How Legal is Medical Marijuana in Virginia? Virginia does not have an actual medical marijuana program Virginia does not actually have a specific program that legalizes medical marijuana. Rather, they offer Affirmative Defense that potentially allows select individuals to possess certain cannabis oils under the permission of a licensed Virginia doctor. “Affirmative Defense” is not medical marijuana Even if you do obtain a doctor’s written permission to use cannabis oil in the state of Virginia, this does not mean you are legally allowed to possess cannabis. It simply means that if arrested on charges of marijuana, you may be offered protection/exemption from criminal prosecution. It’s completely up to the doctor, but… There are no specific medical conditions that “qualify” for Affirmative Defense in Virginia. It is completely up to the doctor whether or not they want to grant patients permission to use cannabis – however, very few doctors in Virginia are willing to participate in the Affirmative Defense program, likely given the lack of incentive that exists on their behalf. You are still at risk Again, even if you do obtain written permission from a Virginia doctor to treat your medical condition with cannabis oil, be advised that this does not mean you are legally allowed to possess it. As mentioned earlier, it simply means that if arrested, you may be granted exemption from prosecution. Nowhere to buy Also, be advised that the Affirmative Defense does not offer Virginia residents any options for buying cannabis products in the state. As such, you likely are putting yourself at risk from purchasing illegal products, or purchasing legal products in another state and transporting them across state lines to Virginia – which is illegal. Clearly, there are tangible issues in practicality with regard to cannabis use in Virginia.