Yes, partly. Under Virginia marijuana laws, adults 21 and older can legally possess up to 2 ounces of marijuana in public and grow up to 4 plants per household, but there are no licensed recreational stores yet: adult-use retail sales are scheduled to begin July 1, 2027. Until then, only certified medical patients can buy, at state-licensed dispensaries. Public use is a civil violation with a $25 fine, rising to $250 on July 1, 2027.
Virginia legalized adult possession in 2021 but has spent five years without a legal way for adults to buy. That changed in 2026, when lawmakers wrote a retail market into the state budget. This guide explains what the law says as of October 2026, with links to the Code of Virginia and the Virginia Cannabis Control Authority. It is general information, not legal advice.
Virginia Cannabis Laws at a Glance
| Topic | The rule in Virginia | Source |
|---|---|---|
| Legal status | Adult possession and home grow legal since July 1, 2021; recreational retail sales begin July 1, 2027 | Cannabis Control Authority |
| Legal age | 21+ for adult use; medical patients 18+ (or a minor with a parent or guardian) | Va. Code § 4.1-1100; CCA |
| Possession in public | Up to 2 ounces; over 2 oz up to 4 oz is a civil penalty of up to $25; over 4 oz is a crime | Va. Code § 4.1-1100 |
| Home grow | Up to 4 plants per household, at your main residence, out of public view, each plant tagged | Va. Code § 4.1-1101 |
| Where to buy | Medical dispensaries only (written certification required); no recreational stores until July 1, 2027 | CCA |
| Public use | Civil penalty up to $25; $250 from July 1, 2027 | Va. Code § 4.1-1108 |
| Driving | No THC blood limit; DUI is based on impairment; no use by drivers or passengers on public highways | Va. Code §§ 18.2-266, 4.1-1107 |
| Taxes (from launch) | 6% state cannabis tax (8% from July 1, 2029) plus a 1% to 3.5% local tax plus sales tax; medical sales exempt from the cannabis tax | Va. Code § 4.1-1004 |
| Hemp THC products | No more than 2 mg total THC per package since August 15, 2026 | CCA hemp page |
| Regulator | Virginia Cannabis Control Authority (CCA) | cca.virginia.gov |
Is Marijuana Legal in Virginia?
Yes, for adults 21 and over, with one large gap: there is nowhere to buy it legally for recreational use until July 1, 2027. The General Assembly legalized simple possession and home cultivation effective July 1, 2021, under the Cannabis Control Act in Title 4.1 of the Code of Virginia. It also created the Virginia Cannabis Control Authority (CCA). That followed years of failed reform bills, such as SB 686, the 2015 decriminalization bill killed in committee.
The retail part of the 2021 law needed a second vote to take effect, and it stalled. Lawmakers passed retail sales bills in 2024 and 2025, and Governor Glenn Youngkin vetoed them both years. In 2026, under Governor Abigail Spanberger, the governor vetoed a standalone retail bill, then reached a compromise with lawmakers, and the framework was written into the state budget instead: House Bill 30, enacted June 29, 2026 as Chapter 1 of the 2026 Special Session I Acts of Assembly. The CCA summary of the new laws confirms that regulated retail sales begin July 1, 2027.
Selling without a license is still illegal. Cannabis also remains illegal under federal law for adult use. See our guide to federal marijuana law in 2026 for the latest on rescheduling.
How Much Marijuana Can You Possess in Virginia
Under Va. Code § 4.1-1100, as amended in 2026, an adult 21 or older may possess on their person or in any public place:
- Up to 2 ounces of marijuana, or an equivalent amount of marijuana product as set by regulation. Legal.
- More than 2 ounces, up to 4 ounces: a civil penalty of no more than $25.
- More than 4 ounces, up to 1 pound: a Class 3 misdemeanor, and a Class 2 misdemeanor for a second or later offense.
- More than 1 pound: a felony punishable by 1 to 10 years in prison, a fine of up to $250,000, or both.
The criminal penalties for larger amounts do not apply to possession in your own residence. That is not a license to sell: distribution without a license remains a crime. The limit was 1 ounce before 2026.
