Is marijuana legal in Virginia?
Yes, for possession and home grow. As of 2026, adults 21 and older in Virginia can possess up to two ounces of marijuana (weed) and grow up to four plants at home, but licensed recreational retail sales do not begin until July 1, 2027.
Status checked November 4, 2026
Contents
Marijuana laws in Virginia
Virginia legalized adult possession and home cultivation in 2021 (2021 Special Session I, chapters 550 and 551). Medical cannabis is sold through licensed pharmaceutical processors overseen by the Virginia Cannabis Control Authority. A 2026 law (2026 Special Session I, chapter 1) raised the public possession limit to two ounces and set a timeline for a licensed retail market.
Adults 21 and older may lawfully possess on their person or in any public place not more than two ounces of marijuana, or an equivalent amount of marijuana product. Possessing more than that in public can be a civil penalty of no more than $25, and larger public amounts can be misdemeanors or felonies, except that possession in a residence is treated differently. A household may cultivate up to four plants at the person’s main residence, with plants tagged and not visible from a public way.
There are no licensed adult-use retail stores yet. The CCA’s published timeline has regulations finalized by December 2026, applications by February 1, 2027, and retail sales beginning July 1, 2027. Until then, the legal way to buy from a store is the medical cannabis program. Consuming marijuana in a public place is banned. Using or consuming it in a motor vehicle on a public highway is a Class 4 misdemeanor.
Marijuana remains illegal under federal law, apart from state-licensed medical marijuana, which moved to Schedule III in April 2026.
Virginia State Capitol, Richmond Photo: Adobe Stock (editorial use only).
What the law says
Legal
- a person 21 years of age or older may lawfully possess on his person or in any public place not more than two ounces of marijuana or an equivalent amount of marijuana product as determined by regulation promulgated by the Board.
- A person 21 years of age or older may cultivate up to four marijuana plants for personal use at their place of residence; however, at no point shall a household contain more than four marijuana plants.
Not legal
- No person shall consume marijuana or a marijuana product or offer marijuana or a marijuana product to another, whether accepted or not, at or in any public place.
- It is unlawful for any person to use or consume marijuana or marijuana products while driving a motor vehicle upon a public highway of the Commonwealth or while being a passenger in a motor vehicle being driven upon a public highway of the Commonwealth.
- No person younger than 21 years of age shall consume or possess, or attempt to consume or possess, any marijuana or marijuana products
Quoted from Code of Virginia §4.1-1100.
How old do you have to be to use marijuana in Virginia?
You have to be 21 to buy or legally possess weed in Virginia for adult use. People younger than 21 may not consume or possess marijuana, except for listed law-enforcement exceptions. An 18-year-old who violates that rule faces a civil penalty of no more than $25 and can be ordered into a treatment or education program. Medical cannabis has its own patient rules through the Virginia Cannabis Control Authority.
How much marijuana can you have in Virginia?
Adults 21 and older in Virginia can have up to two ounces of marijuana, or an equivalent amount of product, on their person or in a public place. That is the limit that applies in a car and in public. Possession in a residence is treated differently, and growing up to four plants at home is separately allowed. More than two ounces in public can bring a civil penalty of no more than $25. More than four ounces but not more than one pound in public (and not in a residence) is a Class 3 misdemeanor, and more than one pound in public is a felony.
Where can you buy marijuana in Virginia?
You can't buy recreational weed at a licensed store in Virginia yet. Adult-use retail sales are scheduled to begin July 1, 2027, after the Cannabis Control Authority issues licenses. Until then, the legal way to buy from a dispensary is Virginia's medical cannabis program, through licensed pharmaceutical processors and their dispensing facilities. Informal sales without a license remain illegal.
Can you grow marijuana at home in Virginia?
Yes. Adults 21 and older in Virginia can grow up to four marijuana plants at their main residence, and a household may not have more than four plants at any time. Plants must not be visible from a public way without optical aids, must be kept from people under 21, and must have a tag with the grower's name, ID number and a note that the plant is for personal use. More than four plants but no more than 10 brings a $250 civil penalty for a first offense, with higher plant counts charged as crimes.
Where can you use marijuana in Virginia?
