General Information
* The terms “marijuana” and “cannabis” are used interchangeably. Unless otherwise noted, on this website the term “marijuana” means marijuana in any form and stage of growth and includes all products made with marijuana. Below, you will find answers to frequently asked questions about legalization in Virginia.
Legal
- Adults 21 years and older may possess not more than one ounce of cannabis on his person or in any public place.
- Generally, adults 21 years and older may use marijuana in private residences. However, nothing prohibits the owner of a private residence from restricting the use of marijuana on its premises.
- Adults 21 and over may grow up to four plants per household (not per person), according to specified requirements (see “Home Cultivation” below).
- “Adult sharing” or transferring one ounce or less of marijuana between persons who are 21 years or older without remuneration is legal. "Adult sharing" does not include instances in which
- marijuana is given away contemporaneously with another reciprocal transaction between the same parties;
- a gift of marijuana is offered or advertised in conjunction with an offer for the sale of goods or services; or
- a gift of marijuana is contingent upon a separate reciprocal transaction for goods or services.
Illegal
- With the exception of possession by a person in his residence or possession by a licensee in the course of his duties related to such licensee's marijuana establishment, any person who possesses on his person or in any public place
- more than four ounces but not more than one pound of marijuana or an equivalent amount of marijuana product as determined by regulation promulgated by the Board is guilty of a Class 3 misdemeanor and, for a second or subsequent offense, a Class 2 misdemeanor and
- more than one pound of marijuana or an equivalent amount of marijuana product as determined by regulation promulgated by the Board is guilty of a felony punishable by a term of imprisonment of not less than one year nor more than 10 years and a fine of not more than $250,000, or both.
- It remains illegal for anyone under the age of 21 to consume, purchase, or possess marijuana, or to attempt to consume, purchase or possess any amount of marijuana.
- It remains illegal to distribute or sell marijuana, and/or to possess any amount of marijuana with the intent to distribute or sell it. This prohibition applies equally to businesses, which will not be permitted to sell, “gift,” or in any other way distribute marijuana.
- Existing safety measures remain in place, including prohibiting use of marijuana while driving a motor vehicle or while being a passenger in a motor vehicle being driven; possessing marijuana on school grounds, while operating a school bus, in a motor vehicle transporting passengers for hire, or in a commercial vehicle.
- It remains illegal to consume marijuana or offer marijuana to another person in any public place.
Virginia’s adult-use legalization law created a Cannabis Public Health Advisory Council to advise the CCA on all health-related matters. The CCA, in collaboration with the Cannabis Public Health Advisory Council and interagency partners, is working on several public health initiatives including guidance on: (i) responsible adult consumption of cannabis; (ii) the health risks and dangers associated with cannabis consumption, including information on how cannabis consumption impairs a person’s ability to operate a motor vehicle; and (iii) how cannabis consumption could have an adverse impact on ancillary matters such as causing a person to be ineligible for certain employment opportunities.
The CCA is leading an initiative to develop and implement a health, safety, and safe driving campaign in collaboration with interagency partners. It also will be developing guidance to ensure compliant home cultivation of marijuana plants that protects minors and discourages the creation of a public nuisance.
History of Cannabis Regulation in Virginia
1979
- The Virginia General Assembly eliminated prosecution for possession of marijuana if a written prescription was provided by a doctor for the treatment of cancer or glaucoma.
- The law, however, did not create a legal process for patients to obtain medical marijuana.
2002
- A federal circuit court ruled that doctor “recommendations” are protected by the First Amendment as a form of speech.
2015
- The Virginia General Assembly authorized possession of marijuana based on a doctor’s recommendation and prohibited prosecution of patients and parents or legal guardians of patients with epilepsy who possessed cannabidiol (CBD), provided they could show a doctor’s certificate for treatment.
- Neither the 1979 nor the 2015 laws legalized possession of marijuana products aside from CBD and tetrahydrocannabinol (THC) oils.
2018
- The Virginia General Assembly broadened the authorization of medical marijuana use for any medical condition.
