Virginia

Is Weed Legal in Virginia?

Yes! Weed is officially legal in Virginia - as of July 1, 2021!  

Buying Marijuana in Virginia

Buying marijuana in Virginia is still not possible, as dispensaries are set to open in 2024.

Buying Marijuana at a Retail Location

Unfortunately, dispensaries are not yet open in Virginia! Stay tuned - but expect them to open in 2024.

Using a Marijuana Delivery Service

Unfortunately, delivery has not been legalized as of now. Stay tuned!

Store Hours

It is unknown what hours dispensaries will have. Once dispensaries are open, we’ll be sure to have all of the information you need.

Purchasing Restrictions

While it is not possible to buy marijuana at this time, 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.

Taxes on Marijuana in Virginia

Taxes on Recreational Marijuana in Virginia

We will keep this section updated as more information comes out on cannabis taxes!

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

Those over 21 may possess up to 1 ounce of cannabis as of July 1, 2021. 

Using Marijuana in Virginia

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

Unfortunately, the limited medical marijuana program in Virginia also does not allow for reciprocity of out-of-state medical marijuana cards.

How to Transport Marijuana in Virginia

Transporting Marijuana in Virginia

Once recreational cannabis is fully legal in July 2021, transporting cannabis within the state will be legal for anyone over 21. That being said, cannabis should always be out of the reach of the driver.

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 well-being 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

As of July 1st, 2021, consumers over 21 will be able to grow up to 4 cannabis plants in their own home.

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/