On July 1, 2021 Virginia became the first state in the South where adults aged 21 plus can legally enjoy recreational cannabis.

In this short guide we will unpack Governor Ralph Northam’s new legislation and learn about the history of weed in the Old Dominion state.


Current cannabis laws in Virginia

• Adults aged 21 and over may possess up to 1 oz of cannabis (flower, extract, edibles, etc.)
• Each household may grow up to 4 cannabis plants
• Adult sharing of up to 1 oz is allowed when there is no concurrent commercial transaction (e.g. the well-known DC type gifting program is not legal)
• Individuals may not operate a vehicle while under the influence of cannabis

Cannabis History in Virginia
In 1979, seventeen years before California passed Proposition 215 to legalize medical cannabis, Virginia became one of the first states to pass a medical cannabis law. The law, originally passed so that physicians could prescribe cannabis for glaucoma or the side effects of chemotherapy, was by all accounts non-functional due to the federal status of cannabis as a Schedule I substance. Schedule I substances are believed to have no medical value.

That’s not to say that cannabis was not available in Virginia at this time. In fact, it was somewhat well-known in the 1990s that Virginia had some of the lightest penalties on the books for cannabis cultivation. Cultivation of any amount of plants was legally considered merely “possession” as long as that cultivation was for personal use.

Laws, and the availability of cannabis to patients, didn’t change much until 2015 when House Bill 1445 and Senate Bill 1235 were signed, adding affirmative defense language for possession of CBD or THC oil for patients with a medical recommendation; it also added epilepsy to the list of prescribable conditions. Then, in 2018 the Virginia State Board of Pharmacy approved 5 licenses for medical cannabis dispensaries.

Today, there are a handful of medical dispensaries operating across the state of Virginia. Most of these are owned and operated by multi-state operators, with the only notable exception being a microclimate in Alexandria where a small group of independent operators thrive.

When Virginia SB 1406, “Marijuana; legalization of simple possession, penalties”, was introduced in January 2021 it quickly made it to the Senate floor along with HB 2312 in the House. In February both bills passed, thereby legalizing cannabis use and cultivation for adults 21 plus. Even more, the bills stipulated the formation of a regulatory framework for commercial cannabis production, testing and recreational retail sales by 2024.

Before being signed into law, Governor Ralph Northam amended the legislation to include a clause allowing for possession and personal cultivation of cannabis on July 1, 2021, citing concerns that delaying would only further perpetuate injustices.

How many plants can I grow?
As it is written, the Virginia law states that adults may cultivate up to four (4) plants per household. In other words, the number of plants a household may grow is not a function of the number of adults in that house; it is always 4. Laws also state these plants must not be visible from public areas. See the Home Cultivation section here for more information.

Where can I get plants or seeds to grow?
It remains illegal in Virginia to sell seeds, clones, flowers or any other part of the plant. However, the DEA recently stated that weed seeds may be legally shipped in the United States as they are technically hemp because they contain less than 0.3% THC.

Where am I allowed to possess cannabis in Virginia?
You can possess cannabis on your person (e.g in your bag) or on/in your property. As long as it is concealed, there are no laws specifying areas where cannabis is not permitted in Virginia. However, it is always good to stay aware of your surroundings and read any signage to ensure compliance with local regulations. 

It is never legal for individuals to sell cannabis in Virginia, in any location, but especially in the vicinity of schools. Getting caught doing so can result in a felony conviction.

Where can adults consume cannabis in Virginia?
For now at least, Virginia is not following in the footsteps of New York and allowing public consumption. Instead, adults are relegated to consuming on their own property.

In states where legality is not crystal clear, some feel it's best to have their products delivered straight to their doors.

What about Virginia medical cannabis?
In order to visit dispensaries in Virginia you will need a medical recommendation. Luckily, obtaining a card is not very difficult and a Google search will quickly point you to one of several equally viable options for booking online appointments with a physician. After obtaining a prescription, the Virginia Department of Healthy and Board of Pharmacy requires a 60 day (minimum) delay before receiving a digital copy of one’s medical card. Applications are processed as they are received, and we’ve heard emailing your application is the best way to speed things along.

When will Virginia recreational dispensaries open?
Recreational dispensaries, and recreational access to existing medical dispensaries, will begin on July 1, 2024 in Virginia. Until then, as long as you can present identification proving you are 21 years of age or older, you can possess up to 1 oz of cannabis in Virginia.

written by M. Jenkins