Adults only (18+)

Legal Status of Recreational Cannabis

Adults aged 21 or older may legally possess up to one ounce of cannabis in public or indoors, and may possess unlimited amounts in private residences. Possession up to this limit was legalised in July 2021. It is also legal to share up to one ounce privately with another adult without exchanging any form of payment. Cultivation is permitted, with up to four plants per household allowed for home use. These plants must be grown lawfully and not be visible to the public. However, the sale or purchase of cannabis for recreational use remains prohibited. Although recreational consumption and possession are legal, retail sales and commercial distribution remain illegal under current law.

Medical Cannabis: Legal Access and Restrictions

Medical cannabis is legal and individuals with a valid written certificate from a licensed medical provider may purchase approved products from state‑licensed dispensaries. Licensed dispensaries may dispense up to four ounces of botanical cannabis in any 30‑day period or provide a 90‑day supply of cannabis products containing no more than ten milligrams of THC per dose. Patients now receive workplace protections so they cannot be disciplined for medical use if not impaired at work. Medical access does not extend to recreational use and remains regulated within the healthcare system.

Cultivation, Possession and Adult Sharing

Virginia allows adults aged 21 or older to grow up to four cannabis plants per household. Private sharing of cannabis without payment is permitted, limited to one ounce. Possession beyond one ounce but not exceeding one pound can result in a civil fine of up to twenty‑five dollars. Possession of more than one pound, or commercial behaviour without licences, is treated as a criminal offence and may carry significant penalties including prison and large financial penalties. Public consumption and open containers in vehicles are prohibited, and driving under the influence is illegal.

Retail Sales and Regulatory Status

At present, recreational cannabis cannot be legally purchased in Virginia. In early 2025 the legislature passed bills to establish a regulated retail market with licensing and tax provisions, intending sales to begin as early as May 2026. These bills were vetoed by the governor, delaying any retail marketplace. The Cannabis Control Authority was scheduled to begin issuing licences from September 2025 but retail stores cannot operate until at least May 2026 and only if the legislative veto is overridden or new law enacted.

Enforcement in Practice

Although possession, home cultivation and sharing within legal limits are permitted, enforcement remains in force for public consumption, excessive possession and unlicensed sale or distribution. Police may issue fines or pursue criminal prosecution depending on the circumstances. Driving while impaired is strictly enforced. The state continues to dismantle grey‑market practices, such as unregulated sales of Delta‑8 THC and similar products, which are now prohibited.

Misconceptions and Common Questions

Some believe it is legal to buy cannabis in Virginia simply because possession is allowed. This is incorrect. There is no legal retail market at present, so any purchase or sale outside medical dispensaries is illegal. Another misconception is that cultivation allows plant visibility; in fact plants must not be visible to public areas. Some assume CBD products are unregulated. In reality, products with THC content above the federal hemp threshold are controlled, and recent laws closed loopholes around Delta‑8 THC. Medical users may believe they are protected from job consequences; this protection applies only if they are not impaired at work and only for medical cannabis, not recreational.

What the Future May Bring

Legislative momentum continues around creating a regulated recreational cannabis market. Bills approved by the state legislature are pending due to governor vetoes. If they become law or are overridden, retail markets may begin issuing licences in late 2025 with sales starting in mid‑2026. For now the state retains its hybrid status: legal possession and cultivation with no legal sales. Political shifts may change the outlook, and adult‑use dispensaries may eventually open under state regulation.

Summary

Cannabis is legal in Virginia for adults aged 21 or over in terms of possession, home cultivation and private sharing within statutory limits. Medical cannabis is also legal through certified medical use and state‑licensed dispensaries. Retail sales of recreational cannabis remain illegal pending regulatory authorisation and legislative action. The legal landscape is evolving, but as of mid‑2025 Virginia remains without a legal commercial retail system.