What Are Virginia’s Laws Regarding Marijuana?

Public opinion of drug use has changed rapidly over the past few years. Although Virginia used to have very harsh restrictions on the use of marijuana, the state became one of the first in the South to decriminalize certain amounts of recreational cannabis.

Governor Northam introduced two bills: House Bill 2312 and Senate Bill 1406, in early 2021. The General Assembly approved the bills on April 7. Under the new laws, it is now legal to possess and grow small amounts of marijuana in the state of Virginia.

Possession And Sale

Granted, certain limitations and penalties remain in place. As Virginia’s laws continue to evolve, and as more and more states make marijuana legal in some form, it is important for residents to understand the regulations and consequences surrounding it.

• Possession of marijuana: Virginia residents age 21 or older may legally possess up to one ounce of marijuana for personal use. Possession of more than one ounce but not more than four ounces is a civil violation that can result in a fine of up to $25. Possession of more than four ounces but not more than one pound is a misdemeanor, and possessing more than one pound remains a felony, punishable by one to 10 years in prison and a fine of up to $250,000 (Va. Code § 4.1-1100).
• Cultivating plants: Adults 21 or older may cultivate up to four marijuana plants per household for personal use. Cultivating five to 10 plants is a civil violation with a $250 fine for a first offense, escalating to misdemeanors for repeat offenses. Cultivating 11 to 49 plants is a Class 1 misdemeanor, and 50 or more plants is a felony. You must tag all plants with the grower’s name, ID number and a note stating they are grown for personal use, and you must keep them out of public view. (Va. Code § 4.1-1101).
• Distribution and sale: While possession and limited cultivation are legal under Virginia law, retail sales for recreational use remain illegal as of 2025. Governor Glenn Youngkin vetoed legislation, such as Senate Bill 970 (2024), that would have permitted licensed adult-use cannabis sales. As a result, Virginia has not authorized dispensaries for nonmedical users. Law enforcement continues to prosecute unlicensed marijuana sales or distribution under state criminal law, with penalties that increase based on the quantity involved and the offender’s intent. (Va. Code § 18.2-248.1).

Keep in mind that while Virginia has legalized marijuana in some respects, there are still federal laws in place that criminalize marijuana possession, sale and cultivation. Someone facing federal charges will face stricter penalties than those charged and tried at the state level.

Medical Exemptions

Patients who have a medical condition might wonder whether they can use cannabis as a medical remedy. In Virginia, anyone with a diagnosed illness whose medical practitioner determines they could benefit from cannabis may register to obtain medical marijuana products from a state-licensed dispensary.

The Virginia Cannabis Control Authority (CCA) oversees the medical cannabis program, which authorizes the sale of approved formulations – such as oils, tinctures, edibles, capsules and flowers – through licensed dispensaries.

State law protects patients who lawfully participate in the medical cannabis program. However, marijuana remains a Schedule 1 controlled substance under federal law, meaning that possession or use on federal property (including military bases and national parks) can still result in prosecution.

Other Consequences

In addition to facing criminal penalties, someone convicted of a drug crime in Virginia may struggle to find employment or housing. Even arrests on their own, without a conviction, can remain on a person’s criminal record for an extended period, creating roadblocks to a successful future.

However, under Virginia’s record-sealing and expungement provisions, certain low-level marijuana offenses are eligible for automatic sealing. Officials have delayed implementing these provisions, but they expect them to take effect by July 1, 2026. (Va. Code § 19.2-392.12).

It is imperative that people in Virginia remain aware of how the state addresses marijuana use and possession. Anyone who has questions about this matter should consult with an experienced criminal defense attorney.

Need Legal Guidance About A Marijuana Charge In Virginia?

Even with partial legalization, many marijuana-related arrests still occur in Virginia, often because people misunderstand what is and is not allowed under current law. If you or someone you love faces a marijuana possession, cultivation or distribution charge, our criminal defense lawyers can help you navigate the complex mix of state and federal laws.

Call Weisberg & Weisberg, PLLC, at 757-659-9611 or contact us online to schedule a confidential consultation today. We can help you understand your rights, explore defenses and work to protect your record and your future.