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Is Cannabis Legal in Virginia?

Last Updated: Friday, January 23, 2026 by Virginia Beach
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Cannabis laws in Virginia can feel confusing. You might hear that weed is legal, but then find out you can’t buy it at a store. As of now, cannabis is legal in some ways and restricted in others. This guide breaks it down in plain language so you know what’s allowed and what’s not.

Is Cannabis Legal in Virginia? The Short Answer

Yes, cannabis is legal in Virginia for adults 21 and older. But there is a catch. You can possess it, grow it at home, and give small amounts to other adults. What you cannot do is buy recreational cannabis from a store yet. That gap between legal use and legal sales is where most of the confusion comes from.

Legal Possession and Home Growing

Virginia legalized personal cannabis use in 2021. Since then, adults 21 and older can carry up to one ounce of cannabis in public. If you have more than one ounce but less than one pound, it’s a civil violation with a $25 fine. It’s not a crime, but it’s still a ticket.

Home growing is also legal. Each household can grow up to four cannabis plants. This is true no matter how many adults live there. If you plan to grow, you’ll need to start with items like soil, lights, and cannabis seeds, but you also need to follow the rules.

Each plant must be tagged with your name and ID number. Plants must be hidden from public view and kept away from anyone under 21. If someone can see your plants from the street, that’s a problem.

Adults can also share cannabis. You may gift up to one ounce to another adult who is 21 or older. The emphasis is on the word “gift.” You cannot sell it, trade it, or use tricks like selling a product and throwing in “free” weed. Those schemes are illegal.

Medical Marijuana is Fully Legal

Medical cannabis is a legal way to buy cannabis in Virginia right now. Medical dispensaries are open and operating. To buy from one, you need a written certification from a registered medical practitioner.

Virginia no longer requires patients to register with the state or carry a physical card. A doctor’s certification and a government ID are enough. There’s also no fixed list of qualifying conditions. Doctors can recommend cannabis for any condition they believe it may help.

What’s Still Illegal in Virginia

Even with legalization, some activities are still against the law. You cannot smoke or consume cannabis in public places like parks, streets, or restaurants. Driving with cannabis is also illegal, and having an open container in the car can lead to trouble. Selling cannabis without a license is a felony. Possession on K–12 school property is a criminal misdemeanor.

Final Takeaway

Virginia’s cannabis laws are best described as legal but limited. Adults 21 and older can legally possess small amounts, grow plants at home, and share cannabis with other adults as long as no money changes hands. These freedoms give people more control over personal use, but they also come with clear rules that must be followed.

The biggest limit right now is buying cannabis for adult use. Even though recreational use is legal, there are still no legal recreational dispensaries in the state. Until the retail market officially opens, purchasing cannabis without a medical certification can lead to serious legal trouble.

 

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