Virginia Cannabis Laws

Virginia has legalized both medical and adult-use cannabis. While medical dispensaries have been operating in the state since 2020, recreational dispensaries have yet to open anywhere in Virginia. In other words, while both recreational and medical cannabis are legal in Virginia, years of legal delays and attempts by some legislators to stall the recreational market have created a somewhat unclear future for recreational cannabis sales in the state.

Marijuana Laws in Virginia

Cannabis laws vary from state to state. Laws can even differ significantly in states allowing both recreational and medical cannabis use. That is definitely the case in Virginia, where medical policies vary significantly from recreational policies.

Still, some clear guidelines apply to both forms of legalized cannabis use. Notably, you cannot smoke cannabis in public, whether you have a medical card or not. The state’s cultivation policy is also the same for medical and adult-use cannabis users. Virginia allows all legal users to grow a maximum of four plants in their private residences.

Medical Cannabis Laws

Virginians age 18 or older can receive a med card if they have one or more qualifying conditions. Minors can also participate in the program with a caregiver’s permission. Currently, medical patients can possess up to a 90-day supply of cannabis. Individual doses of cannabis products can contain up to 10 milligrams of THC.

Recreational Marijuana Laws

Recreational cannabis was legalized in Virginia in 2021. Although recreational sales were intended to begin on January 1, 2024, this is no longer the case. Republican-led committees consisting of legislators who oppose the creation of a legal recreational market have so far been able to stall the implementation of rules and regulations that could create and guide an adult-use market.

As it stands right now, Virginia recreational consumers exist in a legal gray area. While people over 21 can legally possess up to 1 ounce of cannabis and can grow up to four plants in their homes, there are no recreational dispensaries and no clear path towards their creation anytime soon.

Hemp-derived cannabinoids like CBD and delta-8 are currently legal in Virginia but are poised to undergo new, strict regulations starting July 1, 2023. Under the bill, delta-8 products will be banned entirely. And while CBD will not wholly be made illegal, the vast majority of CBD products will be removed from shelves under the new regulations in which CBD products will be required to contain 25 times more CBD than THC. If a product does not have the proper CBD: THC ratio, it can only contain a maximum of 2 milligrams per package.

What to Know About About Medical Cannabis in Virginia

With laws and regulations governing the Virginia cannabis industry being updated regularly, it is important to stay up to date on Virginia’s marijuana policies.

Virginia Does Not Have a Set List of Qualifying Conditions

Instead of a list of qualifying conditions, Virginia’s medical cannabis program states that a physician may recommend cannabis for treatment if cannabis will “alleviate the symptoms of any diagnosed condition or disease.”

Telemedicine Is Allowed

Telemedicine is allowed for medical cannabis certification in Virginia, so you don’t even have to leave your home to get your med card through a provider like Leafwell.

Virginia Does Not Accept Out-of-State Medical Cards

Unfortunately, Virginia does not have medical marijuana reciprocity, meaning that a med card obtained in another state is not seen as valid in Virginia.

Many other states and territories, however, have medical marijuana reciprocity and will accept an out-of-state medical card, including:

• Arizona
• Arkansas *
• Hawaii *
• Louisiana
• Maine
• Michigan (at the dispensary’s discretion)
• Nevada
• New Hampshire
• New Jersey *
• New Mexico
• Oklahoma *
• Puerto Rico
• Rhode Island
• U.S. Virgin Islands *
• Utah * (up to two 21-day periods in a calendar year)
• Washington, D.C.

*Visitors must complete a visiting patient application with the state program.

States that have recreational cannabis for adults 21 and older but do not accept out-of-state cards include:

• Alaska
• California
• Colorado
• Connecticut
• Illinois
• Maryland
• Massachusetts
• Minnesota (currently only tribal dispensaries)
• Missouri
• Montana
• New York
• Oregon
• Vermont
• Washington

Can You Grow Cannabis in Virginia?

Yes, you can grow cannabis plants in Virginia. Medical patients and recreational users can grow up to four marijuana plants in the privacy of their own homes.

The Bottom Line

Marijuana is legal for medical and personal use in Virginia. Although it is an excellent sign of progress that you can no longer face legal repercussions for recreational marijuana use, it is unfortunate that retail sales have yet to be implemented in the state.

At least until a legal recreational dispensary market has been established, the best way to improve your wellness through cannabis in Virginia is by obtaining a medical marijuana card. If you live in Virginia and feel you may benefit from medical marijuana, you should speak to a Leafwell doctor about getting your med card today.