Key Takeaways
- Weed is legal for both recreational and medical use in Virginia, with a possession limit of one ounce “on your person” but no limit inside your residence.
- Medical marijuana patients can possess a 90-day supply and can buy 4 ounces within a 30-day period.
- There is still no legal market for cannabis in Virginia, so the only way to legally get it is to grow it at home or have somebody “gift” it to you.
Weed is legal in Virginia for both medical and recreational use. The law states that adults aged 21 and over can possess up to an ounce of marijuana on their person or in a public place, but it doesn’t allow for legal sales of cannabis.
You can grow, but as a non-medical patient, this and “adult sharing” (giving away weed for no compensation) is the only way to get weed legally. Medical patients can access state-licensed dispensaries.
Is Weed Legal in Virginia?
Weed is legal in Virginia, medically and recreationally. Adults over 21 can possess up to an ounce of marijuana outside of their homes, use it, and grow it, but non-medical users cannot buy it.
Is Recreational Weed Legal in Virginia?
Recreational weed is legal in Virginia, after the passage of the Cannabis Control Act in 2021.
This made it legal for adults in the state, aged 21 or over, to possess up to one ounce of marijuana on their person and use it. It also established the Cannabis Control Authority, whose job it is to create and enforce rules for the existing medical cannabis market and the prospective recreational market.
However, it’s “prospective” because right now, there is no legal market. The Cannabis Control Act sets them to start in 2024, and despite attempts, the most recent attempt to set up a commercial market was vetoed by Governor Youngkin.
This means that right now, the only ways to legally obtain cannabis are to grow it yourself or be “given” it by another adult.
It’s important to note that the law makes an exception for possession in your home, so provided this is just for personal consumption, there appears to be no legal limit in this case.
Penalties for Excess Possession
Although you’re legally allowed to possess up to 1 ounce (“on your person”) under Virginia weed laws, there are penalties if you exceed this amount.
- For amounts over 1 ounce but below 4 ounces, it’s only a civil penalty, carrying a fine of up to $25. Although there is plenty of cause for complaint about Virginia recreational marijuana laws, this is a pretty permissive rule.
- For amounts between 4 ounces and a pound, it’s a class 3 misdemeanor and is punishable by a $500 fine. Second or subsequent offenses are class 2 misdemeanors and you can get up to 6 months in jail and a fine of up to $1,000.
- For amounts over a pound, it’s considered a felony and punishments get a lot more severe. Anybody caught with this much will receive between 1 and 10 years in prison, a fine of up to $250,000 or both.
Is Medical Marijuana Legal in Virginia?
Medical marijuana is legal in Virginia.
Although the law was originally passed in 2017, this was a very limited program (just providing cannabis oil to some epilepsy patients), and it wasn’t until improvements were passed in 2020 that it became a full-fledged program.
Now, flower (called “botanical cannabis” in the law) is allowed, and you can buy it from six dispensaries in each “health service area.” As with most localities, you have to be certified by a qualified healthcare provider (MD, DO, NP, or PAs) to be allowed to use it.
Patient Possession Limits in Virginia
Virginia medical marijuana laws don’t specify a specific amount of cannabis products that are permitted, but the law does specify that you’re allowed a 90-day supply.
This varies based on your specific requirements so it’s fairly difficult to use it to find a specific quantity.
However, for cannabis flower, you are limited to four ounces within a 30-day period, which also counts towards your overall 90-day limit.
How to Get a Medical Marijuana Card in Virginia?
Although HB933 (section 1. F) removed the requirement for a physical medical marijuana card in Virginia, there are still requirements before you can legally buy medical marijuana.
However, the requirement is about as basic as it gets: current Virginia medical marijuana laws only require you to get a Written Certification for the Use of Medical Cannabis from a registered practitioner for medical cannabis.
Once you’ve obtained this certification, you can present it along with some government-issued ID to get your medical cannabis at a dispensary.
Can You Consume Weed in Public in Virginia?
Although weed is totally legal in Virginia, you can’t consume it in public.
This is the case in most legal states, with laws relegating cannabis use to private homes. If you’re caught using cannabis in public (even if you’re not smoking – the law simply says “no person shall consume…”), you’ll receive a maximum $25 fine in the first instance.
If it’s your second time, you’ll get the same fine and also have to attend a substance abuse treatment or education program, or both.
If it happens again, it’s a class 4 misdemeanor and carries a maximum $250 fine.
Can You Drive Under the Influence?
As in every legal state, it is still a crime to drive high in Virginia. There is an implied consent law in the state, so if you refuse a test then you’ll lose the right to drive for a year, and any further offenses carry bigger penalties.
