Marijuana in Virginia
As of July 1, people 21 and older in Virginia are now allowed to have up to an ounce of marijuana on them and grow up to four cannabis plants in their homes, but those hoping to go into a dispensary to pick some up will have to wait until 2024.
It'll be a few years before Virginians can walk into a dispensary and legally buy marijuana for recreational use. As it stands, that day won't come until January 1, 2024. Until then, the Virginia legislature opted for a quick change in the laws regarding possession and plant cultivation. There is still no legal point of sale for weed in Virginia.
Who can possess and smoke marijuana recreationally, and where?
Virginians over the age of 21 can legally possess up to an ounce of marijuana, and can use it in the privacy of their home. Our sources told us to think of the new weed allowances as similar to alcohol; public intoxication is illegal, and therefore so is smoking weed in public.
Adults caught with more than an ounce on them in a public place will face a $25 civil penalty. Those with more than a pound of marijuana in their possession can be convicted of a felony that comes with at least a year in prison and up to a 10-year sentence and a $250,000 fine.
Anyone under 21 caught with marijuana could face up to a $25 fine and be ordered to enter a substance abuse treatment or education program.
There is nuance and some ambiguous details within the legalization legislation that has driven efforts to inform Virginians of the impending changes. While some possession is legal, there are still key pieces of information Virginians need to know.
The rules for growing your own marijuana
Virginia residents ages 21 and over can also start growing marijuana plants in their homes in July. The new law sets a limit of four plants per household, not for each person living in a home, and requires people to only grow in their main place of residence. A homeowner or landlord can prohibit renters from growing.
A $250 civil penalty will be imposed on residents with more than four plants but not more than 10. Virginians will be charged with a Class 3 misdemeanor for a second offense and a Class 2 misdemeanor for a third and any subsequent offense.
Those with more than 10 marijuana plants in their home but no more than 49 will face a Class 1 misdemeanor and a Class 6 felony for having 50 to 100. Cultivating over 100 marijuana plants in a home could result in a felony that comes with a year to 10 years in prison and a $250,000 penalty.
Marijuana plants can’t be visible in public and growers will have to attach a legible tag with their name, driver’s license or identification number and a note indicating the plant is being cultivated for personal use. Growers must also make efforts to keep their plants out of the range of those who are under 21.
Despite home-grown marijuana getting the green light, it will still be illegal to buy seeds, clones, flower or any part of a plant until retail sales begin in January 2024. Homeowners will also not be permitted to make marijuana concentrate.
Horizons
The Virginia legislature wants dispensary doors to open on January 1, 2024, with businesses starting the application process in 2023. Between now and then, the commonwealth is setting up an early regulatory board, similar to ABC for alcohol, which will be the authority on legal marijuana sales and licensing.
