Virginia marijuana laws

Is marijuana legal in Virginia?

As of July 1, 2021, Virginians will be able to possess up to one ounce of cannabis, and homegrow up to 4 plants per household. The state legislature recently voted to legalize cannabis for adult use starting in the year 2024. Medical marijuana is legal in Virginia, but it is a restrictive program with products made from CBD and THC oils and no flower or smokeable products.

Please note: Non-medical cannabis is not yet legal, even though the legislature has voted to make it so.

As of late March 2021, leading legislators and Gov. Ralph Northam were working to move up the state’s adult-use legalization date to later in 2021, rather than the current timeline of 2024. That hasn’t happened yet, and consumers should not count on cops or courts being aware of the coming change.

Marijuana in smaller amounts has been decriminalized in Virginia, so possession of up to one ounce does not warrant a criminal charge as of July 1, 2020, and authorized medical patients are protected, not just given affirmative defense.

Four medical marijuana dispensaries were open as of Feb. 2021. They are licensed to sell patients CBD and limited THC oil and their byproducts, including lozenges, capsules, and patches.

The penalties for marijuana in Virginia are still harsh, regardless of recent legislation. Personal possession of more than half an ounce and up to five pounds of marijuana flower can result in up to 10 years in jail and a $2,500 fine.

More than five pounds can be punishable up to 30 years in jail. Any form of manufacturing, selling, distributing or gifting is punishable by up to 40 years in prison and $500,00 in fines. Penalties increase with subsequent offenses.

Despite a peak of almost 29,000 cannabis arrests in 2018, arrests were down to approximately 26,500 in 2019.

Virginia medical marijuana laws

2020 has been a good year for cannabis and marijuana legislation in Virginia, although it remains conservative, and good ol’ fashioned bud is still illegal.

Gov. Ralph Northam signed SB 726 in 2018 to legalize the use, recommendation, and production of CBD and THCA oils. In 2019, SB 1557 expanded on this to include products derived from those oils, like lollipops, capsules, sprays, and topicals.

In May 2020, Northam signed SB 2 / HB 972 to decriminalize possession of up to 1 oz, which took effect July 1. The bill also creates a workgroup between many state institutions to study potential impacts of personal use and legalization.

Efforts to promote legalization were killed in the General Assembly in 2020 and will have to wait until 2021. Other bills were incorporated into SB 2/HB 972 to expunge records of people with low-level offenses. Two of five approved medical dispensaries are set to open in the fall 2020, pandemic permitting.

Many important lawmakers in Virginia are Democrats and there is now a Democratic majority in its House of Delegates, which has resulted in numerous legislation changes, cannabis included. The state’s August 2020 session has multiple planned actions to address equity, racial discrimination, and social justice. Several of Virginia’s senators and house representatives are up for re-election. Virginia residents can register to vote here.

Support has been growing in Virginia and continues with the August 2020 session for the General Assembly. A survey from Christopher Newport University in 2019 indicated that 83% of Virginia voters support decriminalization.

Virginia qualifying conditions for medical marijuana

Cannabis oil and derived products will be legally available for registered medical marijuana patients to purchase and possess starting in 2020. As of 2018, any diagnosed and debilitating condition may qualify. These include:

• Alzheimer’s Disease
• Amyotrophic Lateral Sclerosis (ALS),
• Anxiety
• Autism
• Cachexia and wasting syndrome,
• Cancer
• Crohn’s Disease
• Chronic Pain
• Epilepsy and other seizure disorders
• Fibromyalgia
• Glaucoma
• Hepatitis C
• Huntington’s Disease
• Inflammatory Bowel Disease (IBD)
• Multiple Sclerosis (MS)
• Parkinson’s Disease
• Post-Traumatic Stress Disorder (PTSD)
• Sickle Cell Anemia
• Tourette Syndrome

How to get a medical marijuana card in Virginia

Virginia doesn’t make it easy to procure medicine.

1. First you’ll need to register an account on the Virginia Department of Health Professions (DHP) Initial Applications site. This includes your social security number. The fee is $50.
2. Once registered, select “Registered Patient for Cannabis Oil” from the license type to begin the application process.
3. The application requires ID that shows proof of age, residency, and a recommendation from a registered practitioner on the Board of Pharmacy.
4. This can take up to two weeks to process. Recommendations must be renewed annually.

Does Virginia accept out-of-state medical cards?

Definitely not, they barely accept their own.

When does my Virginia medical marijuana card expire?

Medical marijuana cards in Virginia must be renewed annually for registered patients to maintain access to cannabis oil.

Virginia marijuana growing laws

Only licensed pharmaceutical processors can grow cannabis in Virginia, of which there are five. As of July 1, 2021, Virginians will be allowed to homegrow 4 plants per household.

Virginia public consumption laws

Consumption of flower is prohibited everywhere, even in the home, and flower is not legally available even to medical patients. Medical patients can consume their oils at home. 

Virginia cannabis DUI laws

Virginia defines driving while intoxicated or under the influence as “If your blood alcohol content (BAC) is 0.08 percent or higher. You may be considered under the influence with a lower BAC if your ability to operate a motor vehicle, boat or water craft is impaired.”

A medical patient registration with the medical marijuana program does not protect an individual from driving while intoxicated.

Virginia, like other states, has implied consent laws when it comes to breathalyzers or chemical tests to determine blood-alcohol concentration. Refusing a breathalyzer will result in a 1-year license suspension. Driving while intoxicated by a drug, cannabis included, results in the same penalties as alcohol.

Penalties:

• First offense: Class 1 misdemeanor, $250 fine, and up to 10 days in jail if BAC level is above 0.15%, driver’s license revocation for one year.
• Second offense within five years: Mandatory minimum 20 days in jail up to one year, $500 fine, driver’s license revocation for three years.
• Third offense within 10 years: Class 6 felony, 90-day minimum in jail, indefinite license revocation, and a minimum $1,000 fine.

Virginia cannabis testing regulations

Currently, there are no cannabis products for sale in Virginia, so the testing regulations are unclear, although the limited 10mg dose of THC in ingestible products means some form of testing must occur.

Legislation over the last two years has clarified industry supply chains and infrastructure to create those regulations.

Keep up with the latest news about legalization in Virginia