Adults may also share up to 1 ounce with another adult for no payment under Va. Code § 4.1-1101.1. The Code shows that section as set for repeal on July 1, 2027, when retail sales begin.
Under 21
People under 21 may not possess or consume marijuana. Under Va. Code § 4.1-1105.1, the penalty is a civil fine of up to $25 plus a court-ordered treatment or education program.
Where You Can and Cannot Use Cannabis in Virginia
Consuming marijuana, or offering it to someone else, in any public place is prohibited under Va. Code § 4.1-1108. Today a first offense carries a civil penalty of no more than $25. A second offense brings another $25 penalty plus a court-ordered treatment or education program, and a third or later offense is a Class 4 misdemeanor. On July 1, 2027, the civil penalty for first and second offenses rises to $250.
Not allowed
- Streets, sidewalks, parks, beaches and other public places
- Public school grounds: possessing or consuming marijuana there during school hours or school activities is a Class 2 misdemeanor under Va. Code § 4.1-1109
- Any motor vehicle on a public highway, by the driver or a passenger
- Federal land, such as national parks and military bases
Allowed
- Private residences and private property, with the owner’s permission
- Rentals and hotels only if the property allows it
Virginia has no licensed consumption lounges, and the 2026 retail framework does not create them.
Buying Cannabis in Virginia: Medical Now, Retail in 2027
Until July 1, 2027, recreational adults have no legal place to buy. Shops offering “free” weed with a sticker or membership are selling without a license. Senate Bill 543 (2026) lets the CCA issue cease and desist orders and civil penalties against unlicensed sellers.
The CCA retail market page lays out the timeline: draft regulations in September 2026, final rules after advisory council review by December 2026, conversion applications for medical processors and hemp businesses by February 1, 2027, certain initial licenses by May 1, 2027, and retail sales on July 1, 2027.
News reports on the budget deal cite a cap of 350 retail stores. Purchase limits and store hours will be set in CCA regulations, not final as of October 2026.
Virginia Medical Cannabis Program
Virginia’s medical program is open now. Under Va. Code § 54.1-3408.3 and § 4.1-1601, a practitioner may issue a written certification for any diagnosed condition or disease the practitioner believes cannabis may help. There is no fixed list of qualifying conditions.
- Who qualifies: Virginia residents, including temporary residents, 18 or older with government ID, or minors and vulnerable adults through a parent or guardian, according to the CCA patient page.
- Who certifies: physicians, physician assistants and certain nurse practitioners. A certification is valid for up to one year.
- Buying: bring the certification and ID to a licensed dispensary, which scans and verifies it.
- Delivery: allowed to a patient’s home or business under Va. Code § 4.1-1603.
- Taxes: medical sales are exempt from the new cannabis tax under § 4.1-1004.
Out-of-state medical cards are not accepted, since dispensing is limited to Virginia residents. The CCA keeps a current list of dispensary locations.
Growing Marijuana at Home in Virginia
Adults 21 and older may grow up to 4 marijuana plants per household at their main place of residence under Va. Code § 4.1-1101. The limit is per household, not per person. Growers must:
- keep plants out of public view;
- take precautions to keep people under 21 away from them; and
- tag each plant with the grower’s name, driver’s license or ID number, and a note that it is grown for personal use.
Breaking those conditions carries a civil penalty of up to $25. Growing 5 to 10 plants is a $250 civil penalty for a first offense; 11 to 49 plants is a Class 1 misdemeanor; 50 or more is a felony.
Driving and Cannabis in Virginia
Virginia has no per se THC blood limit. Under Va. Code § 18.2-266, it is DUI to drive under the influence of any drug to a degree that impairs the ability to drive safely, so police must show impairment. Separately, Va. Code § 4.1-1107 makes it illegal for a driver or passenger to use marijuana in a vehicle on a public highway. An open container in the passenger area, including an unlocked glove box, can be used as evidence of use, so keep cannabis sealed or in the trunk.
