Virginia Marijuana Laws
Marijuana is legal for recreational use in Virginia. Adults are permitted to possess up to one ounce of marijuana and cultivate four plants per household, though retail sales won’t be operational until 2024.
Registered patients are limited to cannabis oil with at least 5 mg of CBD and no more than 10 mg THC. Possession is not to exceed a 90-day supply.
LAW BREAKDOWN
LAW BREAKDOWNS
Possession of small amounts of cannabis for personal use is legal in Virginia.
Possession
It is legal in Virginia for adults to possess up to 1 ounce of marijuana for recreational use. Possessing between 1 ounce and 1 pound is a civil violation punishable by a $25 fine.
Possessing more than 1 pound is a felony punishable by a minimum of 1 year in jail, a maximum of 10 years in prison, and a fine of up to $250,000.
Those under 21 are not legally allowed to possess cannabis, and if caught have to pay a $25 fine and are required to enter a substance abuse treatment and education program.
| Offense | Penalty | Incarceration | Max. Fine |
|---|---|---|---|
| Up to 1 oz | No penalty | None | $ 0 |
| 1 oz – 1 lb | Civil Violation | None | $ 25 |
| More than 1 lb | Felony | 1 – 10 years | $ 250,000 |
Scroll to see the rest of the table.
Sale, Manufacture, and Trafficking
Any unlicensed sale of marijuana is a felony. If the weight is between 1 ounce and 5 pounds, there is a mandatory minimum sentence of 1 year in jail, a maximum of 10 years in prison, and a top fine of $2,500.
If the amount is between 5 pounds and 100 kilograms, the penalty increases to at least 5 years in prison, as many as 30, and a fine of up to $1,000. If the weight is greater than 100 kilograms, a penalty of 20 years to life in prison applies, in addition to a maximum possible fine of $100,000.
Selling cannabis to a minor who is at least 3 years younger than the seller carries a minimum penalty of 2 years in prison, a maximum of 50 years, and up to $100,000 in fines. The penalty for sale within 1,000 feet of a school or school bus stop is at least 1 year in jail, as many as 5 years in prison, and a top fine of $100,000.
Manufacturing cannabis is also a felony and is subject to a minimum of 5 years in prison, a maximum of 30 years, and a fine of up to $10,000. Transporting more than 5 pounds into the state is likewise a felony and is punishable by between 5 and 40 years in prison and $1 million in fines.
| Offense | Penalty | Incarceration | Max. Fine |
|---|---|---|---|
| 1 oz – 5 lbs | Felony | 1* – 10 years | $ 2,500 |
| 5 lbs – 100 kg | Felony | 5* – 30 years | $ 1,000 |
| More than 100 kg | Felony | 20 years* – life | $ 100,000 |
| To a minor who is at least 3 years younger | Felony | 2* – 50 years | $ 100,000 |
| Within 1000 ft of a school or school bus stop | Felony | 1* – 5 years | $ 100,000 |
| Manufacture of marijuana | Felony | 5* – 30 years | $ 10,000 |
| Transporting more than 5 lbs into the state | Felony | 5* – 40 years | $ 1,000,000 |
| Includes possession with intent to distribute | |||
| * Mandatory minimum sentence | |||
Scroll to see the rest of the table.
Cultivation
Adults are allowed to grow 4 plants of marijuana per household. Cultivation is only allowed at the adult’s primary place of residence. Growers are legally obliged to ensure:
- Plants are not visible from public view
- Precautions are made to prevent unauthorized access from persons under 21 years of age
- Every plant has attached to it a tag that details the grower’s name, driver’s license or ID number, and a note that the plant is being grown for personal use as allowed by Virginia marijuana law.
Hash and Concentrates
Virginia’s laws and penalties for concentrates are the same as for marijuana.
| Offense | Penalty | Incarceration | Max. Fine |
|---|---|---|---|
| Same as marijuana |
Scroll to see the rest of the table.
Paraphernalia
It is legal for adults to possess marijuana paraphernalia in Virginia. There are criminal penalties for distributing marijuana to those under 21 years old.
| Offense | Penalty | Incarceration | Max. Fine |
|---|---|---|---|
| Possession | None | None | $ 0 |
| Sale or possession with intent to sell paraphernalia | Misdemeanor | 1 year | $ 2,500 |
| To a minor who is at least 3 years younger | Felony | 1 year | $ 2,500 |
Scroll to see the rest of the table.
Miscellaneous
It is a felony to maintain a fortified drug house, with a penalty of between 1 year in jail and 10 years in prison.
Marijuana convictions will result in suspension of driving privileges for six months.
| Offense | Penalty | Incarceration | Max. Fine |
|---|---|---|---|
| Maintaining a fortified drug house | Felony | 1* – 10 years | N/A |
| * Mandatory minimum sentence |
Scroll to see the rest of the table.
| Forfeiture | |||
|---|---|---|---|
| Vehicles and other assets can be seized in a civil proceeding, regardless of whether criminal charges are brought. | |||
Scroll to see the rest of the table.
Medical Marijuana
MEDICAL MARIJUANA
Medical marijuana is legal in Virginia since the state passed a law in 2020.
QUALIFYING CONDITIONS:
Any diagnosed condition or disease that a physician determines will benefit from the use of marijuana.
PATIENT POSSESSION LIMITS:
The specified possession limit of botanical cannabis is 4 ounces per 30 days. The specified possession limit for cannabis oil is a 90-day supply.
HOME CULTIVATION:
No
STATE-LICENSED DISPENSARIES:
Yes
CAREGIVERS:
Qualifying patients may have a “registered agent”, an individual designated by a patient who has been issued a written certification, or, if such patient is a minor or an incapacitated adult, designated by such patient’s parent or legal guardian, and registered with the Board pursuant to subsection G.
RECIPROCITY:
No
Virginia Marijuana Attorneys
The following Virginia lawyers are actively involved in the practice of cannabis law:
