Adults 21 years and older will be allowed to possess not more than one ounce of cannabis for personal use.
Generally, adults 21 years and older will be allowed to use marijuana in private residences. However, nothing prohibits the owner of a private residence from restricting the use of marijuana on its premises.
Adults 21 and over will also be allowed to grow up to four plants per household (not per person), according to specified requirements (see “Home Cultivation” below).
“Adult sharing” or transferring one ounce or less of marijuana between persons who are 21 years or older without remuneration will be legal. "Adult sharing" does not include instances in which (i) marijuana is given away contemporaneously with another reciprocal transaction between the same parties; (ii) a gift of marijuana is offered or advertised in conjunction with an offer for the sale of goods or services; or (iii) a gift of marijuana is contingent upon a separate reciprocal transaction for goods or services.
Illegal:
It will remain illegal for anyone to possess more than one ounce of marijuana. Individuals found guilty of possessing more than one ounce, but not more than one pound of marijuana are subject to a civil penalty of not more than $25. Individuals found guilty of possessing more than one pound are subject to a felony.
It will remain illegal for anyone under the age of 21 to consume, purchase, or possess marijuana, or to attempt to consume, purchase or possess any amount of marijuana.
It will remain illegal to distribute or sell marijuana, and/or to possess any amount of marijuana with the intent to distribute or sell it. This prohibition applies equally to businesses, which will not be permitted to sell, “gift,” or in any other way distribute marijuana. For more information on how to obtain a license to sell marijuana in the future.
Existing safety measures will remain in place, including prohibiting use of marijuana while driving a motor vehicle or while being a passenger in a motor vehicle being driven; possessing marijuana on school grounds, while operating a school bus, in a motor vehicle transporting passengers for hire, or in a commercial vehicle.
It will not be legal to sell marijuana before January 1, 2024. The law will create a new, independent political subdivision (“an authority”) to regulate the marijuana industry. While the Cannabis Control Authority can begin its work on July 1, 2021, it will take time for the authority to hire staff, write regulations, and implement equity and safety initiatives. Additionally, many of the regulatory sections of the bill must be reenacted (approved again) by the 2022 General Assembly before becoming law. For more information on the commercial market, see Adult-Use Cannabis Commercial Sales below.
“Home Cultivation” will become legal on July 1, 2021. Beginning on July 1, adults 21 and over can grow up to four marijuana plants per household (not per person), for personal use. Plants can be grown only at your main place of residence.
Someone who grows plants must:
ensure that no plant is visible from a public way;
take precautions to prevent unauthorized access by persons younger than 21 years of age; and
attach to each plant a legible tag that includes the person's name, driver's license or ID number, and a notation that the marijuana plant is being grown for personal use as authorized by law.
It will remain illegal to grow more than four plants, to sell or distribute marijuana grown at home, or to manufacture marijuana concentrate from home-cultivated marijuana. Individuals who chose to do so are subject to criminal penalties.
It will remain illegal to sell marijuana seeds, clones, flower, or any other part of the marijuana plant in Virginia before 2024. Although there are some states that already have legalized marijuana sales, it remains federally illegal to move marijuana across state lines.
No. The existing criminal penalties for selling or distributing marijuana, or possessing marijuana with the intent to sell or distribute, will remain in effect. Individuals who sell marijuana, or who possess with the intent to sell it, are subject to misdemeanor or felony charges, depending on the amount of marijuana involved. On July 1, 2021, “adult sharing,” or transferring one ounce or less of marijuana between persons who are 21 years or older without remuneration, will be legal. "Adult sharing" does not include instances in which:
marijuana is given away contemporaneously with another reciprocal transaction between the same parties;
a gift of marijuana is offered or advertised in conjunction with an offer for the sale of goods or services; or
a gift of marijuana is contingent upon a separate reciprocal transaction for goods or services.
Thus, the “gifting market” seen in Washington, DC will not be legal in Virginia.
To purchase cannabis for medical purposes, a patient must have both (a) an unexpired written certification issued from a board-registered practitioner and (b) a current active patient registration issued by the Board of Pharmacy. You can find more information by visiting the Department of Health Professions: Board of Pharmacy’s website.
