Cannabis in Virginia

Possession of cannabis is now legal in Virginia.

On April 7, 2021, Virginia became the first state in the South to begin the process of legalizing adult-use cannabis.

Marijuana is now legal in Virginia for adults 21 and older to possess, consume, and grow. However, unless a doctor has signed off on a prescription, it is illegal to purchase it.

The legislation that will make possession and cultivation of marijuana legal on July 1 is almost 300 pages. But in reality, only a few sections are actually going into effect.

This is due to the fact that politicians added hundreds of pages of rules and regulations that they wanted to enact but couldn't agree on. As a result, at the end of the session, they added a "re-enactment clause" to it. It's essentially a blueprint for what the General Assembly might do next year.

Under the new law, adults are permitted to smoke marijuana inside private residences but not in public, and while in a moving vehicle it may only be carried in the passenger area in “the originally sealed manufacturer’s container.” However, both this restriction and the grow-your-own plants prerogative present a conundrum, as no part of the marijuana plant, including seeds or flowers, will be legal to buy or sell until January of 2024. Adults may “share” cannabis, but may not “gift” it in tandem with another retail item as a way to get around the rule.

Here are some highlights of the new law:

Virginians ages 21 and older may legally possess up to 1 ounce of marijuana “on [their] person or in any public place.” There are some exceptions for public school grounds.

Adults can privately share up to 1 ounce of marijuana, as long as it is given away and not sold.

Marijuana still cannot be used, consumed or shared in public.

Marijuana seeds can’t be legally bought or sold, but they can be shared.

Anyone found guilty of possessing more than 1 ounce of marijuana but not more than 1 pound will be subject to a civil penalty of not more than $25. Anyone convicted of possessing more than 1 pound can be charged with a felony.

Cannabis-related products can’t be legally bought or sold except at dispensaries that are part of the state’s medical marijuana program.

Each household can cultivate up to four cannabis plants — two mature and two immature — as long as they’re grown by adults at their primary residence, for personal use and out of public view. Plants can be grown inside or outside but must be tagged with the grower’s name and driver’s license number and must be not be accessible to anyone younger than 21.

The state law governing possession with intent to distribute remains in place. So although the new law doesn’t specifically address the amount of marijuana an adult can have at home, someone who possesses any amount of pot — at home or otherwise — with signs that they intend to distribute it can be charged.

Marijuana cannot be consumed in a vehicle, either by drivers or passengers, and it may not be transported in vehicles in unsealed or easily accessible containers. Advocates advise keeping it in a locked trunk or rear compartment.

Law enforcement officers can no longer stop or search a person or place based solely on the smell of marijuana.

It’s illegal to use gifts of marijuana as an incentive to sell other products.

It’s illegal to import or transport cannabis across the Virginia state line.