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Virginia Marijuana Laws

Is Weed Legal in Virginia?

Weed is illegal within Virginia. However, as of July 1, 2020, marijuana possession has been decriminalized. Legislation has made possession of an ounce or less of marijuana a civil punishment, with no chance of jail time and just a fine of $25. One day after the decriminalization of marijuana possession, Democratic lawmakers announced plans to fully legalize marijuana and regulate commercial cannabis through the state. Lawmakers announced that the new piece of legislation will be filed in 2021, and after that, the legislation has to go through a rigorous process to be accepted state-wide. Stay tuned for more information - we will keep this page updated as legislation changes.

Buying Marijuana in Virginia

Buying marijuana in Virginia is still highly illegal, regardless of the decriminalization of cannabis. Every aspect of marijuana is still illegal, but rather than having a chance to go to jail, possessing small quantities will just result in a fine.

Buying Marijuana at a Retail Location

Buying marijuana is still highly prohibited and no dispensaries are open in the state. Once the state changes its laws, check back in with us to get an updated overview of everything you need to know about marijuana in Virginia.

Using a Marijuana Delivery Service

Much like above, buying marijuana is highly illegal. Delivery services for marijuana are no exception. In most cases, marijuana delivery is a particularly dangerous crime to commit. The transportation and sale of marijuana is a felony. Virginia observes a mandatory minimum sentence of at least a year for the sale and transportation of marijuana, with an added $2,500 fine.

Store Hours

With the lack of legalization, marijuana dispensaries are non-existent. Once marijuana becomes legal, we’ll be sure to have all of the information you need.

Purchasing Restrictions

While it is not possible to buy marijuana, patients with severe medical conditions may qualify for a medical CBD license. By going through an extensive process, patients may legally obtain state-produced CBD oil which contains small amounts of CBD and/ or THC-A. As of right now, this s the only possible substitute for marijuana that is legal to buy in Virginia.

Available Products

Legal marijuana products available are scarce. While only a select few are eligible to buy pharmaceutical-grade hemp oil containing CBD and low amounts of THC-A, the rest have no option for obtaining marijuana. Marijuana is still highly illegal and therefore are not available for purchase.

Taxes on Marijuana in Virginia

Taxes on Recreational Marijuana in Virginia

Recreational marijuana is not legal yet in the state. Therefore there is no opportunity for taxes to be paid for the purchase of marijuana.

Taxes on Medical Marijuana in Virginia

Much like above, there is no medical marijuana program in place to pay taxes for purchasing marijuana. Once a medical marijuana program is established please be sure to visit us again for all of the information you may need.

Possession

Possession of marijuana has been decriminalized within the state. All individuals who are found in the possession of marijuana and have less than 1 ounce of marijuana will be charged with a civil violation. Instead of risking jail time, you just have to pay a mere $25 fine. The same applies to subsequent possession charges. However, if caught with more than 1 ounce, you may be charged with possession with intent to sell or traffic. This includes being charged with a felony, and at least one year in jail with an added $2,500 fine.

Using Marijuana in Virginia

Using marijuana in Virginia is highly illegal. Although the possession of marijuana has been decriminalized, it is still illegal and consumers need to be careful. To avoid unnecessary fines and charges, please refrain from using marijuana, especially in public.

Smoking on Federal Lands

Federal land is, in essence, not state land. Therefore, the decriminalization of possession of marijuana would not apply if caught with marijuana on federal land. With marijuana being highly illegal federally, you might be subject to heftier fines and the possibility of incarceration. At all costs, please be sure to avoid using and carrying marijuana while on federal land.

Medical Marijuana in Virginia

Medical marijuana in Virginia is illegal. However, they do have a program that allows medical patients to obtain small quantities of CBD and THC-A oil for medical reasons. Called the Affirmative Defense Certificate, an approved patient is protected from criminal charges as long as they take their prescribed medicine while obeying state laws. 

How to Get a Medical Marijuana Card in Virginia

As described above, there is no medical marijuana program established. Rather, they have established a program called Affirmative Defense which protects approved patients for the use of state-produced CBD and THC-A oil. Obtaining this certification requires a few steps:

  • Seek a physician’s written approval
  • Submit an online application through the state
  • Pay the $50 application fee
  • Renew your certification every 12 months

Out of State Medical Cards Virginia

Because there is not a medical marijuana program and there are no dispensaries in the state, the reciprocity of medical marijuana cards is nonexistent. Once the state allows either medical marijuana, be sure to check back with us to get a full understanding of the reciprocity for outside medical marijuana cards.

How to Transport Marijuana in Virginia

Transporting Marijuana in Virginia

Transporting marijuana in Virginia is strictly prohibited. If caught, it may be considered a felonious charge. This could result in a mandatory sentence of at least one year of incarceration. With the added fine of $2,500, transporting marijuana is certainly not a crime to commit.

Driving While Under the Influence of Marijuana

Although some states may have a ‘legal-limit’ for THC in the bloodstream, Virginia is not one of them. Virginia simply observes a zero-tolerance policy. This means that if pulled over, and found to show signs of toxification, it is in the police officer’s right to test your blood for THC. If found with trace amounts of THC in your bloodstream, you will be charged accordingly and most likely will lose your license.  For the sake of your wellbeing and the health of others, please be sure to not drive while high.

Driving Across State Lines with Marijuana

Despite legalization efforts in certain states, driving across state lines puts you into federal jurisdiction. As described previously, marijuana is illegal federally and police are not too forgiving for marijuana charges. By transporting marijuana across state borders, you may be charged for trafficking marijuana. This comes with even more extensive penalties and punishments. Please be sure to double-check your possessions before crossing state boundaries.

Growing Marijuana in Virginia

Under Virginia law, growing marijuana is considered the same as “manufacturing”. This means that if caught growing marijuana, no matter the number of plants, you will be charged with a felony. If you are caught, you will be sentenced to at least five years in incarceration and forced to pay up to $10,000 in fines.

Resources

https://www.marijuanamoment.net/virginia-lawmakers-announce-plans-to-legalize-marijuana-one-day-after-decriminalization-takes-effect/

https://www.virginiamercury.com/2020/07/01/marijuana-is-now-decriminalized-in-virginia-heres-what-that-means/

https://www.vanorml.org/2020_legislation

https://www.mpp.org/states/virginia/

https://norml.org/blog/2020/06/29/virginia-marijuana-decriminalization-law-takes-effect-wednesday-july-1/

https://norml.org/laws/virginia-penalties-2/