Marijuana is legal in Virginia for adults 21 and older to possess and grow at home, but recreational marijuana stores are not yet operating. State-regulated adult-use marijuana sales are scheduled to begin July 1, 2027.
Adults may currently possess up to 2 ounces of marijuana and grow up to four plants per household. Virginia also operates a medical marijuana program that allows qualified patients to purchase marijuana from licensed dispensaries.
This page covers Virginia marijuana possession limits, legal sales, home cultivation, medical marijuana, taxes, public consumption and penalties. For laws in other states, visit The Marijuana Herald’s Marijuana Laws by State guide.
Last updated: September 2026
Virginia Marijuana Laws at a Glance
| Category | Virginia Law |
|---|---|
| Recreational marijuana legal? | Yes |
| Minimum age | 21 |
| Adult possession limit | Up to 2 ounces |
| Recreational retail sales | Not yet; scheduled to begin July 1, 2027 |
| Home cultivation | Up to 4 plants per household |
| Medical marijuana program | Yes |
| Medical retail sales | Legal through licensed dispensaries |
| Medical purchase limit | Up to a 90-day supply; no more than 4 ounces of botanical marijuana per 30 days |
| Medical home cultivation | No separate medical allowance; adults 21+ may grow under the general home-grow law |
| Public consumption | Illegal |
| Adult sharing | Up to 1 ounce without payment under current law |
| Recreational delivery | Not yet available |
| Medical delivery | Allowed |
| Recreational marijuana tax | Beginning in 2027: 6% marijuana tax plus applicable sales and local taxes |
Is Marijuana Legal in Virginia?
Yes. Marijuana is legal for adults 21 and older in Virginia.
Adults may possess up to 2 ounces of marijuana and cultivate up to four marijuana plants at their primary residence.
However, legalization did not immediately establish recreational marijuana stores. As of September 2026, it remains illegal for businesses to sell recreational marijuana to consumers.
That is scheduled to change July 1, 2027, when Virginia’s newly authorized regulated marijuana market is expected to begin retail sales.
The Virginia Cannabis Control Authority is developing regulations and licensing procedures for the new market. Initial draft regulations were released in September 2026, with final regulations expected before licensing begins in 2027.
How Much Marijuana Can You Possess in Virginia?
Adults 21 and older may possess up to 2 ounces of marijuana on their person or in a public place.
Possession above 2 ounces can result in penalties.
Virginia law generally treats possession of more than 2 ounces but not more than 4 ounces in public as a civil violation punishable by a fine of up to $25.
Possession of larger amounts in public can result in misdemeanor or felony charges.
Virginia’s possession statute specifically applies to marijuana possessed on a person or in a public place. The law contains separate protections and requirements for marijuana kept at a person’s residence, including marijuana produced through legal home cultivation.
Can You Buy Recreational Marijuana in Virginia?
Not yet.
Although possession and home cultivation are legal, recreational marijuana sales remain illegal in Virginia as of September 2026.
Virginia enacted legislation in 2026 establishing a regulated recreational marijuana market, with licensed retail sales scheduled to begin July 1, 2027.
The Virginia Cannabis Control Authority is creating rules for several types of licenses, including:
- Retail marijuana stores
- Cultivation facilities
- Processing facilities
- Testing laboratories
- Transporters
- Delivery operators
- Microbusinesses
- Dual-use businesses
Under the state’s current timeline, regulations are expected to be finalized by the end of 2026, with licensing beginning in early 2027.
More information on the rollout is available from the Virginia Cannabis Control Authority.
Can You Grow Marijuana at Home in Virginia?
Yes. Adults 21 and older may grow marijuana at their primary residence.
Virginia allows up to four marijuana plants per household.
The four-plant limit applies to the entire household rather than to each adult. A home with multiple adults is still limited to four plants total.
Anyone legally cultivating marijuana must:
- Keep the plants from being visible from a public way without the use of aircraft, binoculars or other optical aids
- Take precautions to prevent people younger than 21 from accessing the plants
- Attach a legible tag to each plant containing the grower’s name, driver’s license or identification number, and a statement that the plant is being grown for personal use
Failing to follow the tagging, visibility or access requirements can result in a civil penalty of up to $25.
