Cannabis laws have shifted rapidly across the United States, and Virginia has emerged as a notable case in the South. Today, both medical and recreational cannabis are legal under specific conditions.
Adults 21 and over may possess up to one ounce in public, keep it at home, grow up to four plants, and share small amounts privately without payment.
Medical cannabis is available through licensed dispensaries with proper authorization.
While public consumption remains prohibited, Virginia’s framework reflects a significant shift from past prohibition, with legislation passed in 2020–2021 marking the state as the first in the region to legalize.
Key Takeaways
- Medical cannabis is legal and available through licensed dispensaries with a valid healthcare provider certification.
- Recreational use is legal for adults 21+, with limits of one ounce in public and four plants per household, but retail sales have not started.
- Public use, distribution, and large-scale possession remain prohibited and carry fines or criminal penalties.
Historical Overview of Cannabis Regulation in Virginia
Virginia’s approach to cannabis has shifted significantly over the past few decades. In the 1990s, laws were tightened, but exceptions were introduced for specific medical conditions such as cancer and glaucoma.
Possession laws remained strict until July 2020, when the state decriminalized small amounts, reducing possession of less than one ounce to a $25 civil fine.
The turning point came in 2021, when lawmakers approved legislation allowing adults aged 21 and over to possess up to one ounce and cultivate up to four plants for personal use.
While retail sales were initially planned for 2024, political changes delayed the rollout, leaving recreational sales unresolved.
Medical cannabis has been legal since 2020 through licensed pharmaceutical processors, with access rules eased in 2022 to allow purchases immediately after receiving a medical certificate.
At the same time, Virginia has regulated hemp-derived products, placing limits on THC content and banning certain edible shapes.
Efforts to launch a regulated recreational market have continued through 2024 and 2025, but have been vetoed by Governor Glenn Youngkin, citing safety concerns. As a result, personal use remains legal under specific limits, but recreational retail sales have yet to begin.
Medical Cannabis in Virginia: Legal Provisions and Accessibility
Virginia first allowed limited medical cannabis use in 1979 for patients with glaucoma or undergoing chemotherapy, though the law remained largely ineffective for decades due to federal restrictions.
In 2015, reforms created an affirmative defense for patients with a physician’s recommendation to use CBD or THC-A oil for epilepsy, marking the start of a more functional medical framework.
By 2018, the Virginia Board of Pharmacy licensed five companies to operate dispensaries, expanding patient access. Further legislation in 2019 permitted medical cannabis products to contain up to 10 mg of THC per dose.
In 2022, rules were streamlined so that patients could purchase medical cannabis immediately upon receiving a certificate from a licensed healthcare provider, removing the previous registration requirement with the Board of Pharmacy.
As of 2023, over 1,000 Virginia healthcare practitioners are authorized to issue medical cannabis certifications, and 21 dispensaries operate statewide. Eligible providers include doctors, osteopaths, physician assistants, and nurse practitioners.
Today, patients can legally obtain medical cannabis from licensed dispensaries for a variety of conditions, provided they hold a valid certification. This system offers a regulated pathway for access, ensuring product quality while maintaining compliance with state law.
Current Legal Status of Recreational Marijuana in Virginia
Recreational cannabis is legal in Virginia for adults aged 21 and over, but strict limits apply. Individuals may possess up to one ounce in public and cultivate up to four plants per household for personal use.
Cannabis can also be privately shared in amounts of one ounce or less, provided no payment or other item of value is exchanged.
Possession beyond these limits carries penalties. More than one ounce but less than four ounces results in a $25 civil fine.
Possession of more than four ounces but less than one pound is a Class 3 misdemeanor, escalating to a Class 2 misdemeanor for repeat offenses.
Possessing more than one pound is a felony, punishable by one to 10 years in prison and/or a fine of up to $250,000.
It remains illegal to sell, distribute, or gift cannabis in a commercial context, to use it in public, or to consume or possess it while driving. Cannabis possession on school grounds, in passenger transport vehicles, or commercial vehicles is also prohibited.
While personal use is permitted under defined conditions, Virginia maintains significant restrictions on distribution, public consumption, and possession of larger quantities.
Possession, Cultivation, and Consumption: What’s Allowed in Virginia?
Since July 1, 2021, adults aged 21 and older in Virginia may legally possess up to one ounce of cannabis in public. Possession above this limit is subject to fines or criminal charges, depending on the amount.
Cannabis use is permitted in private residences, although property owners may set their own restrictions. Public consumption remains prohibited.
Home cultivation is allowed, with a limit of four plants per household, regardless of the number of adults living there. Plants must follow specific rules, including being out of public view and labeled with the grower’s name, driver’s license or ID number, and a note stating they are for personal use.
“Adult sharing” is legal, meaning adults 21 and older can privately transfer up to one ounce without payment. However, this does not include transactions tied to the sale of goods or services, or any arrangement that disguises a commercial exchange.
Currently, recreational cannabis cannot be purchased legally in Virginia, as no licensed retail market has been launched.
Medical cannabis, however, can be obtained from licensed dispensaries with a valid certification from a registered healthcare provider.
What Future for Cannabis Legislation in Virginia?
Virginia continues to navigate next steps toward a regulated recreational cannabis market. In 2025, the General Assembly created a joint commission to study issues like licensing, equity, and public health, and to recommend a retail framework.
Legislators have repeatedly advanced bills to permit adult-use sales, but Governor Youngkin has vetoed them consistently.
As Youngkin’s term ends, the outcome of the 2025 gubernatorial election could critically influence whether Virginia finally launches its recreational retail market. For now, personal use remains legal, but lawmakers and stakeholders are preparing for a possible regulated sales system shortly.
To Sum Up
Is marijuana legal in Virginia? Yes, for both medical and recreational purposes, but with strict rules. Adults 21 and over may possess up to one ounce in public, cultivate up to four plants per household, and share small amounts privately without payment.
Medical cannabis is available through licensed dispensaries with a valid certification. However, retail sales for recreational use have not yet been implemented, and significant restrictions remain on public consumption, distribution, and possession of larger quantities.
Laws continue to evolve, so residents should monitor updates from the Virginia Cannabis Control Authority and official state legislative resources.
Rita Ferreira
Rita is a seasoned writer with over five years of experience, having worked with globally renowned platforms, including Forbes and Miister CBD. Her deep knowledge of hemp-related businesses and passion for delivering accurate and concise information distinguish her in the industry. Rita's contributions empower individuals and companies to navigate the complexities of the cannabis world, and her work remains a valuable resource for those seeking a deeper understanding of its potential.