Crossing State Lines, Airports and Federal Land
Taking cannabis across any state line is illegal under federal law, even into Maryland or Washington, D.C., where adult use is legal. TSA follows federal law and refers cannabis found at screening to police. Federal law also applies on federal property, from Shenandoah National Park to military bases.
Hemp, Delta-8 and THC Products in Virginia
Since August 15, 2026, a hemp product produced or sold in Virginia may contain no more than 2 milligrams of total THC per package and no more than 0.3% total THC, according to the CCA hemp page. The old exception for products with at least 25 parts CBD to 1 part THC is gone, there was no sell-through period, and products over the limits may be treated as marijuana. Hemp oversight moved from VDACS to the CCA in August 2026.
Most delta-8 gummies and THCA flower exceed that cap and cannot be legally sold in Virginia. Federal law is tightening too: the federal hemp redefinition takes effect November 12, 2026 for cannabinoids the plant cannot naturally produce, such as THC-O, and December 11, 2026 for everything else, including delta-8 and a cap of 0.4 mg total THC per container.
Marijuana Taxes in Virginia
When retail sales begin, Va. Code § 4.1-1004 sets:
- a 6% state cannabis tax, rising to 8% on July 1, 2029;
- a mandatory local cannabis tax of 1% to 3.5%, set by each locality; and
- regular state and local sales tax on top.
Medical cannabis sales are exempt from the cannabis tax.
What Changed in Virginia Cannabis Law Recently
- Retail market (2026): The state budget, HB 30, enacted June 29, 2026, created the licensed retail market, raised the possession limit to 2 ounces, raised the public use fine to $250 from July 2027, set the new taxes and moved hemp oversight to the CCA.
- Resentencing (2026): Governor Spanberger signed HB 26 and SB 62 in May 2026, creating hearings to consider modifying sentences for certain marijuana felonies committed before July 1, 2021 for people still incarcerated or supervised.
- Federal rescheduling (2026): In April 2026, marijuana held under a state medical marijuana license moved to Schedule III. Adult-use cannabis remains Schedule I while a broader proceeding is on hold. See our federal law guide.
From the editor, James Buddsey: Virginia is the state where people most often confuse “legal to have” with “legal to buy.” Until July 1, 2027, every recreational sale in the state is unlicensed. If a shop sells you weed today without a medical certification, it is breaking the law, and nothing it sells has passed state testing.
Virginia Marijuana Laws FAQ
Is weed legal in Virginia?
Yes, to possess and grow. Adults 21 and older may possess up to 2 ounces in public under Va. Code § 4.1-1100 and grow up to 4 plants per household. Recreational retail sales do not begin until July 1, 2027.
When can you buy recreational weed in Virginia?
Licensed retail sales are scheduled to begin July 1, 2027, under the 2026 state budget.
How much weed can you carry in Virginia, and what are the penalties?
Up to 2 ounces. Over 2 to 4 ounces is a civil penalty of up to $25; over 4 ounces is a misdemeanor; over 1 pound is a felony of 1 to 10 years.
Can tourists buy weed in Virginia?
Not yet. Recreational stores open July 1, 2027, and the medical program serves only Virginia residents, including temporary residents.
Can you grow weed in Virginia?
Yes. Adults 21 and older may grow up to 4 plants per household at their main residence, out of public view, with each plant tagged with the grower’s name and ID number.
Can you smoke weed in public in Virginia?
No. Public consumption is a civil penalty of up to $25 today, rising to $250 on July 1, 2027. A third offense is a Class 4 misdemeanor.
Is delta-8 or THCA legal in Virginia?
Only in very low doses. Since August 15, 2026, hemp products sold in Virginia may contain no more than 2 mg of total THC per package, which rules out most delta-8 and THCA products.
More State Cannabis Law Guides
Compare Virginia with its neighbors: Maryland, West Virginia, North Carolina, Kentucky and Tennessee. Browse all state cannabis law guides, or read our federal marijuana law guide for rescheduling and hemp updates.
Neighboring state guides: Maryland · Washington, D.C. · West Virginia · Kentucky · Tennessee · North Carolina · All state cannabis laws
General information about Virginia cannabis law as of October 2026, not legal advice.
