Virginia Marijuana Laws

It's an understatement to say the current Virginia marijuana laws are confusing. Adults over 21 can have up to an ounce of marijuana but have no legal way to buy cannabis in Virginia. Democrats and Republicans in the House and Senate of the Virginia General Assembly worked together to forge House Bill 698 (HB 698). This gave a framework for adult-use recreational marijuana retail sales, but Gov. Glenn Youngkin vetoed the bill in March 2024.

What does this mean for marijuana users in Virginia? In this article, we'll explain the mess of Virginia's cannabis laws. We'll examine the differences between medical marijuana and recreational use. And we'll make sure you're aware of the penalties associated with cannabis offenses in the state of Virginia.

What You Need To Know About Virginia Marijuana Laws

Before we dig into Virginia law, understand that not everywhere in Virginia is under state rule. Locations such as national parks, military bases, and federal courtrooms are federal lands. As of January 2025, marijuana still carries a Schedule I classification in the Controlled Substances Act (CSA).

This means that on federal land, possession of marijuana or THC-infused products is likely illegal. As a result, you risk detention or arrest under federal law. Change seems imminent as the Department of Justice under the President Joe Biden administration published its intent to consider moving marijuana to Schedule III, but nothing has happened yet.

As of Jan. 1, 2024, the Virginia Cannabis Control Authority (CCA) oversees marijuana programs and businesses in the state. They operate the medical marijuana program and will be in charge of the adult-use system when it gains the legislation required to begin retail sales. The CCA maintains a database showing the legal medical dispensaries in the Commonwealth of Virginia.

Even when in Virginia, it's illegal to use marijuana in public places. The first time someone uses marijuana in public is a civil penalty of up to $25. If there's a second offense, the defendant may have to attend drug rehabilitation or education programs. Any violation after the second is a class 4 misdemeanor.

Virginia does not have protections to shield employees from employer drug testing. Under state law, businesses that maintain drug-free worksites are entitled to a break on their insurance.

Operating a motor vehicle under the influence of cannabis is a serious offense and carries the same penalties as drunken driving DUI. As all drivers on Virginia roads are considered to have given implied consent, there are penalties for refusing to take a sobriety test. The first refusal suspends a driver's license for a year.

When Senate Bill 1406 (SB 1406) was signed into law in 2021, it made the offenses behind certain minor marijuana convictions no longer illegal. Senate Bill 742 (SB 742) passed in 2022 to offer expungement for those eligible to have the convictions erased from criminal records. If your charge wasn't expunged automatically, you can petition the court.

Under SB 1406, also known as the Cannabis Control Act, all adults who are 21 and over can possess up to 1 ounce/28.4 grams of marijuana. They can also cultivate and process up to four marijuana plants at their homes. The marijuana gained through home cultivation does not count against the possession limit.

With the basics of Virginia marijuana law in your grasp, let's look at the two different types of cannabis available in the commonwealth: medical marijuana and adult-use recreational.

Virginia Adult-Use Recreational Marijuana Laws

Given the unsettled conditions surrounding recreational cannabis in Virginia, it's difficult to know how things will end up. Democrat Gov. Ralph Northam signed the law that legalized adult-use marijuana in 2021, but Republican Youngkin replaced him in 2022. Youngkin seems determined to thwart Virginians from having a legal outlet through which to purchase cannabis.

In Virginia, adults over 21 can have up to 1 ounce/28.4 grams of cannabis, but medical marijuana dispensaries are not allowed to sell to anyone who isn't a medical marijuana patient. Adult users can cultivate and process up to four cannabis plants in their homes, but there's no legal place for them to buy the plants. Adult sharing of up to an ounce of marijuana is legal as long as there's no payment.

Possession on one's person or in public of over 4 ounces but less than 1 pound of marijuana is a class 3 misdemeanor which carries the possibility of a fine of up to $500. On a second offense, the penalties increase, including up to 6 months in jail and a fine of up to $1,000.

In light of Youngkin's statements about "public safety," it's uncertain when purchases for recreational use of marijuana will happen.

Virginia Medical Marijuana Laws

Some 38 states and the District of Columbia have medical marijuana programs in the U.S. today. Virginia lawmakers legalized marijuana for medical use back in 1979, but it wasn't until 2018 that the medical cannabis program got going. It's a much less formal system than those of other states with medical marijuana programs. While it is possible to register and get a medical marijuana card through the CCA, it's not a requirement that you do so in Virginia.

Whether you want a card or not, the first step is meeting with a certified Virginia health care professional. You don't need to have a specific qualifying condition to be eligible for medical marijuana. It's up to the physician. If approved, they'll give you either a written certification or a digital certification. You can use it to register with the CCA or for purchases at medical dispensaries.

When buying at a medical dispensary in Virginia, you will need a state-issued photo ID and your medical marijuana card or your physician certification. The health care practitioner will set your amount as a 90-day supply. Medical patients are capped at 4 ounces/113.4 grams of cannabis or cannabis products like edibles every 30 days.

Medical marijuana patients can cultivate and process up to four plants at their homes. The product harvested does not count against their possession limit.

Virginia Marijuana Law Penalties

Virginians found a way to legalize cannabis, but there are still plenty of ways to run afoul of law enforcement when it comes to cannabis. The table below adds a detailed summary of Virginia cannabis law penalties.

Note: State laws are subject to change through the passage of new legislation, rulings in the higher courts that include federal decisions, ballot initiatives, and other means. While we strive to provide the most current information available, please consult a Virginia criminal defense attorney or conduct independent legal research to verify any Virginia state laws you are reviewing.

Cannabidiol (CBD) in Virginia

In 2018, the U.S. Farm Bill removed industrial hemp, a key source of CBD oil, from the schedule of controlled substances as long as its level of THC (tetrahydrocannabinol) was below 0.3%. Reports on CBD indicate that it can have a positive health effect for those suffering from epilepsy, chronic pain, anxiety, and other ailments.

For some time, Virginia law allowed those diagnosed with epilepsy to legally access CBD oil that was under 0.3% THC as long as the CBD was derived from hemp and not marijuana. Under a new law that took effect July 1, 2023, Virginia has sought to better regulate the industrial hemp market, including the sale of CBD and hemp products. The new law has amendments to the Virginia Industrial Hemp Law and the Virginia Food and Drink Law. It includes the following provisions:

• Retailers of hemp products must register with the state to sell consumable hemp products
• A cap of 2 milligrams per package and total THC at 0.3% will apply to hemp products but can be exceeded if the product meets a 25:1 CBD to THC ratio
• A ban on the sale of hemp products containing a synthetic derivative of marijuana
• Regulations for packaging, labeling, and testing for food containing hemp
• A requirement that all edible hemp products containing THC be in child-resistant packaging

Virginia Marijuana Laws: Related Resources

• Virginia Criminal Laws
• Virginia Criminal Statute of Limitations Laws
• Marijuana Legalization and Decriminalization Overview
• Cannabis Law Section
• Medical Marijuana Overview

Charged With Violating Virginia Marijuana Laws? Speak To an Attorney

Marijuana is legal in Virginia, but for recreational users, there is no in-state location to legally buy it. Although neighboring Maryland and Washington, D.C., have also legalized marijuana use, their laws may differ in significant ways.

Confusion like this can put marijuana users at risk of serious criminal charges that can alter their lives. If you or someone you love has been charged with a marijuana-related crime in Virginia, consider speaking to an experienced drug crime attorney. They can analyze your case, explain your options, and offer legal advice for what to do next.