Virginia Cannabis Laws: Complete Guide 2026
Virginia legalized recreational cannabis through SB 1406 in April 2021. Personal possession and home cultivation became legal on July 1, 2021. The state's medical cannabis program has operated since 2018. Adult-use retail sales are still pending as the state develops its licensing framework.
Is Marijuana Legal in Virginia?
Yes, both medical and recreational marijuana are legal in Virginia:
- Medical Cannabis: Expanded program since 2018
- Recreational Possession: Legal since July 1, 2021 (SB 1406)
- Home Cultivation: Legal (4 plants per household)
- Adult-Use Retail Sales: Expected to begin in 2025
Key Legislation
| Law | Citation | Effective Date |
|---|---|---|
| Medical Cannabis Expansion | HB 1251/SB 976 (2018) | 2018 |
| Cannabis Control Act | SB 1406 (2021), Virginia Code § 4.1-1100 et seq. | July 1, 2021 |
| Home Cultivation | Virginia Code § 4.1-1101 | July 1, 2021 |
| Possession Decriminalization | Virginia Code § 18.2-250.1 | July 1, 2020 |
Virginia Cannabis Control Authority (CCA)
The Virginia Cannabis Control Authority oversees all cannabis regulation in the state, including medical cannabis and future adult-use sales.
Contact Information:
- Website: cca.virginia.gov
- Medical Cannabis: cca.virginia.gov/medicalcannabis
- Patient Registration: CCA Patient Portal
- Phone: (804) 662-4740
Adult-Use Cannabis (21+)
Under Virginia Code § 4.1-1100 et seq., adults 21 and older may:
Possession Limits:
- 1 ounce (28.35 grams) of cannabis in public
- Unlimited amount at home (must be secured)
- Cannabis products equivalent to 1 oz
Home Cultivation:
- Up to 4 marijuana plants per household
- Plants must be tagged with owner's name, driver's license number, and statement that it's for personal use
- Plants must NOT be visible from public areas without optical aids
- Must prevent access by anyone under 21
- Must be in an enclosed, secured location
Prohibited Activities:
- Public consumption (civil penalty: $25)
- Consumption while operating a motor vehicle
- Providing cannabis to persons under 21
- Possession on school grounds
- Possession on federal property
- Retail sales (no licensed stores yet)
- Purchasing cannabis (no legal retail market yet)
Important: While possession and home cultivation are legal, there is currently NO legal way to purchase cannabis in Virginia except through the medical program. Adult-use retail sales are expected to begin in 2025.
Medical Cannabis Program
Virginia's medical cannabis program is overseen by the Cannabis Control Authority and operated through pharmaceutical processors.
Qualifying Conditions:
Virginia does not have a specific list of qualifying conditions. A practitioner may issue a written certification for any diagnosed condition or disease they determine could benefit from cannabis treatment, including but not limited to:
- Cancer
- Glaucoma
- HIV/AIDS
- Hepatitis C
- ALS
- Crohn's disease
- Parkinson's disease
- Multiple sclerosis
- Intractable epilepsy
- Post-traumatic stress disorder (PTSD)
- Severe or chronic pain
- Any condition causing severe nausea or vomiting
- Any other condition the practitioner believes cannabis may help
Medical Patient Benefits:
- Legal access to purchase cannabis products
- Wide range of product forms available
- Professional guidance from pharmacists
- Employment protections (limited)
- Can cultivate at home (same as adults)
Patient Registration
Requirements:
- Virginia resident or registered with CCA
- Written certification from a registered practitioner
- Register online through CCA patient portal
- NO registration fee (Virginia does not charge patients)
Certification Validity: 1 year (must be renewed annually)
Pharmaceutical Processors (Dispensaries)
Virginia uses a limited licensing model with 5 pharmaceutical processor licenses covering different Health Service Areas. Each processor can operate multiple dispensary locations.
Current Processors:
- Green Leaf Medical (multiple locations)
- Columbia Care
- Dharma Pharmaceuticals
- PharmaCann (Gleaf)
- gLeaf (formerly)
Taxation
Medical Cannabis:
- Subject to standard 5.3% state sales tax
- Local taxes may apply
Adult-Use Cannabis (when retail begins):
- Expected to include additional cannabis excise tax
- Tax rates to be determined by legislature
Penalties for Violations
Adults 21+ Civil Penalties:
| Violation | Penalty |
|---|---|
| Possession > 1 oz but ≤ 4 oz | $25 civil penalty |
| Public consumption | $25 civil penalty |
| Cultivation violation (1st offense) | $25 civil penalty |
Criminal Penalties: Under Virginia Code § 18.2-248.1 and § 18.2-250.1:
| Offense | Classification | Penalty |
|---|---|---|
| Possession > 4 oz - < 1 lb | Class 1 Misdemeanor | Up to 12 months jail, $2,500 fine |
| Possession ≥ 1 lb | Felony | 1-10 years, $250,000 fine |
| Distribution ≤ 1 oz | Civil penalty | $25 (gift giving) |
| Distribution > 1 oz - < 5 lbs | Class 5 Felony | 1-10 years |
| Distribution ≥ 5 lbs | Felony | 5-30 years |
| Sale to minor | Felony | Enhanced penalties |
| Near school | Felony | Enhanced penalties |
Driving Under the Influence
Driving under the influence of cannabis is prohibited under Virginia Code § 18.2-266.
Virginia uses a behavioral impairment standard - there is no per se THC limit for driving.
DUI Penalties:
- 1st offense: Class 1 misdemeanor, up to 12 months jail, $2,500 fine, 1-year license suspension
- 2nd offense (within 10 years): Mandatory 10 days jail (20 days if within 5 years), 3-year suspension
- 3rd offense (within 10 years): Class 6 felony, 90 days mandatory jail, indefinite suspension
Medical patients are NOT exempt from DUI laws.
Employment Rights
Virginia provides limited employment protections:
- Employers may maintain drug-free workplace policies
- Employers may prohibit on-duty use and impairment
- Employers may take action for positive drug tests
- No explicit protection for off-duty use (recreational or medical)
- Federal contractors must comply with Drug-Free Workplace Act
Local Regulations
Under Virginia law:
- Local governments cannot prohibit personal possession or home cultivation
- Local governments may regulate time, place, and manner of future retail establishments
- Local governments may opt-out of retail cannabis sales (voters can override)
- Local governments may impose local licensing requirements
Gift Economy Limitations
"Gifting" cannabis is limited:
- Adults 21+ may give up to 1 ounce to another adult without payment
- NO remuneration of any kind is permitted
- Exchanges involving payment, barter, or requiring purchase of another item are illegal sales
- Many "gifting" operations are operating illegally
Key Resources
- Virginia Cannabis Control Authority: cca.virginia.gov
- Medical Cannabis: cca.virginia.gov/medicalcannabis
- Patient Registration: CCA Patient Portal
- Virginia Code - Cannabis: law.lis.virginia.gov
- Virginia Code - Criminal: Virginia Code § 18.2-248.1
Timeline of Legalization
| Date | Event |
|---|---|
| 2015 | CBD oil legalized for epilepsy |
| 2018 | Medical cannabis program expanded |
| July 1, 2020 | Possession < 1 oz decriminalized |
| April 21, 2021 | Governor signs SB 1406 |
| July 1, 2021 | Personal possession and home cultivation legal |
| 2023-2024 | CCA develops adult-use licensing framework |
| 2025 | Adult-use retail sales expected to begin |
This information reflects Virginia cannabis laws as of December 2025. Always consult official state sources and legal counsel for the most current requirements.