For the DUI itself, the penalties are:
- For a first offense, it’s a class one misdemeanor and carries a mandatory fine of $250, and you’ll lose your license for a year. You might also have an ignition interlock fitted but that’s only really likely if you were also drinking.
- For a second offense within 5 years, the mandatory minimum fine increases to $500, you get between a month and a year in jail (with 20 days as a mandatory minimum), and you’ll lose your license for up to 3 years.
- If the second offense is between 5 and 10 years after the first, the mandatory minimum fine is $500, with at least one month in jail (10 days mandatory minimum) and up to three years of license revocation.
- For a third offense within a 10-year period, it’s considered a class 6 felony and carries a mandatory minimum prison sentence of 90 days, unless all three offenses were within 5 years, in which case the minimum is 6 months. There’s also a mandatory minimum fine of $1,000.
- For a fourth or subsequent offense within 10 years, you’ll get a mandatory minimum jail sentence of one year and a mandatory minimum fine of $1,000. You’ll also stay on probation for as long as your license is suspended, which is a maximum of three years.
Is Delta-8 THC Legal in Virginia?
Delta-8 THC isn’t legal in Virginia, practically speaking.
The state passed SB 903 in 2023, which states that no hemp product can contain more than 2 mg of THC (any THC) unless it has 25 times more CBD than THC. This means that every commercial delta-8 THC product fails to meet the definition of hemp in Virginia, and so can’t be sold as hemp.
If there were legal cannabis sales in the state, it could be sold as cannabis. However, this is not the case and so delta-8 THC is effectively banned from sale.
RELATED: Where Is Delta-8 THC Legal? A State-by-State Guide
Is Weed Decriminalized in Virginia?
Virginia’s weed laws are beyond decriminalization, since cannabis is fully legal.
However, amounts higher than 1 ounce but lower than 4 ounces are effectively decriminalized, since it’s considered a civil infraction and only carries a fine. So in a sense, weed is decriminalized in Virginia.
Is Growing Weed Legal in Virginia?
Growing weed is one of the only ways to legally get it in Virginia.
The Cannabis Control Act outlines the rules surrounding weed cultivation in Virginia, with the basic rule being that anybody aged 21 or over can cultivate up to four plants in his or her home.
However, a single household can only have four plants, so if you live with others (even if you aren’t related), four is still your limit.
The plants need to be hidden from public view (without binoculars or a helicopter or some other visual aid), and you should take some precautions to stop people under 21 from accessing them.
Each plant must have a tag with your name, driver’s license or ID number, and a note saying that the plant is being grown for personal use under the Cannabis Control Act, section § 4.1-1101.
However, you cannot buy seeds legally, and so the only way to legally obtain seeds is to be given them for free. This is basically because the state defines “marijuana” to include seeds, and sales of marijuana are not yet permitted.
The Future Outlook for Weed in Virginia – When Will Dispensaries Open?
There is a lot of frustration for cannabis users in Virginia, particularly after Governor Glenn Youngkin vetoed a bill that would have set up a retail cannabis market in the state.
Cannabis has been legal in the state for three years and yet nobody can legally buy or sell it. Frankly, this situation doesn’t look set to improve in the near future.
The original plan for this bill was to use it as a “bargaining chip” as Youngkin attempted to fund a stadium jokingly referred to as the “Glenn Dome.” The Glenn Dome didn’t end up getting funding, and Youngkin vetoed the marijuana retail sales bill.
The bill’s sponsor, Democrat Paul Krizek stated, “Governor Youngkin’s failure to act allows an already thriving illegal cannabis market to persist, fueling criminal activity and endangering our communitie. This veto squandered a vital opportunity to safeguard Virginians and will only exacerbate the proliferation of illicit products, posing greater risks to our schools and public safety.”
The bill included (page 25, lines 1466 to 1469) an 8% tax in addition to those under existing laws. The estimated size of the illicit cannabis market in 2023 in Virginia was $2.4 billion. At the 8% tax (not including other taxes), this would have generated an additional $192 million for the state.
The state didn’t get that money, because of, in Youngkin’s words, the “significant costs associated with retail marijuana that far exceed tax revenue.”
If any Virginia republicans could explain this calculation to us or how this benefits anybody apart from street-corner dealers, we’re all ears.
Conclusion
So weed is legal in Virginia, you just can’t buy it anywhere. You can grow it, but you can’t legally buy seeds. There’s no stated limit to the amount you can keep in your home, but if you have over four ounces with you outside, and get caught twice, you can end up in jail.
The medical program is fairly permissive, despite a small number of dispensaries, but other than that it’s a state stuck between two worlds. Legalization is a reality, but if you want weed now and don’t know anyone with a mature plant, you’re right back to the street corner dealer. You know, the guy that never checks IDs and has no accountability whatsoever.