What Are the Penalties for Growing Too Many Marijuana Plants?
Growing more than Virginia’s legal four-plant household limit can result in escalating penalties.
Under state law:
- More than 4 but no more than 10 plants: $250 civil penalty for a first offense
- A second offense involving more than 4 but no more than 10 plants: Class 3 misdemeanor
- A third or subsequent offense involving more than 4 but no more than 10 plants: Class 2 misdemeanor
- More than 10 but no more than 49 plants: Class 1 misdemeanor
- More than 49 but no more than 100 plants: Class 6 felony
- More than 100 plants: Felony punishable by 1 to 10 years in prison, a fine of up to $250,000, or both
The legal four-plant limit applies regardless of the number of adults living in the household.
Can You Give Marijuana to Another Adult in Virginia?
Yes, but Virginia limits how much marijuana adults may share.
Under the law currently in effect, an adult 21 or older may transfer up to 1 ounce of marijuana to another adult 21 or older without payment.
Virginia calls this “adult sharing.”
The transfer cannot involve compensation or be connected to another transaction. For example, a business cannot sell an unrelated product at an inflated price and claim marijuana was included as a free gift.
Selling marijuana without authorization remains illegal.
The adult-sharing limit is scheduled to increase to 2 ounces when new provisions of Virginia’s regulated marijuana law take effect July 1, 2027.
Is Medical Marijuana Legal in Virginia?
Yes. Virginia operates a legal medical marijuana program regulated by the Virginia Cannabis Control Authority.
Virginia does not maintain a narrow statutory list of qualifying diseases. Instead, a qualified practitioner may issue a written certification when the practitioner determines that marijuana could benefit a patient with a diagnosed condition or disease.
Patients can purchase marijuana from licensed medical cannabis dispensaries.
A separate state medical marijuana registration card is generally not required. Patients normally need a valid written certification and proof of Virginia residency and identity to purchase medical marijuana.
More information is available from the Virginia Cannabis Control Authority’s medical cannabis program.
What Conditions Qualify for Medical Marijuana in Virginia?
Virginia allows practitioners substantial discretion in determining who qualifies.
State law allows a practitioner to recommend medical marijuana to treat or alleviate symptoms of any diagnosed condition or disease that the practitioner determines could benefit from marijuana treatment.
This means Virginia does not limit patients to a specific statutory list of conditions such as cancer, epilepsy or chronic pain.
Eligible practitioners include certain:
- Physicians
- Osteopathic physicians
- Physician assistants
- Advanced practice registered nurses
The practitioner must evaluate the patient and issue a written certification.
How Much Medical Marijuana Can Patients Buy in Virginia?
Virginia medical marijuana dispensaries may generally provide a patient with up to a 90-day supply of marijuana products during a 90-day period.
For botanical marijuana, dispensaries may provide no more than 4 ounces during each 30-day period for which botanical marijuana is dispensed.
The appropriate amount within those limits may be determined by the dispensing pharmacist or the patient’s certifying practitioner.
Virginia’s medical market includes botanical marijuana as well as other regulated marijuana products.
What Are the Benefits of Being a Medical Marijuana Patient in Virginia?
Virginia’s medical marijuana program offers several benefits even though possession and home cultivation are already legal for adults.
Most importantly, qualified patients currently have access to legal, regulated marijuana dispensaries while recreational retail stores will not begin operating until July 1, 2027.
Medical patients can also purchase regulated products produced and tested under Virginia’s medical marijuana system.
Patients may receive up to a 90-day supply of marijuana products, including up to 4 ounces of botanical marijuana for each 30-day period.
Virginia’s new recreational marijuana excise tax also specifically exempts marijuana products sold for treatment through the state’s medical program.
Medical marijuana may also be available to qualifying patients who are younger than 21 under the state’s medical rules.
Can Medical Marijuana Be Delivered in Virginia?
Yes.