You can smoke weed in Virginia mainly on private property. State law bans consuming marijuana or offering it to someone else in a public place. A first public-consumption offense is a civil penalty of no more than $25; later offenses can add education requirements or become a Class 4 misdemeanor. Using or consuming marijuana in a car on a public highway, as a driver or a passenger, is a Class 4 misdemeanor.
How do you get a medical marijuana card in Virginia?
To get a medical marijuana card in Virginia, you need a written certification from a practitioner and to register with the medical cannabis program overseen by the Cannabis Control Authority. Qualifying patients can buy from licensed medical dispensaries operated by pharmaceutical processors. That is the current legal retail path until adult-use stores open on July 1, 2027. Adults 21 and older may already possess and grow within the adult-use limits without a medical card.
Can visitors buy or use marijuana in Virginia?
Out-of-state visitors who are 21 or older may possess up to two ounces in Virginia and are subject to the same public-use and home-grow rules. They cannot buy recreational marijuana in a licensed store until July 1, 2027. Medical dispensaries serve qualifying patients in the Virginia medical program. Taking marijuana out of Virginia across state lines remains illegal under federal law.
What are the rules on driving and marijuana in Virginia?
No, you can't drive high in Virginia. It is illegal to drive under the influence of any self-administered intoxicant or drug to a degree that impairs safe driving, under §18.2-266. Separately, using or consuming marijuana while driving or riding on a public highway is a Class 4 misdemeanor, and an open container in the passenger area can support an inference of consumption.
Can an employer in Virginia fire you for using marijuana?
Yes, you can get fired for smoking weed in Virginia. Adult possession is legal, but the law does not generally require employers to allow marijuana use or to ignore a drug test. Employers may keep drug-free workplace policies, especially for safety-sensitive jobs and federally required testing.
What are the penalties for breaking marijuana laws in Virginia?
Adults 21 and older who stay within two ounces in public and four plants at home are acting within the possession and cultivation statutes. Going over those amounts can bring civil penalties or, at higher quantities, misdemeanors or felonies, including a felony for more than one pound in public. Public consumption starts as a $25 civil penalty. Selling without a license remains illegal until, and except as, the retail market opens.
Are CBD, hemp and delta-8 products legal in Virginia?
Hemp and hemp-derived CBD that meet Virginia's hemp definition are regulated separately from marijuana. Intoxicating products sold as delta-8 or THCA may be treated as marijuana if they fall outside that definition. Adult-use marijuana itself still cannot be sold at licensed recreational stores until July 1, 2027. Separately, a stricter federal hemp definition, with a total-THC standard that counts THCA and a 0.4 mg-per-container cap, takes effect December 11, 2026.
Does federal law still apply in Virginia?
Yes. Federal law still applies in Virginia. Marijuana remains a Schedule I controlled substance under federal law, with one exception: since April 28, 2026, marijuana covered by a state medical marijuana license and FDA-approved marijuana products are in Schedule III. A broader federal rescheduling proceeding was stayed on September 29, 2026, and has no decision date. State law does not change federal rules on federal land, on carrying marijuana across state lines, or on federally required drug testing, such as for DOT-regulated jobs.
Has the law in Virginia changed recently, or is it about to?
Yes. A 2026 law raised Virginia's public possession limit from one ounce to two ounces and created the timetable for licensed recreational sales to begin July 1, 2027. The Cannabis Control Authority released draft retail regulations in September 2026, with a goal of finalizing them by December 2026 and opening some applications by February 1, 2027. Until sales start, medical dispensaries remain the licensed retail option. New federal hemp limits begin November 12 and December 11, 2026.
Legislation
Sources (10)
- Code of Virginia §4.1-1100 (possession by persons 21 or older) law.lis.virginia.gov
- Code of Virginia §4.1-1101 (home cultivation) law.lis.virginia.gov
- law.lis.virginia.gov
- Code of Virginia §4.1-1107 (use in a motor vehicle) law.lis.virginia.gov
- Code of Virginia §4.1-1108 (public consumption) law.lis.virginia.gov
- law.lis.virginia.gov
- Virginia Cannabis Control Authority, retail marijuana market cca.virginia.gov
- dea.gov
- federalregister.gov
- congress.gov
General information, not legal advice. Laws change often, so check with the state's cannabis agency before relying on this.
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