- The law also authorized the Virginia Board of Pharmacy to license pharmaceutical processors and established procedures for the distribution of medical marijuana.
- The Board of Pharmacy issued one pharmaceutical processor permit in each of the Commonwealth of Virginia’s five health regions
- Patients were required to obtain a registered physician’s recommendation and register with the Virginia Board of Pharmacy at a rate of $50 per year.
2019
- The Virginia General Assembly passed three laws clarifying the right to use CBD and THC oils.
- Physician assistants and nurse practitioners were authorized to register with the Virginia Board of Pharmacy to write certifications for medical marijuana patients.
- The Virginia General Assembly expanded the right to sell marijuana in edibles and other packaged forms, excluding marijuana flower.
2020
- Legislators increased access to medical marijuana in 2020 by eliminating the requirement for pharmacists to be on-site for the cultivation of plants, allowing the five authorized processors to establish five additional off-site cannabis dispensary facilities within their designated health service area.
- The Virginia General Assembly changed the law regarding non-medical use of marijuana for the first time by decriminalizing marijuana use.
2021
- The Virginia General Assembly legalized possession of up to one ounce of marijuana.
- The Virginia Cannabis Control Authority (CCA) was created.
- The Virginia General Assembly enacted legislation allowing Virginians to grow up to four marijuana plants per household after July 1, 2021.
2022
- The Virginia General Assembly did not reenact the legislative framework for a retail market.
- In response to delays with medical marijuana patient registration applications, the Virginia General Assembly eliminated the requirement for patients who had been certified by a registered practitioner to register with the Virginia Board of Pharmacy.
- Dispensaries were allowed to sell medical marijuana to patients once patients had a written certification.
Medical Cannabis
To obtain cannabis for medical purposes, a patient must have both (a) an unexpired written certification issued from a board-registered practitioner and (b) a current active patient registration issued by the Board of Pharmacy. As of July 1, 2022, patients are no longer required to have an active patient registration issued by the Board of Pharmacy. However, if you wish to obtain a physical medical cannabis card, you will need to complete an application with the Virginia Board of Pharmacy. You can find more information by visiting the Department of Health Professions: Board of Pharmacy’s website.
The Code of Virginia allows for five pharmaceutical processor permits, one in each health service area established by the Department of Health to cultivate, process, and dispense medical cannabis to registered patients. Currently, four of the health service areas have a permitted pharmaceutical processor and applications for the fifth permit were accepted through a Request for Application process from September 25, 2020 to December 4, 2020. No additional applications are being accepted. You can find more information about Virginia’s medical cannabis pharmaceutical processor program by visiting Department of Health Professions: Board of Pharmacy.
Adult-Use Cannabis Commercial Sales
No. The General Assembly did not reenact the legislative framework for creating an adult-use retail market. It is possible the General Assembly may address this issue in future sessions.
Home Cultivation
Note that throughout the “Home Cultivation” section, “marijuana” refers only to the marijuana plant and not to products made with marijuana.
- "Home Cultivation” became legal on July 1, 2021. Adults 21 and over may now grow up to four marijuana plants per household (not per person), for personal use. Plants can be grown only at your main place of residence.
- Someone who grows plants must:
- ensure that no plant is visible from a public way;
- take precautions to prevent unauthorized access by persons younger than 21 years of age; and
- attach to each plant a legible tag that includes
- the person's name,
- driver's license or ID number, and
- a notation that the marijuana plant is being grown for personal use as authorized by law.
- No. Individuals who sell marijuana, or who possess with the intent to sell it, are subject to misdemeanor or felony charges, depending on the amount of marijuana involved.
- On July 1, 2021, “adult sharing,” or transferring one ounce or less of marijuana between persons who are 21 years or older without remuneration, became legal.
- "Adult sharing" does not include instances in which:
- marijuana is given away contemporaneously with another reciprocal transaction between the same parties;
- a gift of marijuana is offered or advertised in conjunction with an offer for the sale of goods or services; or
- a gift of marijuana is contingent upon a separate reciprocal transaction for goods or services.