall, J.D. on April 7, 2022
Virginia has passed legislation to legalize marijuana under House Bill 2312. Legalization of simple possession and home cultivation began on of July 1, 2021. However, retail sales and other provisions of the bill are slated for 2024. Virginia began sales of medical marijuana in mid-October of 2020. The state took its first steps towards a medical system when it created an affirmative defense for CBD or Low-THC preparations with two bills in 2015, Senate Bill 1235 and House Bill 1445. However, it wasn’t until Senate Bill 976, passed in the 2020 legislative session, that rules for actual sales and distribution were established.
Possession
Adults twenty-one (21) and older in the state are allowed to legally possess up to one (1) ounce of cannabis. Medical patients may possess up to a “ ninety (90) day supply” of cannabis. The state has yet to set a standardized amount for what constitutes a ninety (90) -day supply. Currently, it is determined on an individual basis based on the patient’s consultation with a recommending pharmacist.
Purchasing Limits
Though final purchasing limits for recreational cannabis are not yet established (and dispensaries are not open yet), they are likely to match the possession limit of one (1) ounce of cannabis, or its equivalent. A medical patient may not purchase more than their ninety (90)-day possession limit in a ninety (90)-day period. Purchase limits are set on an individual basis by the recommending physician.
Consumption
Recreational and Medical marijuana cannot be consumed in public in any way, and can only be consumed in a private residence or property. Consumption is legal in Virginia as of July 1, 2021.
Driving Under the Influence
Virginia’s recreational and medical marijuana laws do not change the definition of impairment. It is still possible to get a DUI if driving under the influence or while using medical marijuana. The same is expected to be true for recreational cannabis as well, once laws go into effect.
Qualifying Conditions for Medical Marijuana in Virginia
Virginia does not have a set list of qualifying medical conditions. Any physician certified with the Board of Pharmacy may recommend cannabis for any ailment they feel might benefit from it. Minors are eligible as well, but must assign a parent/caregiver in order to use the state’s medical marijuana system.
Out-of-State Reciprocity
Not only does Virginia not offer reciprocity, it might be the only state that explicitly states Virginia medical marijuana cards are not valid in other states. This means that VA cardholders might not be able to shop in other states that do allow reciprocity. It is best to check with local regulations before attempting to purchase.
Where to Get Marijuana in Virginia
Recreational dispensaries are not open yet and are slated to begin sales in 2024. However, that timeline may change in the years in between. Medical dispensaries are open as of October, 2020. Check out our dispensary listings to find a location near you!
Cultivation
Adults twenty-one (21) and older are allowed to grow up to four (4) plants. Be aware, a single household cannot grow more than four (4) plants, regardless of how many people reside in the house. Additionally, the laws state that the plants must not be able to be viewed by the public, must be secured from access by people under twenty-one (21), and must have a tag attached to the plant that displays your name, driver's license or ID number, and a notation that the marijuana is being grown for personal use as authorized by law. All medical cannabis must be obtained from a licensed dispensary.
Delivery
Rules regarding marijuana delivery are yet to be established. Retail sales are slated to begin in 2024.
*Legal Disclaimer: This article is not meant to serve as legal advice and is for informational purposes only. Laws and regulations are always changing. Therefore, if you have any legal questions regarding Virginia's medical marijuana laws you must consult with a licensed Virginia attorney.
Expert Reviewer
Stephanie Bagnall is a legal research and writing expert who supports nonprofits, law firms and other organizations in a wide variety of industries all over the country. She is also a passionate advocate for civil rights and people with disabilities.