Virginia’s medical marijuana system allows licensed operators to deliver marijuana products to qualified patients under state regulations.
The law defines marijuana delivery operators that may take possession of medical marijuana products from licensed pharmaceutical processors or dispensing facilities and deliver them directly to patients.
Adult-use recreational delivery is not currently available because recreational retail sales have not yet begun.
Virginia’s new market scheduled for July 2027 includes a separate delivery operator license.
Can You Use Marijuana in Public in Virginia?
No.
Virginia prohibits consuming marijuana or marijuana products in public places.
The prohibition also applies to offering marijuana to another person in a public place.
A first violation is currently punishable by a civil penalty of up to $25.
A second offense carries a $25 civil penalty and can require participation in a substance abuse treatment or education program.
A third or subsequent offense is a Class 4 misdemeanor.
Beginning July 1, 2027, the civil penalty for first and second public-consumption violations is scheduled to increase to $250.
Can You Use Marijuana in a Vehicle in Virginia?
No.
Virginia law prohibits both drivers and passengers from consuming marijuana or marijuana products while a motor vehicle is being driven on a public highway.
A violation is a Class 4 misdemeanor.
Virginia law also contains an open-container provision. An open marijuana container in the passenger area, combined with other evidence consistent with consumption, may be used to support an inference that marijuana was consumed in the vehicle.
Driving while impaired by marijuana remains illegal regardless of the amount possessed.
Is Marijuana Allowed on School Property?
Generally, no.
Virginia prohibits possessing or consuming marijuana on the grounds of a public elementary or secondary school during school hours or during school or student activities.
Consuming marijuana on school property is also prohibited after school hours.
A violation can constitute a Class 2 misdemeanor.
Separate laws may impose more serious penalties for marijuana distribution on or near schools.
How Will Recreational Marijuana Be Taxed in Virginia?
When recreational retail sales begin July 1, 2027, Virginia will impose a 6% marijuana tax on retail marijuana and marijuana products.
That tax is scheduled to increase to 8% beginning July 1, 2029.
The marijuana tax will be imposed in addition to applicable Virginia retail sales and use taxes.
Local governments will also be required to impose an additional marijuana tax of at least 1% and no more than 3.5%.
Medical marijuana sold through Virginia’s medical cannabis program is exempt from the new marijuana excise tax.
What Are the Penalties for Illegal Marijuana Possession in Virginia?
Virginia’s penalties depend heavily on the amount involved and where the marijuana is possessed.
For adults 21 and older:
- Up to 2 ounces on a person or in a public place is legal.
- More than 2 ounces but no more than 4 ounces can result in a civil penalty of up to $25.
- More than 4 ounces but no more than 1 pound on a person or in a public place is a Class 3 misdemeanor for a first offense.
- A second or subsequent offense involving more than 4 ounces but no more than 1 pound is a Class 2 misdemeanor.
- Possessing more than 1 pound on a person or in a public place is a felony punishable by 1 to 10 years in prison, a fine of up to $250,000, or both.
Virginia’s statute makes an exception for possession in a person’s residence when applying the criminal penalties for possession of more than 4 ounces.
Different laws and potentially more serious penalties apply when marijuana is possessed with intent to sell or distribute.
When Did Virginia Legalize Marijuana?
Virginia lawmakers approved legislation in 2021 legalizing marijuana possession and home cultivation for adults 21 and older beginning July 1, 2021.
The state initially legalized possession without establishing a functioning recreational retail market.
That created an unusual system in which adults could legally possess and grow marijuana but could not legally purchase recreational marijuana from a licensed store.
In 2026, Virginia approved a new regulatory framework establishing a commercial adult-use market.
The Virginia Cannabis Control Authority released initial draft regulations in September 2026, and regulated recreational marijuana sales are scheduled to begin July 1, 2027.
Official Sources
- Virginia Cannabis Control Authority
- Virginia Cannabis Control Authority Retail Marijuana Market
- Virginia Cannabis Control Authority Frequently Asked Questions
- Virginia Code § 4.1-1100 through § 4.1-1121
- Virginia Medical Cannabis Program Law
